reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-503.01 - State Fire Code; State Fire Marshal; duties; contents; enforcement; plans; review; late penalty.

81-503.01.
State Fire Code; State Fire Marshal; duties; contents; enforcement; plans; review; late penalty.
(1) The State Fire Marshal shall adopt and promulgate rules and regulations constituting a State Fire Code. At a minimum, the State Fire Code shall cover:
(a) The prevention of fires;
(b) The storage, sale, and use of flammable liquids, combustibles, and fireworks;
(c) Electrical wiring and heating, protection equipment devices, materials, furnishings, and other safeguards within structures necessary to promote safety and reduce loss by fire;
(d) The means and adequacy of exits, in case of fire, in assembly, educational, institutional, residential, mercantile, office, storage, and industrial-type occupancies as such structures are defined in the State Fire Code;
(e) All other buildings, structures, and enclosures in which numbers of persons congregate from time to time for any purpose, whether privately or publicly owned;
(f) Design, construction, location, installation, and operation of equipment for storing, handling, and utilization of liquefied petroleum gases, specifying the odorization of such gases and the degree thereof;
(g) Chemicals, prozylin plastics, X-ray nitrocellulose films, or any other hazardous material that may now or hereafter exist;
(h) Tanks used for the storage of regulated substances pursuant to the Petroleum Products and Hazardous Substances Storage and Handling Act; and
(i) Accessibility standards and specifications adopted pursuant to section 81-5,147.
(2) Not later than July 1, 2019, the rules and regulations adopted and promulgated as part of the State Fire Code shall conform generally to the standards recommended by the National Fire Protection Association, Pamphlet Number 1, known as the Fire Code, 2012 edition, the National Fire Protection Association, Pamphlet Number 101, known as the Life Safety Code, 2012 edition, and associated pamphlets, but not when doing so would impose an unduly severe or costly burden without substantially contributing to the safety of persons or property.
(3) The State Fire Marshal shall enforce the State Fire Code through inspections, code compliance, and orders. Plans for compliance with the State Fire Code shall be reviewed by the State Fire Marshal. Plans submitted after remodeling or construction has begun shall be accompanied by a penalty of fifty dollars in addition to the plan review fee established pursuant to subdivision (4)(a) of section 81-505.01.
(4) Rules and regulations adopted and promulgated as part of the State Fire Code shall apply to sites or structures in public ownership listed on the National Register of Historic Places but without destroying the historic quality thereof.
Source
Laws 2018, LB889, § 3;
Laws 2021, LB37, § 2.
Cross References
Petroleum Products and Hazardous Substances Storage and Handling Act, see section 81-15,117.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-504 - State Fire Marshal; legal counsel; appointment by Attorney General; compensation.

81-504.
State Fire Marshal; legal counsel; appointment by Attorney General; compensation.
The Attorney General may appoint a special attorney to assist and advise the State Fire Marshal. The attorney appointed for this purpose shall at all times be under the supervision of the Attorney General, who shall fix his or her compensation, which shall be paid wholly out of the State Fire Marshal Cash Fund.
Source
Laws 1925, c. 183, § 4, p. 480;
C.S.1929, § 81-5504;
R.S.1943, § 81-504;
Laws 2004, LB 1091, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-505 - First assistant and deputies; duties.

81-505.
First assistant and deputies; duties.
The duties of the first assistant and the deputies shall be to operate under the direction of and to assist the State Fire Marshal in the execution of sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157, the Nebraska Natural Gas Pipeline Safety Act of 1969, the Petroleum Products and Hazardous Substances Storage and Handling Act, and any other statutory duties imposed upon the State Fire Marshal. In the event of a vacancy in the office of State Fire Marshal and until a successor is appointed or during the absence or disability of that officer, the first assistant fire marshal, with the assent and approval of the Governor, shall assume the duties of that office.
Source
Laws 1925, c. 183, § 5, p. 480;
C.S.1929, § 81-5505;
R.S.1943, § 81-505;
Laws 1969, c. 763, § 11, p. 2892;
Laws 1988, LB 893, § 9;
Laws 1993, LB 251, § 5;
Laws 1993, LB 348, § 81.
Cross References
Nebraska Natural Gas Pipeline Safety Act of 1969, see section 81-552.
Petroleum Products and Hazardous Substances Storage and Handling Act, see section 81-15,117.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-506 - Fires; investigation by city or county authorities; reports to State Fire Marshal required.

