reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,176 - Equipment; installation; notice to State Fire Marshal; reinspection.

81-5,176.
Equipment; installation; notice to State Fire Marshal; reinspection.
Before any boiler required to be inspected by the Boiler Inspection Act is installed, a ten days' written notice of intention to install the boiler shall be given to the State Fire Marshal, except that the State Fire Marshal may, upon application and good cause shown, waive the ten-day prior notice requirement. The notice shall designate the proposed place of installation, the type and capacity of the boiler, the use to be made of the boiler, the name of the company which manufactured the boiler, and whether the boiler is new or used. A boiler moved from one location to another shall be reinspected prior to being placed back into use.
Source
Laws 1943, c. 112, § 5, p. 394;
R.S.1943, § 48-710;
R.S.1943, (1984), § 48-710;
Laws 1987, LB 462, § 12;
Laws 1995, LB 438, § 9;
Laws 1998, LB 395, § 16;
Laws 2007, LB226, § 3;
R.S.1943, (2010), § 48-730;
Laws 2019, LB301, § 12.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,178 - Defective boiler; notice to user.

81-5,178.
Defective boiler; notice to user.
The state boiler inspector shall notify the user in writing of any boiler found to be unsafe or unfit for operation setting forth the nature and extent of such defects and condition. The notice shall indicate whether or not the boiler may be used without making repair or replacement of defective parts or may be used in a limited capacity before repairs or replacements are made. The state boiler inspector may permit the user a reasonable time to make such repairs or replacements.
Source
Laws 1943, c. 112, § 6(3), p. 395;
R.S.1943, § 48-713;
R.S.1943, (1984), § 48-713;
Laws 1987, LB 462, § 14;
Laws 1995, LB 438, § 11;
R.S.1943, (2010), § 48-732;
Laws 2019, LB301, § 14.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,179 - Boiler; inspection; fees.

81-5,179.
Boiler; inspection; fees.
The owner or user of a boiler required to be inspected under the Boiler Inspection Act or inspected by request of the boiler owner shall pay a fee for such inspection or inspections in accordance with the rules and regulations adopted and promulgated by the State Fire Marshal. Any boiler required to be inspected by the act may be inspected by the state boiler inspector if the owner or his or her agent makes written request to the state boiler inspector. Fees will be imposed as required for services in support of the act in accordance with rules and regulations adopted and promulgated by the State Fire Marshal.
Source
Laws 1943, c. 112, § 7, p. 395;
R.S.1943, § 48-714;
Laws 1963, c. 294, § 1, p. 880;
Laws 1980, LB 959, § 3;
R.S.1943, (1984), § 48-714;
Laws 1987, LB 462, § 15;
Laws 1995, LB 438, § 12;
R.S.1943, (2010), § 48-733;
Laws 2019, LB301, § 15.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,180 - Boiler Inspection Cash Fund; created; use; investment.

81-5,180.
Boiler Inspection Cash Fund; created; use; investment.
The Boiler Inspection Cash Fund is created. The State Fire Marshal shall use the fund for the administration of the boiler inspection program pursuant to the Boiler Inspection Act. The fund shall consist of money appropriated to it by the Legislature and fees collected in the administration of the act. Fees so collected shall be remitted to the State Treasurer with an itemized statement showing the source of collection. The State Treasurer shall credit the fees to the fund and the money in the fund shall not lapse into the General Fund, except that money in the Boiler Inspection Cash Fund may be transferred to the General Fund at the direction of the Legislature. Any money in the Boiler Inspection Cash 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 1995, LB 438, § 13;
Laws 2017, LB331, § 25;
R.S.Supp.,2018, § 48-735.01;
Laws 2019, LB301, § 16.
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 › 81-5,181 - Violation; penalty.

