reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-550 - Nebraska Natural Gas Pipeline Safety Cash Fund; created; use; investment; assessments.

81-550.
Nebraska Natural Gas Pipeline Safety Cash Fund; created; use; investment; assessments.
(1) The Nebraska Natural Gas Pipeline Safety Cash Fund is created. The fund shall consist of money received from assessments pursuant to this section which shall be remitted to the State Treasurer for credit to the fund. Transfers may be made from the fund to the General Fund at the direction of the Legislature through June 30, 2010. The Nebraska Natural Gas Pipeline Safety Cash Fund shall be used for purposes of administering the Nebraska Natural Gas Pipeline Safety Act of 1969. The 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) To defray the cost of administering the Nebraska Natural Gas Pipeline Safety Act of 1969, the State Fire Marshal shall on March 1 of each year make an assessment against persons having pipeline facilities in this state subject to the act, which assessment shall be paid within thirty days thereafter.
(3) The assessment against each such person shall be based on the number of meters such person has in service for the retail sale of gas in this state at the end of the calendar year next preceding such assessment. The amount of such assessment shall be set by the State Fire Marshal in an amount not to exceed twenty cents multiplied by the number of such meters for each such person.
(4) It shall be the duty of the State Fire Marshal to make timely application each year to the United States Government for the maximum funds to which this state may be entitled from the United States Government for the administration of the act.
Source
Laws 1969, c. 763, § 9, p. 2890;
Laws 1977, LB 410, § 1;
Laws 1983, LB 383, § 1;
Laws 1992, LB 858, § 2;
Laws 2004, LB 1091, § 16;
Laws 2009, First Spec. Sess., LB3, § 66.
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 › 81-551 - State Fire Marshal; duties; powers.

81-551.
State Fire Marshal; duties; powers.
The duties and powers of the State Fire Marshal and of his or her deputies and assistants prescribed in sections 81-509 to 81-523, 81-526, 81-527, 81-531, 81-538, and 81-5,151 to 81-5,157 and the Petroleum Products and Hazardous Substances Storage and Handling Act shall not be applicable to the Nebraska Natural Gas Pipeline Safety Act of 1969.
Source
Laws 1969, c. 763, § 13, p. 2892;
Laws 1986, LB 217, § 14;
Laws 1988, LB 893, § 17;
Laws 1993, LB 348, § 85;
Laws 2021, LB37, § 5.
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 › 81-5,116 - Definitions; sections found.

81-5,116.
Definitions; sections found.
For purposes of sections 81-5,115 to 81-5,131, unless the context otherwise requires, the definitions found in sections 81-5,117 to 81-5,120 shall be used.
Source
Laws 1979, LB 301, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,117 - Authorized agency, defined.

81-5,117.
Authorized agency, defined.
Authorized agency shall mean:
(1) The State Fire Marshal or any local fire department investigation division when authorized or charged with the investigation of fires or explosions at the place where the fire or explosion actually took place;
(2) The colonel of the Nebraska State Patrol;
(3) The county attorney responsible for prosecutions in the county where the fire or explosion occurred; and
(4) A local law enforcement agency in the county where the fire or explosion occurred.
Source
Laws 1979, LB 301, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,118 - Relevant, defined.

81-5,118.
Relevant, defined.
Relevant shall mean information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
Source
Laws 1979, LB 301, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,120 - Immune, defined.

81-5,120.
Immune, defined.
Immune shall mean that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to sections 81-5,115 to 81-5,131 when actual malice on the part of an insurance company or authorized agency against the insured is not present.
Source
Laws 1979, LB 301, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,121 - Authorized agency; fire or explosion loss; access to information.

81-5,121.
Authorized agency; fire or explosion loss; access to information.
Any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency any or all relevant information or evidence deemed important to the authorized agency which the company may have in its possession relating to the fire loss or explosion loss in question. Authorized agency for the purpose of this section shall mean, in addition to agencies included under section 81-5,117, the Federal Bureau of Investigation, any other federal agency, and the United States Attorney's office when authorized or charged with investigation or prosecution of a fire or explosion.
Source
Laws 1979, LB 301, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,122 - Fire or explosion loss; request for information; subject matter.

81-5,122.
Fire or explosion loss; request for information; subject matter.
The request for information under section 81-5,121 may include, but shall not be limited to:
(1) Pertinent insurance policy information relevant to a fire loss or explosion loss under investigation and any application for such a policy;
(2) Policy premium payment records which are available;
(3) History of previous claims made by the insured; and
(4) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.
Source
Laws 1979, LB 301, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,123 - Fire or explosion loss; investigation; when.