81-506.
Fires; investigation by city or county authorities; reports to State Fire Marshal required.
The chief of the fire department of every city or village in which a fire department is established, the mayor of every incorporated city in which no fire department exists, the town clerk of every organized township, or the county commissioner in every commissioner district in counties not under township organization without the limits of any organized city or village shall investigate or cause to be investigated the cause, origin, and circumstances of every fire occurring in such city, village, township, or commissioner district by which property has been destroyed or damaged. All fires of unknown origin shall be reported, and such officers shall especially make investigation and report as to whether such fire was the result of carelessness, accident, or design. Such investigation shall begin immediately after the occurrence of such fire, and the State Fire Marshal shall have the right to supervise and direct such investigation whenever he or she deems it expedient or necessary. The officer making the investigation of fires occurring in cities, villages, townships, or commissioner districts shall forthwith notify the State Fire Marshal and shall, within one week of the occurrence of the fire, furnish him or her written statement of all the facts relating to the cause and origin of the fire and such further information as he or she may call for.
Source
Laws 1925, c. 183, § 6, p. 480;
C.S.1929, § 81-5506;
R.S.1943, § 81-506;
Laws 1988, LB 893, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-507 - State Fire Marshal; records and statistics on fires required.

81-507.
State Fire Marshal; records and statistics on fires required.
The State Fire Marshal shall keep in his office a record by alphabetical index, name of town, and by county and precinct in all unincorporated territory, of all the fires occurring in the state, together with all facts, statistics and circumstances, including the cause and origin of the fires, which may be determined by the investigation provided by section 81-506. Such reports and statistics shall be at all times open to public inspection.
Source
Laws 1925, c. 183, § 6, p. 480;
C.S.1929, § 81-5506;
R.S.1943, § 81-507.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-508 - State Fire Marshal; arson; investigations; evidence.

81-508.
State Fire Marshal; arson; investigations; evidence.
The State Fire Marshal shall, when in his opinion further investigation is necessary, take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to the matter as to which an examination is herein required to be made, and shall cause the same to be reduced to writing. If he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson, he shall file complaint with the county attorney, who shall cause such person to be arrested and charged with such offense. The fire marshal shall furnish to the proper prosecuting attorney all such evidence, together with a copy of all names of all witnesses and all the information obtained by him, including a copy of all pertinent and material testimony taken in the case; and shall keep a record of the proceedings and progress made in all such prosecutions for arson and the result of all cases finally disposed of.
Source
Laws 1925, c. 183, § 7, p. 481;
C.S.1929, § 81-5507;
R.S.1943, § 81-508.
Annotations
It is statutory duty of fire marshal to investigate the cause, origin and circumstances of every fire. McHugh v. Ridgell, 105 Neb. 212, 180 N.W. 75 (1920).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-510 - State Fire Marshal; investigations; witnesses; disobedience of subpoena or contumacy; penalty.

81-510.
State Fire Marshal; investigations; witnesses; disobedience of subpoena or contumacy; penalty.
Disobedience of any subpoena in such proceedings, or contumacy of a witness, may, upon application of the State Fire Marshal to the district court of the county in which the offense was committed, be punished by the district court in the same manner as if the proceedings were pending in such court.
Source
Laws 1925, c. 183, § 9, p. 483;
C.S.1929, § 81-5509;
R.S.1943, § 81-510.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-511 - Buildings; entry and inspection by State Fire Marshal; when authorized.

81-511.
Buildings; entry and inspection by State Fire Marshal; when authorized.
In the performance of the duties imposed by the provisions of sections 81-501.01 to 81-531, the State Fire Marshal and any of his subordinates, may, at all times of the day and night, enter upon and examine any building or premises where a fire is in progress or has occurred, and other buildings and premises adjoining or near thereto.
Source
Laws 1925, c. 183, § 10, p. 483;
C.S.1929, § 81-5510;
R.S.1943, § 81-511.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-512 - Buildings; entry and inspection; when authorized.

81-512.
Buildings; entry and inspection; when authorized.
The State Fire Marshal, his or her first assistant, deputies, and subordinates, the chief of the fire department of each city or village where a fire department is established, the mayor of a city, the chairperson of the board of trustees of a village where no fire department exists, or the clerk of a township or the county commissioner of a commissioner district in territory without the limits of a city or village, at all reasonable hours, may enter into all buildings and upon all premises within his or her jurisdiction for the purposes of examination, in harmony with sections 81-501.01 to 81-531, the Nebraska Natural Gas Pipeline Safety Act of 1969, the Petroleum Products and Hazardous Substances Storage and Handling Act, and any other statutory duties imposed upon the State Fire Marshal.
Source
Laws 1925, c. 183, § 11, p. 483;
C.S.1929, § 81-5511;
R.S.1943, § 81-512;
Laws 1993, LB 251, § 7.
Cross References
Nebraska Natural Gas Pipeline Safety Act of 1969, see section 81-552.
Petroleum Products and Hazardous Substances Storage and Handling Act, see section 81-15,117.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-520 - Buildings; fire hazards; abatement; penalty.