81-5,181.
Violation; penalty.
Any person, persons, corporations, and the directors, managers, superintendents, and officers of such corporations violating the Boiler Inspection Act shall be guilty of a Class III misdemeanor.
Source
Laws 1943, c. 112, § 9, p. 396;
R.S.1943, § 48-716;
Laws 1977, LB 40, § 297;
R.S.1943, (1984), § 48-716;
Laws 1987, LB 462, § 18;
Laws 2007, LB226, § 5;
R.S.1943, (2010), § 48-736;
Laws 2019, LB301, § 17.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,182 - Defective boiler; State Fire Marshal; state boiler inspector; powers.

81-5,182.
Defective boiler; State Fire Marshal; state boiler inspector; powers.
In addition to any and all other remedies, if any owner, user, or person in charge of any boiler required to be inspected by the Boiler Inspection Act continues to use the same after receiving a notice of defect as provided by the act, without first correcting the defects or making replacements, the State Fire Marshal may apply to the district court or any judge thereof by petition in equity, in an action brought in the name of the state, for a writ of injunction to restrain the use of the alleged defective boiler or if the continued operation of the boiler poses serious risk or harm to the general public, the state boiler inspector may take those actions required to immediately shut down and cause to be inoperable any boiler required to be inspected by the act.
Source
Laws 1943, c. 112, § 10, p. 396;
R.S.1943, § 48-717;
R.S.1943, (1984), § 48-717;
Laws 1987, LB 462, § 19;
Laws 1995, LB 438, § 14;
R.S.1943, (2010), § 48-737;
Laws 2019, LB301, § 18.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,183 - Petition for injunction; notice to owner or user; procedure.

81-5,183.
Petition for injunction; notice to owner or user; procedure.
The State Fire Marshal shall notify the owner or user of the equipment in writing of the time and place of hearing of the petition, as fixed by the court or judge, and serve the notice on the defendant at least five days prior to the hearing in the same manner as original notices are served. The general provisions relating to civil practice and procedure, insofar as the same may be applicable, shall govern such proceedings except as otherwise provided in the Boiler Inspection Act. In the event the defendant does not appear or plead to such action, default shall be entered against the defendant. The action shall be tried in equity, and the court or judge shall make such order or decree as the evidence warrants.
Source
Laws 1943, c. 112, § 11, p. 396;
R.S.1943, § 48-718;
R.S.1943, (1984), § 48-718;
Laws 1987, LB 462, § 20;
R.S.1943, (2010), § 48-738;
Laws 2019, LB301, § 19.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,184 - Boiler Safety Code Advisory Board; created; members; terms.

81-5,184.
Boiler Safety Code Advisory Board; created; members; terms.
There is hereby created the Boiler Safety Code Advisory Board. The board shall consist of seven members appointed by the Governor with the approval of the Legislature. Within thirty days after July 9, 1988, the Governor shall appoint three members for terms of two years and four members for terms of four years. Each succeeding member of the board shall be appointed for a term of four years, except that a member appointed to fill a vacancy shall serve for the unexpired term. If the Legislature is not in session when members of the board are appointed, such members shall take office and act as appointees until the next session of the Legislature.
Source
Laws 1988, LB 863, § 3;
R.S.1943, (2010), § 48-739;
Laws 2019, LB301, § 20.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,185 - Board; members; qualifications.

81-5,185.
Board; members; qualifications.
The membership of the board shall consist of one member who represents owners and users of boilers and has experience with boilers, one member who represents sellers of boilers, one member who represents the crafts involved in the construction, repair, or operation of boilers, one member who represents the insurance industry, one member who is a licensed professional engineer with experience with boilers, one member who represents the interest of public safety, and one member who represents the public. The state boiler inspector shall be a nonvoting member of the board.
Source
Laws 1988, LB 863, § 4;
R.S.1943, (2010), § 48-740;
Laws 2019, LB301, § 21.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,186 - Board; meetings; chairperson; quorum.

81-5,186.
Board; meetings; chairperson; quorum.
The members of the board shall conduct an annual meeting in July of each year, or at such other time as the board determines, and shall elect a chairperson from their members at the annual meeting. Other meetings of the board shall be held when called with at least seven days' notice to all members by the chairperson of the board or pursuant to a call signed by four other members. Four members of the board shall constitute a quorum for the transaction of business.
Source
Laws 1988, LB 863, § 5;
Laws 1998, LB 395, § 18;
R.S.1943, (2010), § 48-741;
Laws 2019, LB301, § 22.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,187 - Board member; compensation; expenses.