81-5,123.
Fire or explosion loss; investigation; when.
When an insurance company has reason to believe that a fire loss or explosion loss in which it has an interest may be of other than accidental cause, the company shall, in writing, notify the State Fire Marshal or any local fire department investigation division and request an investigation. The company shall provide the State Fire Marshal or any local fire department investigation division with any or all material developed from the company's inquiry into the fire loss or explosion loss. If an insurance company provides the State Fire Marshal or any local fire department investigation division with notice of a fire loss or explosion loss, such notice shall be sufficient for the purpose of sections 81-5,115 to 81-5,131.
Source
Laws 1979, LB 301, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,124 - Authorized agency; information; release; to whom.

81-5,124.
Authorized agency; information; release; to whom.
The authorized agency provided with information pursuant to section 81-5,121 or 81-5,123 and in furtherance of its own purposes may release or provide such information to any of the other authorized agencies.
Source
Laws 1979, LB 301, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,125 - Insurance company; request for information; effect.

81-5,125.
Insurance company; request for information; effect.
Any insurance company providing information to an authorized agency or agencies pursuant to section 81-5,121 or 81-5,123 shall have the right to request relevant information and receive, within a reasonable time not to exceed thirty days, the information requested.
Source
Laws 1979, LB 301, § 11.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,126 - Insurance company; release of information; immune from liability.

81-5,126.
Insurance company; release of information; immune from liability.
Any insurance company, a person acting in its behalf, or an authorized agency releasing information, whether oral or written, pursuant to section 81-5,121 or 81-5,123 shall be immune from any liability arising out of a civil action or penalty resulting from a criminal prosecution.
Source
Laws 1979, LB 301, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,127 - Authorized agency; insurance company; information; confidentiality; testimony.

81-5,127.
Authorized agency; insurance company; information; confidentiality; testimony.
(1) Any authorized agency or insurance company which receives any information, furnished pursuant to sections 81-5,115 to 81-5,131, shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding.
(2) Any authorized agency or its personnel may be required to testify in any litigation in which the insurance company at interest is named as a party.
Source
Laws 1979, LB 301, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,128 - Information; refusal to release; prohibited.

81-5,128.
Information; refusal to release; prohibited.
No person or agency shall intentionally or knowingly refuse to release any information requested pursuant to section 81-5,121 or 81-5,124.
Source
Laws 1979, LB 301, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,129 - Relevant information; refusal to provide; prohibited.

81-5,129.
Relevant information; refusal to provide; prohibited.
No person shall intentionally or knowingly refuse to provide authorized agencies relevant information pursuant to section 81-5,123.
Source
Laws 1979, LB 301, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,132 - Definitions, sections found.

81-5,132.
Definitions, sections found.
As used in sections 81-5,132 to 81-5,146, unless the context otherwise requires, the definitions found in sections 81-5,133 to 81-5,139 shall apply.
Source
Laws 1981, LB 296, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,133 - Apartment house, defined.

81-5,133.
Apartment house, defined.
Apartment house shall mean any building which is occupied as the home or residence of three or more families or persons living independently of each other and doing their own cooking in the building, and such term shall include buildings containing three or more apartments.
Source
Laws 1981, LB 296, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,134 - Dwelling, defined.

81-5,134.
Dwelling, defined.
Dwelling shall mean any building which is not an apartment house, lodging house, hotel, or mobile home and which contains one or two dwelling units which are, or are intended or designed to be, occupied for living purposes.
Source
Laws 1981, LB 296, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,135 - Dwelling unit, defined.

81-5,135.
Dwelling unit, defined.
Dwelling unit shall mean a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, or a single unit used by one or more persons for sleeping and sanitation pursuant to a work practice or labor agreement.
Source
Laws 1981, LB 296, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,138 - Mobile home, defined.

81-5,138.
Mobile home, defined.
Mobile home shall mean every transportable or relocatable device of any description containing complete independent living facilities for one or more persons whether or not permanently attached to the real estate upon which it is situated and shall include a manufactured home as defined in section 71-4603.
Source
Laws 1981, LB 296, § 7;
Laws 1985, LB 313, § 27.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,140 - Certain mobile homes and modular housing units; exemption.

81-5,140.
Certain mobile homes and modular housing units; exemption.
Notwithstanding any other provision of sections 81-5,132 to 81-5,146, mobile homes constructed after September 27, 1975, and modular housing units constructed pursuant to sections 71-1555 to 71-1567 after January 10, 1977, shall be exempt from the requirements of sections 81-5,132 to 81-5,146.
Source
Laws 1981, LB 296, § 9;
Laws 1985, LB 313, § 28.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,141 - Adopt rules and regulations; administration of law; investigate violations.