81-520.
Buildings; fire hazards; abatement; penalty.
The State Fire Marshal or any deputy or inspector who finds in any building or upon or beneath any premises any combustibles or explosive material, rubbish, rags, waste, oil, gasoline, or inflammable matter of any kind endangering the safety of such building or property or the occupants thereof or the occupants of adjoining buildings shall order such materials removed or such dangerous condition abated within a specified time. Such order shall be in writing and directed generally to the owner, lessee, agent, or occupant of such building or premises, and any such owner, lessee, agent, or occupant upon whom such order shall be served who fails to comply with such order within the time prescribed in the order shall be guilty of a Class V misdemeanor. Such material may be removed or dangerous condition abated at the expense of the owner of such building and premises or the person upon whom such service is so made, or both, and the State Fire Marshal may maintain all necessary actions for the recovery thereof.
Source
Laws 1925, c. 183, § 19, p. 487;
C.S.1929, § 81-5519;
R.S.1943, § 81-520;
Laws 1988, LB 893, § 15;
Laws 1993, LB 251, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-520.01 - Statewide open burning ban; waiver; permit; fee.

81-520.01.
Statewide open burning ban; waiver; permit; fee.
(1) There shall be a statewide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.
(2) The fire chief of a local fire department may waive an open burning ban under subsection (1) of this section for an area under the local fire department's jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. The permit issued by the fire chief to a person desiring to conduct open burning shall be in writing, signed by the fire chief, and on a form prescribed by the State Fire Marshal. The State Fire Marshal shall provide local fire departments with such forms.
(3) The fire chief of a local fire department may waive the open burning ban in the local fire department's jurisdiction when conditions are acceptable to the chief. Anyone intending to burn in such jurisdiction when the open burning ban has been waived shall notify the fire chief of his or her intention to burn prior to starting the burn.
(4) The fire chief of a local fire department may adopt standards listing the conditions acceptable for issuing a permit to conduct open burning under subsection (2) of this section.
(5) The local fire department may charge a fee, not to exceed ten dollars, for each such permit issued. This fee shall be remitted to the governing body for inclusion in the general funds allocated to the fire department. Such funds shall not reduce the tax requirements for the fire department. No such fee shall be collected from any state or political subdivision to which such a permit is issued to conduct open burning under subsection (2) of this section in the course of such state's or political subdivision's official duties.
Source
Laws 1980, LB 810, § 2;
Laws 1982, LB 790, § 1;
Laws 1994, LB 408, § 1;
Laws 2011, LB248, § 1.
Annotations
A permit issued under this section is a license and does not create any contractual liability between the person obtaining the permit and the fire district that issues it. Syracuse Rur. Fire Dist. v. Pletan, 254 Neb. 393, 577 N.W.2d 527 (1998).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-520.02 - Open burning ban; range-management burning; violations; penalty.

81-520.02.
Open burning ban; range-management burning; violations; penalty.
Any person violating the statewide open burning ban established by section 81-520.01 or violating sections 81-520.03 to 81-520.05 shall be guilty of a Class IV misdemeanor.
Source
Laws 1980, LB 810, § 3;
Laws 1989, LB 19, § 1;
Laws 1994, LB 408, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-520.03 - Land-management burning, defined; fire chief of local fire department; designate member of department.

81-520.03.
Land-management burning, defined; fire chief of local fire department; designate member of department.
(1) For purposes of sections 81-520.01 to 81-520.05, the fire chief of a local fire department may designate a member of the local fire department to share the powers and duties of the fire chief under such sections, except adopting standards pursuant to subsection (4) of section 81-520.01.
(2) For purposes of sections 81-520.04 and 81-520.05, land-management burning means the controlled application of fire to existing vegetative matter on land utilized for grazing, pasture, forests, or grassland to control weeds, pests, insects, and disease, prevent wildland fires, manage watersheds, care for windbreaks, and conduct scientific research.
Source
Laws 1994, LB 408, § 3;
Laws 2011, LB248, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-520.04 - Land-management burning; permit; issuance; when.

81-520.04.
Land-management burning; permit; issuance; when.
The fire chief of a local fire department may waive an open burning ban under subsection (1) of section 81-520.01 by issuing a permit for land-management burning only if the land-management burning is to be conducted in accordance with section 81-520.05.
Source
Laws 1994, LB 408, § 4;
Laws 2011, LB248, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-520.05 - Land-management burning; application for permit; plan; contents; fire chief; duties.