81-5,187.
Board member; compensation; expenses.
Each board member shall be paid the sum of fifty dollars per day while actually engaged in the business of the board. The members of the board shall be paid their mileage and expenses in attending meetings of the board and carrying out their official duties as provided in sections 81-1174 to 81-1177.
Source
Laws 1988, LB 863, § 6;
R.S.1943, (2010), § 48-742;
Laws 2019, LB301, § 23.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,188 - Board; duties.

81-5,188.
Board; duties.
The board shall hold hearings and advise the State Fire Marshal on rules and regulations for methods of testing equipment and construction and installation of new boilers required to be inspected by the Boiler Inspection Act and for inspection and certificate fees for such boilers.
Source
Laws 1988, LB 863, § 7;
Laws 1995, LB 438, § 15;
R.S.1943, (2010), § 48-743;
Laws 2019, LB301, § 24.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,189 - Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.

81-5,189.
Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.
(1) Effective July 1, 2019, all duties and functions of the Department of Labor under the Boiler Inspection Act shall be transferred to the State Fire Marshal.
(2) On July 1, 2019, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Labor pertaining to the duties and functions transferred to the State Fire Marshal pursuant to this section shall become the property of the State Fire Marshal.
(3) On and after July 1, 2019, whenever the Department of Labor is referred to or designated by any contract or other document in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section, such reference or designation shall apply to the State Fire Marshal. All contracts entered into by the Department of Labor prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal are hereby recognized, with the State Fire Marshal succeeding to all rights and obligations under such contracts.
(4) All rules and regulations of the Department of Labor adopted prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
(5) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2019, or which could have been commenced prior to that date, by or against the Department of Labor, or any employee thereof in such employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the Department of Labor to the State Fire Marshal.
(6) On and after July 1, 2019, positions of employment in the Department of Labor related to the duties and functions transferred pursuant to this section are transferred to the State Fire Marshal. The affected employees shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the State Fire Marshal from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.
Source
Laws 2019, LB301, § 25.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,190 - Act, how cited.

81-5,190.
Act, how cited.
Sections 81-5,190 to 81-5,209 shall be known and may be cited as the Nebraska Amusement Ride Act.
Source
Laws 1987, LB 226, § 1;
Laws 1994, LB 608, § 1;
R.S.1943, (2010), § 48-1801;
Laws 2019, LB301, § 26.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,191 - Terms, defined.

81-5,191.
Terms, defined.
For purposes of the Nebraska Amusement Ride Act, unless the context otherwise requires:
(1) Amusement ride shall mean any mechanical device that carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement, but such term shall not include (a) any single-passenger coin-operated ride that is manually, mechanically, or electrically operated and customarily placed in a public location and that does not normally require the supervision or services of an operator or (b) nonmechanized playground equipment, including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, and physical fitness devices. Bungee jumping is specifically designated as an amusement ride for purposes of the act and shall mean the sport, activity, or other practice of jumping, diving, stepping out, dropping, or otherwise being released into the air while attached to a bungee cord, whereby the cord stretches, stops the fall, lengthens, and shortens allowing the person to bounce up and down, and is intended to finally bring the person to a stop at a point above a surface or the ground;
(2) Bungee cord shall mean a cord made of rubber, latex, or other elastic-type material, whether natural or synthetic;
(3) Operator shall mean a person actually engaged in or directly controlling the operations of an amusement ride;
(4) Owner shall mean a person who owns, leases, controls, or manages the operations of an amusement ride and may include the state or any political subdivision of the state;
(5) Qualified inspector shall mean any person who is (a) found by the State Fire Marshal to possess the requisite training and experience to perform competently the inspections required by the Nebraska Amusement Ride Act and (b) certified by the State Fire Marshal to perform inspections of amusement rides; and
(6) Reverse bungee jumping shall mean the sport, activity, or practice whereby a person is attached to a bungee cord, the bungee cord is stretched down so that such person is on a fixed catapult, launch, or release position, and such person is catapulted or otherwise launched or released into the air from such fixed position, while attached to a bungee cord, whereby the cord stretches, stops the fall, lengthens, and shortens allowing the person to bounce up and down, and is intended to finally bring the person to a stop at a point above a surface or the ground.
Source
Laws 1987, LB 226, § 2;
Laws 1994, LB 608, § 2;
R.S.1943, (2010), § 48-1802;
Laws 2019, LB301, § 27.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,192 - State Fire Marshal; adopt rules and regulations; administer act.