81-5,141.
Adopt rules and regulations; administration of law; investigate violations.
The State Fire Marshal shall adopt and promulgate rules and regulations for the administration of sections 81-5,132 to 81-5,146, including the placement of smoke detectors in dwellings, apartment houses, hotels, lodging houses, dormitories, and mobile homes. The rules and regulations shall take into account designs of the guest rooms, dwelling units, dormitories, and mobile homes. The State Fire Marshal may consider the requirements for smoke detectors developed by any national testing laboratory in adopting such rules and regulations. The State Fire Marshal shall administer the provisions of sections 81-5,132 to 81-5,146 and may delegate such responsibility to his or her authorized representative or the appropriate official charged with the duty of providing fire protection services within the local jurisdiction. The State Fire Marshal or his or her representative or the appropriate official may investigate any alleged violation of sections 81-5,132 to 81-5,146 and shall report such investigative findings to the county attorney who shall proceed to enforce the provisions of sections 81-5,132 to 81-5,146.
Source
Laws 1981, LB 296, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,142 - Smoke detectors; installation required; when.

81-5,142.
Smoke detectors; installation required; when.
(1) Every dwelling unit within a dwelling or apartment house constructed or remodeled on or after January 1, 1982, every guest room in a lodging house or hotel constructed or remodeled on or after January 1, 1982, and every dormitory constructed or remodeled on or after January 1, 1982, shall be provided with one or more operating smoke detectors meeting the requirements of the State Fire Marshal's rules and regulations.
(2) Every guest room in a lodging house or hotel constructed prior to January 1, 1982, and every dormitory constructed prior to January 1, 1982, shall be provided with one or more operating smoke detectors meeting the requirements of the State Fire Marshal's rules and regulations on or before January 1, 1984.
(3) Every (a) dwelling unit within a dwelling or apartment house constructed prior to January 1, 1982, (b) mobile home, and (c) modular housing unit constructed pursuant to sections 71-1555 to 71-1567 shall be provided with one or more operating smoke detectors meeting the requirements of the State Fire Marshal's rules and regulations at the time of their remodeling or sale. In the event of a sale, the provision of smoke detectors shall be the sole responsibility of the seller, which responsibility shall not be assigned or imputed to any other party or the agent of any party to the sale.
Source
Laws 1981, LB 296, § 11;
Laws 1985, LB 313, § 29.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,143 - Smoke detector; number; location; operation.

81-5,143.
Smoke detector; number; location; operation.
The detector shall be mounted in accordance with the rules and regulations regarding the number and location of smoke detectors adopted by the State Fire Marshal. When activated, the detector shall provide an alarm in the dwelling unit, guest room, dormitory, or mobile home.
Source
Laws 1981, LB 296, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,144 - Smoke detector; rental property; responsibility for installing, maintaining, and testing; procedure.

81-5,144.
Smoke detector; rental property; responsibility for installing, maintaining, and testing; procedure.
(1) Except as provided in subsection (2) of this section, the owner of every apartment house, dwelling, hotel, lodging house, dormitory, or mobile home or the owner's authorized agent shall be responsible for supplying, installing, maintaining, and testing the smoke detectors.
(2) In the case of a dwelling unit, guest room, hotel room, or mobile home which is being occupied for one month or more by the same occupant, it shall be the responsibility of such occupant to perform the tests on the smoke detector as are recommended by the manufacturer's instructions and immediately notify, in writing, the owner or authorized agent of any deficiencies. The owner of the dwelling, apartment house, lodging house, hotel, or mobile home shall provide a notice to such occupant containing instructions for the testing of the device. For purposes of this subsection, deficiencies shall not include a worn battery or other replaceable energy unit. The occupant shall be responsible for replacement of the battery or unit, except that such battery or unit shall be in operating condition at the time the occupant takes possession. The owner or authorized agent shall correct any reported deficiencies in the smoke detector and shall not be in violation of sections 81-5,132 to 81-5,146 for a deficient smoke detector when he or she has not received notice of the deficiency.
(3) This section shall apply solely to rental property.
Source
Laws 1981, LB 296, § 13.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,145 - Political subdivisions; smoke detector standards; restrictions.

81-5,145.
Political subdivisions; smoke detector standards; restrictions.
Sections 81-5,132 to 81-5,146 shall prohibit a political subdivision from adopting standards less stringent than those provided in sections 81-5,132 to 81-5,146 and rules and regulations adopted under sections 81-5,132 to 81-5,146, except that, as to buildings constructed on or after January 1, 1982, such political subdivision shall require that smoke detectors be attached to a centralized electrical power source within the building which may be equipped with a battery as an alternate power source. No political subdivision shall require that a smoke detector be attached to a centralized power source within a building constructed prior to January 1, 1982.
Source
Laws 1981, LB 296, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,147 - Buildings and facilities; standards, specifications, and exclusions; adoption.