81-520.05.
Land-management burning; application for permit; plan; contents; fire chief; duties.
(1) A landowner, tenant, or other landowner's agent of the land where land-management burning is proposed shall file an application for a permit and a plan for conducting such burning. The plan shall include:
(a) The name of the landowner of the land on which land-management burning is to occur;
(b) The name of the person who will supervise the land-management burning if such person is different than the landowner;
(c) The land-management objective to be accomplished;
(d) A map showing the areas to be burned, including natural and manmade firebreaks;
(e) Procedures to be used to confine the fire in boundary areas without preexisting firebreaks;
(f) A list of equipment that will be on hand;
(g) The types and conditions of the vegetative matter to be burned on the land and in adjacent areas;
(h) Identification of roads and habitations that may be affected by smoke;
(i) A description of weather conditions believed to be required to safely and successfully conduct the land-management burning, including wind speed and direction, temperature, and relative humidity; and
(j) Such other information as may be prescribed by the fire chief of a local fire department.
(2) The fire chief of a local fire department shall evaluate each plan to determine its compliance with subsection (1) of this section. If a plan fails to comply with all provisions of such subsection, a permit for land-management burning shall not be issued.
(3) The fire chief of a local fire department shall issue a permit for land-management burning if (a) the plan complies with subsection (1) of this section and (b) the fire chief determines that land-management burning conducted in accordance with the plan would be conducted with due regard for the safety of people and property outside the burning areas. No permit shall be valid for more than thirty days.
Source
Laws 1994, LB 408, § 5;
Laws 2011, LB248, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-521 - Fire insurance companies; reports to State Fire Marshal required; copies mailed to fire department of certain cities.

81-521.
Fire insurance companies; reports to State Fire Marshal required; copies mailed to fire department of certain cities.
Every fire insurance company authorized to transact business in this state is required to report to the State Fire Marshal, through the secretary or other officer of the company designated by the board of directors for that purpose, all fire losses on property insured in any such company, giving the date of fire, the amount of probable loss, the character of property destroyed or damaged, and the supposed cause of the fire, together with the amount of insurance carried by such company. Such report shall be mailed to the State Fire Marshal within thirty days after notice of loss is received by such company. Each company is also required to report the amount of loss adjusted on each fire to the State Fire Marshal within thirty days after adjustment is made. Such report shall be in addition to any, and not in lieu of any, report or reports such companies may be required to make by any law of this state to the Director of Insurance;
Provided,
that in the case of a fire of suspicious origin a preliminary report shall be made immediately through some officer of the insurance company showing the name of the assured, the date of fire, location, occupancy, and such facts and circumstances as shall come to his knowledge, tending to establish the cause or origin of the fire;
and provided further,
that copies of the reports required by this section concerning any city of the metropolitan, primary, or first class shall be mailed by the insurance company concerned to the fire department of such city.
Source
Laws 1925, c. 183, § 20, p. 487;
C.S.1929, § 81-5520;
R.S.1943, § 81-521;
Laws 1965, c. 550, § 1, p. 1799.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-522 - Fires; failure of city or county authorities to investigate and report; penalty.

81-522.
Fires; failure of city or county authorities to investigate and report; penalty.
Any officer referred to in section 81-506 who neglects to comply with any of the requirements of sections 81-501.01 to 81-531 shall be guilty of a Class V misdemeanor.
Source
Laws 1925, c. 183, § 21, p. 488;
C.S.1929, § 81-5521;
R.S.1943, § 81-522;
Laws 1977, LB 39, § 289.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-523 - State Fire Marshal; office; support and maintenance; tax on fire insurance companies; rate; credit.

81-523.
State Fire Marshal; office; support and maintenance; tax on fire insurance companies; rate; credit.
(1) For the purpose of maintaining the office of the State Fire Marshal and such other fire prevention activities as the Governor may direct, every foreign and alien insurance company including nonresident attorneys for subscribers to reciprocal insurance exchanges shall, on or before March 1, pay a tax to the Director of Insurance of three-fourths of one percent of the gross direct writing premiums and assessments received by each of such companies during the preceding calendar year for fire insurance business done in this state.
(2) For the purpose set forth in subsection (1) of this section, every domestic insurance company including resident attorneys for subscribers to reciprocal insurance exchanges shall, on or before March 1, pay a tax to the Director of Insurance of three-eighths of one percent of the gross direct writing premiums and assessments received by each of such companies during the preceding calendar year for fire insurance business done in this state.
(3) The term fire insurance business, as used in subsections (1), (2), and (4) of this section, shall include, but not be limited to, premiums of policies on fire risks on automobiles, whether written under floater form or otherwise.
(4) Return premiums on fire insurance business, subject to the fire insurance tax, in accordance with subsections (1) and (2) of this section, may be deducted from the gross direct writing premiums for the purpose of the tax calculations provided for by subsections (1) and (2) of this section. In the case of mutual companies and assessment associations, the dividends paid or credited to policyholders or members in this state shall be construed to be return premiums.
(5) Any tax collected pursuant to subsections (1) and (2) of this section shall be remitted to the State Treasurer for credit to the General Fund.
(6) An insurance company described in this section shall receive a credit on the tax imposed under this section as provided in the Affordable Housing Tax Credit Act.
Source
Laws 1925, c. 183, § 22, p. 488;
C.S.1929, § 81-5522;
Laws 1933, c. 82, § 1, p. 330;
C.S.Supp.,1941, § 81-5522;
R.S.1943, § 81-523;
Laws 1949, c. 281, § 1, p. 977;
Laws 1953, c. 332, § 1, p. 1091;
Laws 1957, c. 376, § 1, p. 1316;
Laws 1979, LB 212, § 1;
Laws 2003, LB 408, § 4;
Laws 2004, LB 1091, § 14;
Laws 2007, LB322, § 24;
Laws 2022, LB800, § 345.
Cross References
Affordable Housing Tax Credit Act, see section 77-2501.
Annotations
Under former statute, fund created under its provisions could be paid out on proper warrants without legislative appropriation. State ex rel. Ridgell v. Hall, 99 Neb. 89, 155 N.W. 228 (1915), affirmed on rehearing 99 Neb. 95, 156 N.W. 16 (1916).
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-524 - State Fire Marshal; office; salaries; expenses; payment.