81-5,192.
State Fire Marshal; adopt rules and regulations; administer act.
The State Fire Marshal shall adopt and promulgate rules and regulations (1) for the safe installation, repair, maintenance, use, operation, and inspection of amusement rides as the State Fire Marshal may find necessary for the protection of the general public and (2) necessary to carry out the provisions of the Nebraska Amusement Ride Act. Such rules and regulations shall be of a reasonable nature, based upon generally accepted engineering standards, formulas, and practices, and, insofar as practicable and consistent with the Nebraska Amusement Ride Act, uniform with rules and regulations of other states. Whenever such standards are available in suitable form they may be incorporated by reference by the State Fire Marshal. The State Fire Marshal shall administer and enforce the Nebraska Amusement Ride Act and all rules and regulations adopted and promulgated pursuant to such act. The State Fire Marshal shall coordinate all regulatory and investigative activities with the appropriate state agencies.
Source
Laws 1987, LB 226, § 3;
R.S.1943, (2010), § 48-1803;
Laws 2019, LB301, § 28.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,193 - Amusement ride; permit required; inspection.

81-5,193.
Amusement ride; permit required; inspection.
Except for purposes of testing and inspection, no amusement ride shall be operated without a valid permit for the operation issued by the State Fire Marshal to the owner of such amusement ride. The owner of an amusement ride shall apply for a permit under section 81-5,195 to the State Fire Marshal on an application furnished by the State Fire Marshal and shall include such information as the State Fire Marshal may require. Every amusement ride shall be inspected before it is originally put into operation for public use and at least once every year after such ride is put into operation for public use.
Source
Laws 1987, LB 226, § 4;
R.S.1943, (2010), § 48-1804;
Laws 2019, LB301, § 29.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,194 - Reverse bungee jumping rides; prohibited.

81-5,194.
Reverse bungee jumping rides; prohibited.
No person shall operate a reverse bungee jumping ride in this state.
Source
Laws 1994, LB 608, § 5;
R.S.1943, (2010), § 48-1804.01;
Laws 2019, LB301, § 30.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,195 - Permit; issuance; conditions; fee; waiver of inspection.

81-5,195.
Permit; issuance; conditions; fee; waiver of inspection.
(1) The State Fire Marshal shall issue a permit to operate an amusement ride to the owner of such amusement ride upon presentation by the owner of (a) an application for a permit, (b) a certificate of inspection by a qualified inspector, (c) proof of liability insurance as required in section 81-5,196, and (d) the permit fee. Such permit shall be valid through December 31 of the year in which the inspection is performed.
(2) The State Fire Marshal may waive the requirement of subdivision (1)(b) of this section if the owner of the amusement ride gives satisfactory proof to the State Fire Marshal that such amusement ride has passed an inspection conducted or required by a federal agency, any other state, or a governmental subdivision of this or of any other state which has standards for the inspection of such an amusement ride at least as stringent as those adopted and promulgated pursuant to the Nebraska Amusement Ride Act.
Source
Laws 1987, LB 226, § 5;
Laws 2004, LB 947, § 1;
R.S.1943, (2010), § 48-1805;
Laws 2019, LB301, § 31.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,196 - Liability insurance required.