81-5,147.
Buildings and facilities; standards, specifications, and exclusions; adoption.
The State Fire Marshal shall adopt and promulgate:
(1) Standards, specifications, and exclusions which are consistent with the most current uniform guidelines and standards set by the federal Americans with Disabilities Act of 1990, as amended, for (a) buildings and facilities which are newly constructed for first occupancy and (b) alterations of existing buildings and facilities used by the public. For purposes of this section, alterations of an existing building or facility used by the public shall include remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangements in the plan or configuration of the height of walls or partitions. Normal maintenance, reroofing, painting, wallpapering, asbestos removal, or changes to mechanical and electrical systems shall not be considered alterations; and
(2) Standards and specifications which are consistent with the most current uniform guidelines and standards set by the federal Fair Housing Act of 1968, as adopted by the State of Nebraska, for new constructed covered multifamily dwellings as defined in section 20-319.
Source
Laws 1974, LB 602, § 13;
R.S.1943, (1990), § 72-1122;
Laws 1993, LB 377, § 3;
Laws 1998, LB 1073, § 160;
Laws 2002, LB 93, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,148 - Enforcement of standards and specifications; responsibility; failure to comply; effect.

81-5,148.
Enforcement of standards and specifications; responsibility; failure to comply; effect.
The responsibility for enforcement of the standards and specifications adopted pursuant to section 81-5,147 for (1) buildings and facilities which are newly constructed for first occupancy, (2) alterations of existing buildings and facilities used by the public, and (3) new constructed covered multifamily dwellings as defined in section 20-319 shall lie with the State Fire Marshal or the appropriate officials of the governing bodies of the state government and its political subdivisions responsible for the review and approval of the building plans. Enforcement responsibility includes an appeal process conducted by the enforcing authority for the appeal of any enforcement action or proposed enforcement action. With respect to the enforcement of section 81-5,147 as described in subdivisions (1) and (2) of this section, when plans are being reviewed for both building code and fire code regulations, the officials responsible for building code review shall be responsible for enforcement of section 81-5,147. With respect to the enforcement of section 81-5,147 as described in subdivision (3) of this section, when plans are being reviewed for both building code and fire code regulations, the officials in a city of the metropolitan, primary, or first class shall be responsible for enforcement of section 81-5,147. Officials in a city of the second class or village shall not be responsible for enforcement of section 81-5,147 as described in subdivision (3) of this section if such officials have submitted to the State Fire Marshal a written statement declaring their intent not to assume responsibility for such enforcement. When plans are being reviewed solely for fire code regulations or when the officials responsible for building code review have submitted such a written statement, the State Fire Marshal or his or her designee shall be responsible for enforcement of section 81-5,147. No official of any governing body of the state government or its political subdivisions responsible for such enforcement shall approve or authorize an occupancy permit unless such building, facility, or dwelling complies with the standards and specifications prescribed by such section. Any unauthorized departure from the standards and specifications established by the State Fire Marshal pursuant to such section may be corrected by full compliance with such standards and specifications within one hundred eighty days after discovery of such departure. Failure to correct an unauthorized departure from such standards and specifications shall result in denial or revocation of the occupancy permit for the building, facility, or dwelling.
Source
Laws 1965, c. 430, § 19, p. 1377;
Laws 1974, LB 602, § 10;
Laws 1976, LB 986, § 1;
Laws 1977, LB 473, § 1;
Laws 1988, LB 646, § 1;
R.S.1943, (1990), § 72-1119;
Laws 1993, LB 377, § 4;
Laws 1998, LB 1073, § 161.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,151 - Training division; established; purpose; State Fire Marshal; powers and duties.

81-5,151.
Training division; established; purpose; State Fire Marshal; powers and duties.
The State Fire Marshal shall establish a training division for purposes of operating a statewide training program for fire department personnel, others involved in fire safety training, and other emergency responders that may require specialized training available from the training program for the purposes of developing, maintaining, and updating fire department skills and other skills of those emergency responders requiring specialized training available from the training program. The State Fire Marshal in establishing a training division shall (1) conduct training, (2) certify fire department personnel, (3) give technical assistance to fire departments and other emergency responders requiring specialized training available from the training program, and (4) conduct live fire training. The State Fire Marshal in establishing such training may also give technical assistance to rescue squads and respond to emergencies upon request for technical assistance. Fees for manuals and training shall be collected pursuant to section 81-5,152. Nothing in this section shall require mandatory participation by fire departments, individuals, or others interested in fire safety training or other specialized training available from the training program.
Source
Laws 1980, LB 724, § 2;
R.S.1943, (1987), § 79-1430;
Laws 1993, LB 348, § 86.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,152 - Training program; fees.