81-524.
State Fire Marshal; office; salaries; expenses; payment.
The State Fire Marshal shall keep on file in his office an itemized statement of all salaries and expenses incurred by his office, and shall approve all vouchers issued therefor, before they are submitted to the Director of Administrative Services for payment, which shall be allowed and paid in the same manner as other claims against the state.
Source
Laws 1925, c. 183, § 23, p. 489;
C.S.1929, § 81-5523;
R.S.1943, § 81-524.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-525 - State Fire Marshal; records public; exceptions.

81-525.
State Fire Marshal; records public; exceptions.
All records on file in the State Fire Marshal's office shall be public, except any testimony, correspondence, or other matter taken in an investigation or an inspection by, or in a report to, the State Fire Marshal under the provisions of the Nebraska Natural Gas Pipeline Safety Act of 1969 and sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157 which he or she in his or her discretion may withhold from the public.
Source
Laws 1925, c. 183, § 24, p. 489;
C.S.1929, § 81-5524;
R.S.1943, § 81-525;
Laws 1969, c. 763, § 12, p. 2892;
Laws 1993, LB 348, § 82.
Cross References
Nebraska Natural Gas Pipeline Safety Act of 1969, see section 81-552.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-526 - State Fire Marshal; investigations; duty of county attorney to act.

81-526.
State Fire Marshal; investigations; duty of county attorney to act.
The county attorney of any county, upon request of the State Fire Marshal, or his or her deputies or assistants, shall (1) assist such officers in the investigation of any fire which, in their opinion, is of suspicious origin and (2) act as attorney for such officers in all court proceedings in connection with the enforcement of the Petroleum Products and Hazardous Substances Storage and Handling Act when, in the exercise of a reasonable discretion, the county attorney shall determine that the evidence is sufficient to justify the bringing of such court proceedings.
Source
Laws 1925, c. 183, § 25, p. 489;
C.S.1929, § 81-5525;
R.S.1943, § 81-526;
Laws 1945, c. 228, § 1, p. 675;
Laws 1986, LB 217, § 13;
Laws 2017, LB371, § 1.
Cross References
Petroleum Products and Hazardous Substances Storage and Handling Act, see section 81-15,117.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-527 - State Fire Marshal; schools; exits; fire drills.

81-527.
State Fire Marshal; schools; exits; fire drills.
It shall be the duty of the State Fire Marshal and his or her deputies and assistants to require teachers of public and private schools and educational institutions to conduct regular fire drills in accordance with such rules and regulations as he or she may adopt and promulgate and to keep all doors and exits unlocked during school hours.
Source
Laws 1925, c. 183, § 26, p. 489;
C.S.1929, § 81-5526;
R.S.1943, § 81-527;
Laws 1988, LB 893, § 16.
Cross References
For instruction on fire prevention in schools, see section 79-706.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-528 - State Fire Marshal Cash Fund; created; use; investment.

81-528.
State Fire Marshal Cash Fund; created; use; investment.
(1) The State Fire Marshal Cash Fund is created. Money collected pursuant to subsections (2) and (3) of this section shall be remitted to the State Treasurer for credit to the fund. The fund shall be used to pay for costs incurred in the general operations program of the State Fire Marshal's office, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. The State Fire Marshal Cash Fund shall be administered by the State Fire Marshal. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(2) All money received from inspection contracts, penalties, fees, or forfeitures, except fines collected under sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157, shall be remitted to the State Treasurer for credit to the fund.
(3) All fees assessed pursuant to section 81-505.01 for services performed by the State Fire Marshal's office shall be remitted to the State Treasurer for credit to the fund.
Source
Laws 1925, c. 183, § 27, p. 489;
C.S.1929, § 81-5527;
R.S.1943, § 81-528;
Laws 1969, c. 584, § 97, p. 2407;
Laws 1973, LB 120, § 1;
Laws 1983, LB 498, § 8;
Laws 1993, LB 348, § 83;
Laws 1994, LB 1066, § 99;
Laws 2004, LB 1091, § 15;
Laws 2009, First Spec. Sess., LB3, § 65.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-529 - Sections, how construed.