81-5,196.
Liability insurance required.
No amusement ride shall be operated unless at the time of operation the owner has an insurance policy in effect written by an insurance company authorized to do business in this state insuring the owner and operator against liability for injury to persons arising out of the operation of such amusement ride. Such insurance policy shall be in amounts not less than the minimum amounts established by the State Fire Marshal. Such minimum amounts shall be established with due regard to the protection of the general public and the availability of insurance coverage, but such minimum amounts shall not be less than one million dollars per occurrence and three million dollars aggregate. The State Fire Marshal may require a separate insurance policy from the owner of any equipment used in an amusement ride, subject to the minimums and limitations provided in this section.
Source
Laws 1987, LB 226, § 6;
Laws 1994, LB 608, § 3;
R.S.1943, (2010), § 48-1806;
Laws 2019, LB301, § 32.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,197 - Amusement ride; inspection; suspend permit; when.

81-5,197.
Amusement ride; inspection; suspend permit; when.
The State Fire Marshal may inspect any amusement ride without notice at any time while such amusement ride is operating in this state. The State Fire Marshal may temporarily suspend a permit to operate an amusement ride if it has been determined after inspection to be hazardous or unsafe. An amusement ride shall not be operated while the permit for its operation is suspended. Operation of such an amusement ride shall not resume until the hazardous or unsafe condition is corrected to the satisfaction of the State Fire Marshal.
Source
Laws 1987, LB 226, § 7;
R.S.1943, (2010), § 48-1807;
Laws 2019, LB301, § 33.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,198 - Accident; report; suspend permit; inspection.

81-5,198.
Accident; report; suspend permit; inspection.
The owner of an amusement ride shall send a copy of any accident report required by his or her insurer to the State Fire Marshal. The State Fire Marshal may provide for the suspension of the permit of operation for any amusement ride the breakdown or malfunction of which directly caused serious injury or death of any person. The State Fire Marshal may also require an inspection of any amusement ride, whose operation has resulted in any serious injury or death, before operation of such amusement ride may be resumed.
Source
Laws 1987, LB 226, § 8;
R.S.1943, (2010), § 48-1808;
Laws 2019, LB301, § 34.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,199 - Permit fees.

81-5,199.
Permit fees.
The State Fire Marshal shall establish by rules and regulations a schedule of permit fees not to exceed fifty dollars for each amusement ride. Such permit fees shall be established with due regard for the costs of administering the Nebraska Amusement Ride Act and shall be remitted to the State Treasurer for credit to the Mechanical Safety Inspection Fund.
Source
Laws 1987, LB 226, § 9;
Laws 2007, LB265, § 25;
R.S.1943, (2010), § 48-1809;
Laws 2019, LB301, § 35.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,200 - State Fire Marshal; certify inspectors.

81-5,200.
State Fire Marshal; certify inspectors.
The State Fire Marshal may certify such qualified inspectors as may be necessary to carry out the Nebraska Amusement Ride Act.
Source
Laws 1987, LB 226, § 11;
R.S.1943, (2010), § 48-1811;
Laws 2019, LB301, § 36.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,201 - Inspection fees.

81-5,201.
Inspection fees.
(1) The State Fire Marshal may establish by rules and regulations a schedule of reasonable inspections fees for each amusement ride. The cost of obtaining the certificate of inspection from a qualified inspector shall be borne by the owner of the amusement ride.
(2) A separate schedule of fees shall be established for the inspection of bungee jumping operations, including the inspection of cranes used for bungee jumping. The fees shall be established taking into consideration the cost of such inspections.
Source
Laws 1987, LB 226, § 12;
Laws 1994, LB 608, § 4;
R.S.1943, (2010), § 48-1812;
Laws 2019, LB301, § 37.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,202 - Owner; maintain records.

81-5,202.
Owner; maintain records.
Each owner shall retain at all times up-to-date maintenance and inspection records for each amusement ride as prescribed by the State Fire Marshal. The owner shall make such records available to the State Fire Marshal on request.
Source
Laws 1987, LB 226, § 13;
R.S.1943, (2010), § 48-1813;
Laws 2019, LB301, § 38.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,203 - Owner; provide schedule.