81-5,152.
Training program; fees.
The training program as set out in section 81-5,151 for volunteer fire departments and career fire departments shall be free, except that the State Fire Marshal may charge for such books and materials given to the students, testing, or specialized courses.
The State Fire Marshal may charge a fee for providing to private fire departments training, books, materials, testing, or specialized courses.
The State Fire Marshal shall charge a fee for providing to industrial fire brigades training, books, materials, testing, and specialized courses.
Source
Laws 1993, LB 348, § 87.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,153 - Training Division Cash Fund; created; use; investment.

81-5,153.
Training Division Cash Fund; created; use; investment.
The Training Division Cash Fund is created. Money collected pursuant to section 81-5,152 shall be remitted to the State Treasurer for credit to the fund. The fund shall be used for the purpose of administering the training program established pursuant to sections 81-5,151 to 81-5,157, except that transfers may be made from the fund to the General Fund at the direction of the Legislature. The Training Division 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.
Source
Laws 1980, LB 724, § 3;
R.S.1943, (1987), § 79-1431;
Laws 1993, LB 348, § 88;
Laws 2004, LB 1091, § 17;
Laws 2007, LB322, § 25;
Laws 2009, First Spec. Sess., LB3, § 67.
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 › 81-5,157 - Fire Service and Safety Training Program; transfer to State Fire Marshal; personnel, records, and other property; transfer.

81-5,157.
Fire Service and Safety Training Program; transfer to State Fire Marshal; personnel, records, and other property; transfer.
The Fire Service and Safety Training Program is hereby transferred to the State Fire Marshal. All personnel of the program in the State Department of Education who manage, teach, are office personnel, or are involved in the running of the program shall be transferred to the office of the State Fire Marshal on July 1, 1993.
All furniture, equipment, books, files, records, leases, and other property used by the Nebraska Fire Service shall be transferred and delivered to the State Fire Marshal on July 1, 1993.
Source
Laws 1993, LB 348, § 92.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,158 - Terms, defined.

81-5,158.
Terms, defined.
For purposes of sections 81-5,158 to 81-5,164:
(1) Responsible managing employee means an individual employed full time by the water-based fire protection system contractor who (a) is currently certified by the National Institute for Certification in Engineering Technologies at level III or IV in fire protection engineering technology, automatic sprinkler system layout, or another nationally recognized certification in automatic sprinkler system layout recognized by the State Fire Marshal, (b) has completed and passed an examination administered by the State Fire Marshal, and (c) is an owner, partner, or officer or in a management position of a contractor;
(2) Water-based fire protection system means a system of overhead piping: (a) Designed in accordance with fire protection engineering standards, usually activated by heat from a fire and which, when activated, discharges water over a fire area; (b) supplied from an acceptable water supply; (c) which is specially sized or hydraulically designed and installed in a building, structure, or fire area to which fire sprinklers are connected; and (d) which includes a controlling valve and usually a device for actuating an alarm when the system is in operation. Only the portion of the water-based fire protection system which is separate from the domestic water system is considered the water-based fire protection system. Water-based fire protection systems include wet-pipe systems, dry-pipe systems, foam-water systems, pre-action systems, deluge systems, combined dry-pipe and pre-action systems, standpipe systems, combined standpipe and sprinkler systems, water-spray fixed systems, fire pumps, fire protection water storage tanks, antifreeze systems, and circulating closed-loop systems; and
(3) Water-based fire protection system contractor means a person engaged in the business of installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems, but does not include (a) individuals employed by and working under the direction of a contractor or (b) local building officials, fire inspectors, or insurance inspectors when acting in their official capacity.
Source
Laws 1997, LB 636, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,159 - Contractor certificate; required; application; fee; examination; renewal; responsible managing employee.

81-5,159.
Contractor certificate; required; application; fee; examination; renewal; responsible managing employee.
(1) Any water-based fire protection system contractor who installs, repairs, alters, adds to, maintains, or inspects water-based fire protection systems in this state shall first obtain a contractor certificate.
(2) A water-based fire protection system contractor may apply to the State Fire Marshal for a contractor certificate. The application shall be made on a form prescribed by the State Fire Marshal and shall include a certificate fee of up to one hundred dollars. Each applicant must designate a responsible managing employee on the application, and this individual's name shall appear on the certificate with that of the water-based fire protection system contractor upon issuance. Proof of insurance required by section 81-5,160 shall also accompany the application.
(3) Upon receipt of a complete application, proof of insurance, and certificate fee, the State Fire Marshal shall schedule a time for an examination of the responsible managing employee to demonstrate that he or she is familiar with the procedures and rules of the State Fire Marshal relating to water-based fire protection systems. If the responsible managing employee passes the examination, the State Fire Marshal shall issue the certificate to the water-based fire protection system contractor within thirty days.
(4) A certificate shall expire on September 30 of the year following issuance. An application for renewal shall be filed at least thirty days prior to expiration and shall be accompanied by a renewal fee of up to one hundred dollars and a sworn affidavit that the responsible managing employee is currently employed by the water-based fire protection system contractor. A water-based fire protection system contractor who fails to apply for renewal within the time stated in this subsection must make a new application for a certificate.
(5) A responsible managing employee may only act as such for one water-based fire protection system contractor at a time. When a responsible managing employee terminates his or her association with a water-based fire protection system contractor, the water-based fire protection system contractor shall notify the State Fire Marshal within thirty days after termination. The responsible managing employee shall not be designated as the responsible managing employee for more than two water-based fire protection system contractors in any twelve-month period. The State Fire Marshal shall revoke the certificate of a water-based fire protection system contractor whose responsible managing employee has terminated his or her association with the water-based fire protection system contractor unless an application designating a new responsible managing employee is filed within six months after termination or prior to expiration of the current certificate, whichever is earlier.
Source
Laws 1997, LB 636, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,160 - Contractor; insurance required.