81-529.
Sections, how construed.
It is declared that sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157 are in nature necessary for the public safety, health, peace, and welfare and shall be liberally construed.
Source
Laws 1925, c. 183, § 28, p. 490;
C.S.1929, § 81-5528;
R.S.1943, § 81-529;
Laws 1993, LB 348, § 84.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-530 - Mechanical Safety Inspection Fund; created; use; investment.

81-530.
Mechanical Safety Inspection Fund; created; use; investment.
The Mechanical Safety Inspection Fund is created. All fees collected by the State Fire Marshal pursuant to the Nebraska Amusement Ride Act and the Conveyance Safety Act shall be remitted to the State Treasurer for credit to the Mechanical Safety Inspection Fund. Fees so collected shall be used for administering the provisions of the Nebraska Amusement Ride Act and the Conveyance Safety Act. Any money in the Mechanical Safety Inspection Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Money in the Mechanical Safety Inspection Fund may be transferred to the General Fund at the direction of the Legislature.
Source
Laws 2007, LB265, § 24;
Laws 2017, LB331, § 46;
R.S.Supp.,2018, § 81-405;
Laws 2019, LB301, § 81.
Cross References
Conveyance Safety Act, see section 81-5,210.
Nebraska Amusement Ride Act, see section 81-5,190.
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-531 - Fire chiefs; local officers; fire reports; compensation; mileage.

81-531.
Fire chiefs; local officers; fire reports; compensation; mileage.
(1) There shall be paid to the chiefs of fire departments and mayors of cities who do not receive to exceed fifty dollars annually as compensation for their services as such chiefs or mayors, to chairpersons of the village boards, to the township clerks of every organized township, and to county commissioners in counties not under township organization, who are required by section 81-506 to report fires to the State Fire Marshal, the sum of one dollar for each fire reported to the satisfaction of the State Fire Marshal, and, in addition thereto, mileage at the rate allowed by the provisions of section 81-1176 for each mile traveled from the officers' domicile to and from the place of fire when such mileage is compulsory to investigate the cause of fire by county commissioners or sheriffs but not by fire chiefs. This allowance shall be paid by the State Fire Marshal at the close of each fiscal year out of any funds provided for the use of the office of the State Fire Marshal.
(2) All chiefs of fire departments who receive a stated salary and devote their entire time to the duties of their respective fire departments, and those mayors of cities who receive a stated salary exceeding fifty dollars as such officers, shall be precluded from receiving any extra allowance for the report mentioned in subsection (1) of this section.
Source
Laws 1925, c. 183, § 30, p. 490;
C.S.1929, § 81-5530;
Laws 1933, c. 96, § 16, p. 396;
C.S.Supp.,1941, § 81-5530;
R.S.1943, § 81-531;
Laws 1957, c. 70, § 9, p. 301;
Laws 1996, LB 1011, § 34.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-532 - Firefighters; report regarding; contents.

81-532.
Firefighters; report regarding; contents.
The State Fire Marshal shall create a report regarding firefighters including the (1) type of department, including fire and rescue and fire only, (2) number of firefighters, including paid, paid per call, and unpaid, (3) department classification, including all paid departments, all volunteer departments, and all combination paid and volunteer departments, and (4) number of fire stations.
Source
Laws 2021, LB432, § 16.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-538 - Violations; penalty.

81-538.
Violations; penalty.
Anyone violating any of the provisions of sections 81-501.01 to 81-531, for which no other specific penalty is provided, shall be deemed guilty of a Class V misdemeanor, and each day's noncompliance shall constitute a separate offense.
Source
Laws 1919, c. 190, tit. V, art. XXI, § 14, p. 749;
C.S.1922, § 8158;
C.S.1929, § 81-5537;
R.S.1943, § 81-538;
Laws 1947, c. 313, § 2, p. 950;
Laws 1977, LB 39, § 290;
Laws 1980, LB 810, § 1;
Laws 1985, LB 40, § 1;
Laws 2021, LB37, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-542 - Terms, defined.