81-5,203.
Owner; provide schedule.
The State Fire Marshal may require the owner of an amusement ride to provide the State Fire Marshal with a tentative schedule of events at which the amusement ride will be operated within this state. The State Fire Marshal shall establish timetables and procedures for providing and updating such schedules.
Source
Laws 1987, LB 226, § 14;
R.S.1943, (2010), § 48-1814;
Laws 2019, LB301, § 39.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,204 - Operator; requirements.

81-5,204.
Operator; requirements.
No person shall operate an amusement ride unless he or she is at least sixteen years of age. An operator shall be in attendance at all times that an amusement ride is in operation.
Source
Laws 1987, LB 226, § 15;
R.S.1943, (2010), § 48-1815;
Laws 2019, LB301, § 40.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,205 - Violation; penalty.

81-5,205.
Violation; penalty.
Any person who knowingly operates or causes to be operated an amusement ride in violation of the Nebraska Amusement Ride Act shall be guilty of a Class II misdemeanor. Each day a violation continues shall constitute a separate offense.
Source
Laws 1987, LB 226, § 16;
R.S.1943, (2010), § 48-1816;
Laws 2019, LB301, § 41.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,206 - Application for injunction.

81-5,206.
Application for injunction.
The Attorney General, acting on behalf of the State Fire Marshal, or the county attorney in a county in which an amusement ride is located or operated may apply to the district court, pursuant to the rules of civil procedure, for an order enjoining operation of any amusement ride operated in violation of the Nebraska Amusement Ride Act.
Source
Laws 1987, LB 226, § 17;
R.S.1943, (2010), § 48-1817;
Laws 2019, LB301, § 42.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,207 - Act, how construed.

81-5,207.
Act, how construed.
The Nebraska Amusement Ride Act shall not be construed to alter the duty of care or the liability of an owner of an amusement ride for injuries or death of any person or damage to any property arising out of an accident involving an amusement ride. The state and its officers and employees shall not be construed to assume liability arising out of an accident involving an amusement ride by reason of administration of the Nebraska Amusement Ride Act.
Source
Laws 1987, LB 226, § 18;
R.S.1943, (2010), § 48-1818;
Laws 2019, LB301, § 43.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,208 - Local safety standards; authorized.

81-5,208.
Local safety standards; authorized.
The governing board of any city, county, or village may establish and enforce safety standards for amusement rides in addition to, but not in conflict with, the standards established by the State Fire Marshal pursuant to the Nebraska Amusement Ride Act.
Source
Laws 1987, LB 226, § 19;
R.S.1943, (2010), § 48-1819;
Laws 2019, LB301, § 44.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,209 - Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.

81-5,209.
Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.
(1) Effective July 1, 2019, all duties and functions of the Department of Labor under the Nebraska Amusement Ride Act shall be transferred to the State Fire Marshal.
(2) On July 1, 2019, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Department of Labor pertaining to the duties and functions transferred to the State Fire Marshal pursuant to this section shall become the property of the State Fire Marshal.
(3) On and after July 1, 2019, whenever the Department of Labor is referred to or designated by any contract or other document in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section, such reference or designation shall apply to the State Fire Marshal. All contracts entered into by the Department of Labor prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal are hereby recognized, with the State Fire Marshal succeeding to all rights and obligations under such contracts.
(4) All rules and regulations of the Department of Labor adopted prior to July 1, 2019, in connection with the duties and functions transferred to the State Fire Marshal pursuant to this section shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.
(5) No suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to July 1, 2019, or which could have been commenced prior to that date, by or against the Department of Labor, or any employee thereof in such employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the Department of Labor to the State Fire Marshal.
(6) On and after July 1, 2019, positions of employment in the Department of Labor related to the duties and functions transferred pursuant to this section are transferred to the State Fire Marshal. The affected employees shall retain their rights under the state personnel system or pertinent bargaining agreement, and their service shall be deemed continuous. This section does not grant employees any new rights or benefits not otherwise provided by law or bargaining agreement or preclude the State Fire Marshal from exercising any of the prerogatives of management set forth in section 81-1311 or as otherwise provided by law. This section is not an amendment to or substitute for the provisions of any existing bargaining agreements.
Source
Laws 2019, LB301, § 45.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,210 - Act, how cited.