81-5,160.
Contractor; insurance required.
A water-based fire protection system contractor shall maintain general and completed operations liability insurance for installation, inspection, and testing of water-based fire protection systems providing at least one million dollars of coverage.
Source
Laws 1997, LB 636, § 3.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,161 - Sections; how construed.

81-5,161.
Sections; how construed.
Sections 81-5,158 to 81-5,164 shall not be construed to:
(1) Relieve any person from payment of local license or permit fees;
(2) Limit the power of the state or political subdivisions to regulate the quality and character of work performed by water-based fire protection system contractors through a system of permits, fees, and inspections which are designed to assure compliance with, and aid in the implementation of, state and local building laws or to enforce other local laws for the protection of the public health and safety; or
(3) Limit the power of the state or political subdivisions to adopt any system of permits requiring submission to and approval by the state or political subdivision of plans and specifications for work to be performed by water-based fire protection system contractors before commencement of the work.
Source
Laws 1997, LB 636, § 4.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,162 - Fees; penalties; distribution.

81-5,162.
Fees; penalties; distribution.
Any money collected under sections 81-5,158 to 81-5,160 shall be remitted to the State Treasurer for credit to the State Fire Marshal Cash Fund. Any civil penalties collected under section 81-5,163 shall be remitted to the State Treasurer for credit to the permanent school fund.
Source
Laws 1997, LB 636, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,163 - Violation; penalties.

81-5,163.
Violation; penalties.
Any violation of sections 81-5,158 to 81-5,162 is a Class V misdemeanor. In addition, the State Fire Marshal may impose a civil penalty of up to two hundred fifty dollars for each day a violation continues. Any violation shall also constitute grounds for revocation of a contractor certificate.
Source
Laws 1997, LB 636, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,165 - Act, how cited.

81-5,165.
Act, how cited.
Sections 81-5,165 to 81-5,189 shall be known and may be cited as the Boiler Inspection Act.
Source
Laws 1987, LB 462, § 1;
Laws 1988, LB 863, § 1;
Laws 1995, LB 438, § 1;
R.S.1943, (2010), § 48-719;
Laws 2019, LB301, § 1.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,166 - Terms, defined.

81-5,166.
Terms, defined.
As used in the Boiler Inspection Act, unless the context otherwise requires:
(1) Authorized inspection agency means an authorized inspection agency as defined in NB-369, National Board Qualifications and Duties for Authorized Inspection Agencies (AIAs) Performing Inservice Inspection Activities and Qualifications for Inspectors of Boilers and Pressure Vessels;
(2) Board means the Boiler Safety Code Advisory Board; and
(3) Boiler means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam or vapor is superheated, or any combination thereof, under pressure, for internal or external use to itself, by the direct application of heat and an unfired pressure vessel in which the pressure is obtained from an external source or by the application of heat from a direct source. Boiler includes a fired unit for heating or vaporizing liquids other than water only when such unit is separate from processing systems and complete within itself.
Source
Laws 1987, LB 462, § 2;
Laws 1988, LB 863, § 2;
Laws 1997, LB 641, § 1;
Laws 2007, LB226, § 1;
R.S.1943, (2010), § 48-720;
Laws 2019, LB301, § 2.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,167 - State boiler inspector; deputy inspectors; qualifications; bond or insurance.