81-542.
Terms, defined.
For purposes of the Nebraska Natural Gas Pipeline Safety Act of 1969, unless the context otherwise requires:
(1) The Natural Gas Pipeline Safety Act of 1968 of the United States shall mean Public Law 90-481, 82 Stat. 720, 90th Congress, S. 1166, enacted August 12, 1968;
(2) State Fire Marshal shall mean the officer appointed pursuant to section 81-501.01;
(3) Person shall mean any individual, firm, joint venture, partnership, limited liability company, corporation, association, municipality, cooperative association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof;
(4) Gas shall mean natural gas, flammable gas, or gas which is toxic or corrosive and which is transported in a gaseous form and not in a liquid form;
(5) Transportation of gas shall mean the gathering, transmission, or distribution of gas by pipeline or its storage, except that it shall not include any such transportation of gas which is subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act of the United States or the Interstate Commerce Commission under the Interstate Commerce Act or the gathering of gas in those rural locations which lie outside the limits of any incorporated or unincorporated city, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area which the State Fire Marshal may define as a nonrural area; and
(6) Pipeline facilities shall include, without limitation, new and existing pipe rights-of-way and any equipment facility or building used in the transportation of gas or the treatment of gas during the course of transportation but rights-of-way as used in the Nebraska Natural Gas Pipeline Safety Act of 1969 does not authorize the State Fire Marshal to prescribe the location or routing of any pipeline facility. Pipeline facilities shall not include any facilities subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act of the United States or the Interstate Commerce Commission under the Interstate Commerce Act.
Source
Laws 1969, c. 763, § 1, p. 2884;
Laws 1993, LB 121, § 527.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-543 - State Fire Marshal; safety standards for transportation of gas and operation of pipeline facilities; adopt waiver of compliance; conditions.

81-543.
State Fire Marshal; safety standards for transportation of gas and operation of pipeline facilities; adopt waiver of compliance; conditions.
(1) After June 12, 1969, and from time to time thereafter, and pursuant to the Administrative Procedure Act, the State Fire Marshal shall, by order, establish minimum safety standards for the transportation of gas and pipeline facilities. Such standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement and maintenance of pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence on the date such standards are adopted. Such safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing such standards, the State Fire Marshal shall consider:
(a) Relevant available pipeline safety data;
(b) Whether such standards are appropriate for the particular type of pipeline transportation;
(c) The reasonableness of any proposed standards;
(d) The extent to which any such standards will contribute to public safety; and
(e) The existing standards established by the United States Secretary of Transportation pursuant to the Natural Gas Pipeline Safety Act of 1968 of the United States and the Interstate Commerce Act.
(2) Any standards prescribed under this section, and amendments thereto, shall become effective thirty days after the date of issuance of such standards unless the State Fire Marshal, for good cause recited, determines an earlier or later effective date is required as the result of the period reasonably necessary for compliance.
(3) The State Fire Marshal shall afford interested persons an opportunity to participate fully in the establishment of such safety standards through submission of written data, views, or arguments with opportunity to present oral testimony and argument.
(4) Whenever the State Fire Marshal shall find a particular facility to be hazardous to life or property he shall be empowered to require the person operating such facility to take such steps necessary to remove such hazards.
(5) Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, the State Fire Marshal may, after notice and opportunity for hearing and under such terms and conditions and to such extent as he deems appropriate, waive in whole or in part compliance with any standards established under sections 81-503, 81-505, 81-525, and 81-542 to 81-552, if he determines that a waiver of compliance with such standard is not inconsistent with gas pipeline safety. The State Fire Marshal shall state his reasons for any such waiver.
Source
Laws 1969, c. 763, § 2, p. 2886.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-544 - State Fire Marshal; certifications and reports to the United States Secretary of Transportation.

81-544.
State Fire Marshal; certifications and reports to the United States Secretary of Transportation.
The State Fire Marshal is authorized to make such certifications and reports to the United States Secretary of Transportation as may be required from time to time under the Natural Gas Pipeline Safety Act of 1968 of the United States.
Source
Laws 1969, c. 763, § 3, p. 2887.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-545 - Transportation of gas; operation of pipeline facilities; safety standards; requirements.

81-545.
Transportation of gas; operation of pipeline facilities; safety standards; requirements.
(1) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall (a) at all times after the date any applicable safety standard established under sections 81-503, 81-505, 81-525, and 81-542 to 81-552 takes effect comply with the requirements of such standard; (b) file and comply with a plan of inspection and maintenance required by section 81-548; and (c) permit access to or copying of records, and make reports or provide information, and permit entry or inspection, as required under section 81-549.
(2) Nothing in sections 81-503, 81-505, 81-525, and 81-542 to 81-552 shall affect the common-law or statutory tort liability of any person.
Source
Laws 1969, c. 763, § 4, p. 2887.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-546 - Transportation of gas; operation of pipeline facilities; violations; notice; failure to comply; penalty; considerations.