81-5,210.
Act, how cited.
Sections 81-5,210 to 81-5,243 shall be known and may be cited as the Conveyance Safety Act.
Source
Laws 2006, LB 489, § 1;
Laws 2007, LB265, § 26;
R.S.1943, (2010), § 48-2501;
Laws 2019, LB301, § 46.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,211 - Terms, defined.

81-5,211.
Terms, defined.
For purposes of the Conveyance Safety Act:
(1) Certificate of inspection means a document issued by the State Fire Marshal that indicates that the conveyance has had the required safety inspection and tests and that the required fees have been paid;
(2) Committee means the Conveyance Advisory Committee;
(3) Conveyance means any elevator, dumbwaiter, vertical reciprocating conveyor, escalator, moving sidewalk, automated people mover, and other equipment enumerated in section 81-5,215 and not exempted under section 81-5,216;
(4) Elevator contractor means any person who is engaged in the business of contracting services for erecting, constructing, installing, altering, servicing, testing, repairing, or maintaining conveyances;
(5) Elevator mechanic means any person who is engaged in erecting, constructing, installing, altering, servicing, repairing, testing, or maintaining conveyances; and
(6) Person means an individual, a partnership, a limited liability company, a corporation, and any other business firm or company and includes a director, an officer, a member, a manager, and a superintendent of such an entity.
Source
Laws 2006, LB 489, § 2;
R.S.1943, (2010), § 48-2502;
Laws 2019, LB301, § 47.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,212 - Conveyance Advisory Committee; created; members; terms; expenses; meetings.

81-5,212.
Conveyance Advisory Committee; created; members; terms; expenses; meetings.
(1) The Conveyance Advisory Committee is created. One member shall be the state elevator inspector employed pursuant to section 81-5,221. The Governor shall appoint the other members of the committee as follows: One representative from a major elevator manufacturing company; one representative from an elevator servicing company; one representative who is a building manager; one representative who is an elevator mechanic; and one representative of the general public from each county that has a population of more than one hundred thousand inhabitants.
(2) The members of the committee appointed by the Governor shall serve for terms of three years, except that of the initial members appointed, two shall serve for terms of one year and three shall serve for terms of two years. The state elevator inspector shall serve continuously. The appointed members shall be reimbursed for expenses for service on the committee as provided in sections 81-1174 to 81-1177. The members of the committee shall elect a chairperson who shall be the deciding vote in the event of a tie vote.
(3) The committee shall meet and organize within thirty days after the appointment of the members. The committee shall meet quarterly at a time and place to be fixed by the committee for the consideration of code regulations and for the transaction of such other business as properly comes before it. Special meetings may be called by the chairperson or at the request of two or more members of the committee. Any appointed committee member absent from three consecutive meetings shall be dismissed.
Source
Laws 2006, LB 489, § 3;
Laws 2007, LB265, § 28;
R.S.1943, (2010), § 48-2503;
Laws 2019, LB301, § 48;
Laws 2020, LB381, § 103.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,213 - Committee; powers and duties.