81-5,167.
State boiler inspector; deputy inspectors; qualifications; bond or insurance.
(1) The State Fire Marshal shall employ a state boiler inspector who shall work under the direct supervision of the State Fire Marshal or his or her designee. The state boiler inspector shall:
(a) Be a practical boilermaker, technical engineer, operating engineer, or boiler inspector;
(b) Hold an "AI" or "IS" Commission from the National Board of Boiler and Pressure Vessel Inspectors;
(c) Be qualified by not less than ten years' experience in the construction, installation, repair, inspection, or operation of boilers, steam generators, and superheaters;
(d) Have a knowledge of the operation and use of boilers, steam generators, and superheaters for the generating of steam for power, heating, or other purposes; and
(e) Neither directly nor indirectly be interested in the manufacture, ownership, or agency of boilers, steam generators, and superheaters.
(2) The State Fire Marshal may hire deputy inspectors as necessary to carry out the Boiler Inspection Act. Deputy inspectors shall hold an "IS" Commission from the National Board of Boiler and Pressure Vessel Inspectors or acquire the same within twelve months of hire. Such deputy inspectors shall otherwise be subject to and governed by the same rules and regulations applicable to and governing the acts and conduct of the state boiler inspector.
(3) Before entering upon his or her duties under the Boiler Inspection Act, the state boiler inspector and each deputy inspector shall be bonded or insured as required by section 11-201.
Source
Laws 1943, c. 112, § 1, p. 392;
R.S.1943, § 48-701;
Laws 1978, LB 653, § 12;
R.S.1943, (1984), § 48-701;
Laws 1987, LB 462, § 3;
Laws 1998, LB 395, § 12;
Laws 1999, LB 66, § 1;
Laws 2004, LB 884, § 23;
Laws 2017, LB264, § 1;
R.S.Supp.,2018, § 48-721;
Laws 2019, LB301, § 3;
Laws 2021, LB37, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,169 - State Fire Marshal and boiler inspectors; right of entry.

81-5,169.
State Fire Marshal and boiler inspectors; right of entry.
The State Fire Marshal and the boiler inspectors shall have the right and power to enter any building or structure, public or private, for the purpose of inspecting any boilers required to be inspected by the Boiler Inspection Act or gathering information relating to such boilers.
Source
Laws 1943, c. 112, § 2(2), p. 393;
R.S.1943, § 48-703;
R.S.1943, (1984), § 48-703;
Laws 1987, LB 462, § 5;
Laws 1995, LB 438, § 3;
R.S.1943, (2010), § 48-723;
Laws 2019, LB301, § 5.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,170 - Certificate of inspection; certificate of registration; fees.

81-5,170.
Certificate of inspection; certificate of registration; fees.
(1) Upon making an inspection of any boilers required to be inspected by the Boiler Inspection Act and upon receipt of the inspection fee and certificate fee or registration fee, the boiler inspector shall give to the owner or user of the boilers a certificate of inspection or certificate of registration upon forms prescribed by the State Fire Marshal. The certificate shall be posted in a place near the location of such boiler.
(2) The State Fire Marshal shall establish the amount of the inspection fee, certificate fee, and registration fee by rule or regulation at the level necessary to meet the costs of administering the act.
Source
Laws 1943, c. 112, § 2(3), p. 393;
R.S.1943, § 48-704;
Laws 1965, c. 288, § 1, p. 824;
Laws 1980, LB 959, § 1;
R.S.1943, (1984), § 48-704;
Laws 1987, LB 462, § 6;
Laws 1995, LB 438, § 4;
Laws 1996, LB 1047, § 2;
Laws 1998, LB 395, § 14;
R.S.1943, (2010), § 48-724;
Laws 2019, LB301, § 6.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,171 - Excessive pressure prohibited.

81-5,171.
Excessive pressure prohibited.
The owner, user, or person or persons in charge of any boiler required to be inspected by the Boiler Inspection Act shall not allow or permit a greater pressure in any unit than is stated in the certificate of inspection issued by the inspector.
Source
Laws 1943, c. 112, § 2(4), p. 393;
R.S.1943, § 48-705;
R.S.1943, (1984), § 48-705;
Laws 1987, LB 462, § 7;
Laws 1995, LB 438, § 5;
R.S.1943, (2010), § 48-725;
Laws 2019, LB301, § 7.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,172 - Boilers and vessels to which act does not apply.