81-546.
Transportation of gas; operation of pipeline facilities; violations; notice; failure to comply; penalty; considerations.
(1) Whenever the State Fire Marshal has reason to believe any person is violating any provision of subsection (1) of section 81-545 or any regulation under the Nebraska Natural Gas Pipeline Safety Act of 1969, the State Fire Marshal shall give notice to such person and permit such person reasonable opportunity to achieve compliance. If compliance has not been achieved in a reasonable time, the State Fire Marshal may request the Attorney General to bring an action under section 81-547 in the district court for the county in which the defendant's principal place of business is located, and the district court may impose a civil penalty of not to exceed ten thousand dollars for each violation for each day that such violation persists, except that the maximum civil penalty shall not exceed five hundred thousand dollars for any related series of violations.
(2) In determining the amount of such penalty, the court shall consider the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged. The amount of such penalty, when finally determined, may be deducted from any sums owing by the State of Nebraska to the person charged.
Source
Laws 1969, c. 763, § 5, p. 2887;
Laws 1993, LB 49, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-547 - Transportation of gas; operation of pipeline facilities; violations; district court; jurisdiction.

81-547.
Transportation of gas; operation of pipeline facilities; violations; district court; jurisdiction.
(1) The district courts shall have jurisdiction to restrain violations of sections 81-503, 81-505, 81-525, and 81-542 to 81-552, including the restraint of transportation of gas or the operation of a pipeline facility, or to enforce standards established hereunder upon petition by the Attorney General on behalf of the State of Nebraska. Whenever practicable, the State Fire Marshal shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him reasonable opportunity to achieve compliance. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.
(2) Actions under subsection (1) of this section and section 81-546 shall be brought in the county in the State of Nebraska in which the defendant's principal place of business is located, and process in such cases may be served in any other county in the State of Nebraska where the defendant may be found or in which the defendant is an inhabitant or transacts business.
Source
Laws 1969, c. 763, § 6, p. 2888.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-548 - Transportation of gas; operation of pipeline facilities; plan for inspection and maintenance; file with State Fire Marshal; adequacy of plan.

81-548.
Transportation of gas; operation of pipeline facilities; plan for inspection and maintenance; file with State Fire Marshal; adequacy of plan.
Each person who engages in the transportation of gas or who owns or operates pipeline facilities subject to sections 81-503, 81-505, 81-525, and 81-542 to 81-552 shall file with the State Fire Marshal a plan for inspection and maintenance of each such pipeline facility owned or operated by such person, and any changes in such plan, in accordance with the regulations prescribed by the State Fire Marshal. If at any time the State Fire Marshal finds that such plan is inadequate to achieve safe operation, he shall, after notice and opportunity for a hearing, require such plan to be revised. The plan required by the State Fire Marshal shall be practicable and designed to meet the need for pipeline safety. In determining the adequacy of any such plan, the State Fire Marshal shall consider:
(1) Relevant available pipeline safety data;
(2) Whether the plan is appropriate for the particular type of pipeline transportation;
(3) The reasonableness of the plan; and
(4) The extent to which such plan will contribute to public safety.
Source
Laws 1969, c. 763, § 7, p. 2888.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-549 - Transportation of gas; operation of pipeline facilities; records; reports; inspection; State Fire Marshal; duties; confidential information.

81-549.
Transportation of gas; operation of pipeline facilities; records; reports; inspection; State Fire Marshal; duties; confidential information.
(1) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall establish and maintain such records, make such reports, and provide such information as the State Fire Marshal may reasonably require to enable him or her to determine whether such person has acted or is acting in compliance with the Nebraska Natural Gas Pipeline Safety Act of 1969 and the standards established under the act. Each such person shall, upon request of an officer, employee, or agent authorized by the State Fire Marshal, permit such officer, employee, or agent to inspect books, papers, records, and documents relevant to determining whether such person has acted or is acting in compliance with the act and the standards established pursuant to the act. For purposes of enforcement, officers, employees, or agents authorized by the State Fire Marshal, upon presenting appropriate credentials to the individual in charge, are authorized (a) to enter upon, at reasonable times, pipeline facilities and (b) to inspect, at reasonable times and within reasonable limits and in a reasonable manner, such facilities. Each such inspection shall be commenced and completed with reasonable promptness.
(2) In the course of the exercise of his or her duties and responsibilities under the act, the State Fire Marshal shall wherever practicable employ a practice of spot checking and issuance of certificates of compliance, with respect to persons subject to the act, to limit costs of enforcement of the safety standards established pursuant to section 81-543.
(3) All information reported to or otherwise obtained by the State Fire Marshal or his or her representative pursuant to subsection (1) of this section, which information contains or relates to a trade secret as referred to in 18 U.S.C. 1905 or otherwise constitutes a trade secret under law, shall be considered confidential for the purpose of such laws, except that such information may be disclosed to other officers or employees concerned with carrying out the act or when relevant in any proceeding under the act.
Source
Laws 1969, c. 763, § 8, p. 2889;
Laws 1992, LB 858, § 1.