81-5,172.
Boilers and vessels to which act does not apply.
The Boiler Inspection Act shall not apply to:
(1) Boilers of railway locomotives subject to federal inspection;
(2) Boilers operated and regularly inspected by railway companies operating in interstate commerce;
(3) Boilers under the jurisdiction and subject to regular periodic inspection by the United States Government;
(4) Boilers used exclusively for agricultural purposes;
(5) Steam heating boilers in single-family residences and apartment houses with four or less units using a pressure of less than fifteen pounds per square inch and having a safety valve set at not higher than fifteen pounds pressure per square inch;
(6) Heating boilers using water in single-family residences and apartment houses with four or less units using a pressure of less than thirty pounds per square inch and having a safety valve set at not higher than thirty pounds pressure per square inch;
(7) Fire engine boilers brought into the state for temporary use in times of emergency;
(8) Boilers of a miniature model locomotive or boat or tractor or stationary engine constructed and maintained as a hobby and not for commercial use and having a diameter of less than ten inches inside diameter and a grate area not in excess of one and one-half square feet and that are properly equipped with a safety valve;
(9) Hot water supply boilers if none of the following limitations is exceeded: (a) Two hundred thousand British thermal units of input; (b) one hundred twenty gallons of nominal capacity; or (c) two hundred ten degrees Fahrenheit output;
(10) Unfired pressure vessels not exceeding (a) five cubic feet in volume or (b) a pressure of two hundred fifty pounds per square inch;
(11) Unfired pressure vessels owned and maintained by a district or corporation organized under the provisions of Chapter 70, article 6; and
(12) Unfired pressure vessels (a) not exceeding a maximum allowable working pressure of five hundred pounds per square inch, (b) that contain carbon dioxide, helium, oxygen, nitrogen, argon, hydrofluorocarbon refrigerant, or any other nonflammable gas determined by the State Fire Marshal not to be a risk to the public, (c) that are manufactured and repaired in accordance with applicable American Society of Mechanical Engineers standards, and (d) that are installed in accordance with the manufacturer's specifications.
Source
Laws 1943, c. 112, § 3, p. 393;
R.S.1943, § 48-706;
Laws 1965, c. 288, § 2, p. 825;
Laws 1969, c. 406, § 1, p. 1404;
R.S.1943, (1984), § 48-706;
Laws 1987, LB 462, § 8;
Laws 1995, LB 438, § 6;
Laws 1997, LB 641, § 3;
Laws 1998, LB 395, § 15;
Laws 1999, LB 66, § 3;
Laws 2005, LB 122, § 1;
R.S.1943, (2010), § 48-726;
Laws 2019, LB301, § 8.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,173 - State Fire Marshal; adopt rules and regulations; adopt schedule of fees; incorporation of codes.

81-5,173.
State Fire Marshal; adopt rules and regulations; adopt schedule of fees; incorporation of codes.
The State Fire Marshal may adopt and promulgate rules and regulations for the purpose of effectuating the Boiler Inspection Act, including rules and regulations for the methods of testing equipment, the construction and installation of new boilers, and a schedule of inspection and certificate fees for boilers required to be inspected by the act. Such rules and regulations may incorporate by reference any portion of (1) the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, as amended, (2) the National Board Inspection Code, as amended, (3) the American Society of Mechanical Engineers Code for Controls and Safety Devices for Automatically Fired Boilers, as amended, concerning controls and safety devices for automatically fired boilers, (4) the American Petroleum Institute Pressure Vessel Inspection Code API-510, and (5) the National Fire Protection Association pamphlet 85, Boiler and Combustion Systems Hazards Code, including codes referenced in such code. A copy of all rules and regulations adopted and promulgated under the Boiler Inspection Act, including copies of all codes incorporated by reference, shall be kept on file in the office of the State Fire Marshal and shall be known as the Boiler Safety Code.
Source
Laws 1943, c. 112, § 4(1), p. 393;
R.S.1943, § 48-707;
R.S.1943, (1984), § 48-707;
Laws 1987, LB 462, § 9;
Laws 1995, LB 438, § 7;
Laws 1999, LB 66, § 4;
R.S.1943, (2010), § 48-727;
Laws 2019, LB301, § 9.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,174 - Boiler explosion; investigation; report.

81-5,174.
Boiler explosion; investigation; report.
The state boiler inspector shall investigate and report to the State Fire Marshal the cause of any boiler explosion that may occur in the state, the loss of life, the injuries sustained, the estimated loss of property, if any, and such other data as may be of benefit in preventing other similar explosions.
Source
Laws 1943, c. 112, § 4(2), p. 394;
R.S.1943, § 48-708;
R.S.1943, (1984), § 48-708;
Laws 1987, LB 462, § 10;
R.S.1943, (2010), § 48-728;
Laws 2019, LB301, § 10.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,175 - State boiler inspector; record of equipment.

81-5,175.
State boiler inspector; record of equipment.
The state boiler inspector shall keep in the office of the State Fire Marshal a complete and accurate record of the name of the owner or user of any boiler required to be inspected by the Boiler Inspection Act and a full description of the equipment including the type, dimensions, age, condition, amount of pressure allowed, and date when last inspected.
Source
Laws 1943, c. 112, § 4(3), p. 394;
R.S.1943, § 48-709;
R.S.1943, (1984), § 48-709;
Laws 1987, LB 462, § 11;
Laws 1995, LB 438, § 8;
R.S.1943, (2010), § 48-729;
Laws 2019, LB301, § 11.