81-5,213.
Committee; powers and duties.
The committee:
(1) May consult with engineering authorities and organizations concerned with standard safety codes;
(2) Shall recommend to the State Fire Marshal rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of conveyances;
(3) Shall recommend to the State Fire Marshal qualifications for licensure as an elevator mechanic or elevator contractor and conditions for disciplinary actions, including suspension or revocation of a license;
(4) Shall recommend to the State Fire Marshal rules and regulations for temporary and emergency elevator mechanic thirty-day licenses;
(5) Shall recommend to the State Fire Marshal an enforcement program which will ensure compliance with the Conveyance Safety Act and the rules and regulations adopted and promulgated pursuant to the act. The enforcement program shall include the identification of property locations which are subject to the act, issuing notifications to violating property owners or operators, random onsite inspections and tests on existing installations, and assisting in development of public awareness programs; and
(6) Shall make recommendations to the State Fire Marshal regarding variances under section 81-5,217, continuing education providers under section 81-5,235, and license disciplinary actions under section 81-5,237.
Source
Laws 2006, LB 489, § 4;
R.S.1943, (2010), § 48-2504;
Laws 2019, LB301, § 49.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,214 - State Fire Marshal; establish fee schedules; administer act.

81-5,214.
State Fire Marshal; establish fee schedules; administer act.
(1) The State Fire Marshal shall, after a public hearing conducted by the State Fire Marshal or his or her designee, establish a reasonable schedule of fees for licenses, permits, certificates, and inspections authorized under the Conveyance Safety Act. The State Fire Marshal shall establish the fees at a level necessary to meet the costs of administering the act. Inspection fee schedules relating to the inspection of conveyances adopted prior to January 1, 2008, shall continue to be effective until they are amended or repealed by the State Fire Marshal.
(2) The State Fire Marshal shall administer the Conveyance Safety Act. It is the intent of the Legislature that the funding for the administration of the act shall be entirely from cash funds remitted to the Mechanical Safety Inspection Fund that are fees collected in the administration of the act.
Source
Laws 2006, LB 489, § 6;
Laws 2007, LB265, § 29;
R.S.1943, (2010), § 48-2506;
Laws 2019, LB301, § 50.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,215 - Applicability of act.

81-5,215.
Applicability of act.
(1) The Conveyance Safety Act applies to the construction, operation, inspection, testing, maintenance, alteration, and repair of conveyances. Conveyances include the following equipment, associated parts, and hoistways which are not exempted under section 81-5,216:
(a) Hoisting and lowering mechanisms equipped with a car which moves between two or more landings. This equipment includes elevators;
(b) Power driven stairways and walkways for carrying persons between landings. This equipment includes:
(i) Escalators; and
(ii) Moving sidewalks; and
(c) Hoisting and lowering mechanisms equipped with a car, which serves two or more landings and is restricted to the carrying of material by its limited size or limited access to the car. This equipment includes:
(i) Dumbwaiters;
(ii) Material lifts and dumbwaiters with automatic transfer devices; and
(iii) Conveyors and related equipment within the scope of American Society of Mechanical Engineers B20.1.
(2) The act applies to the construction, operation, inspection, maintenance, alteration, and repair of automatic guided transit vehicles on guideways with an exclusive right-of-way. This equipment includes automated people movers.
(3) The act applies to conveyances in private residences located in counties that have a population of more than one hundred thousand inhabitants at the time of installation. Such conveyances are subject to inspection at installation but are not subject to periodic inspections.
Source
Laws 2006, LB 489, § 7;
Laws 2007, LB265, § 30;
R.S.1943, (2010), § 48-2507;
Laws 2019, LB301, § 51.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,216 - Exemptions from act.

81-5,216.
Exemptions from act.
The Conveyance Safety Act does not apply to:
(1) Conveyances under the jurisdiction and subject to inspection by the United States Government;
(2) Conveyances used exclusively for agricultural purposes;
(3) Personnel hoists within the scope of American National Standards Institute A10.4;
(4) Material hoists within the scope of American National Standards Institute A10.5;
(5) Manlifts within the scope of American Society of Mechanical Engineers A90.1;
(6) Mobile scaffolds, towers, and platforms within the scope of American National Standards Institute A92;
(7) Powered platforms and equipment for exterior and interior maintenance within the scope of American National Standards Institute 120.1;
(8) Cranes, derricks, hoists, hooks, jacks, and slings within the scope of American Society of Mechanical Engineers B30;
(9) Industrial trucks within the scope of American Society of Mechanical Engineers B56;
(10) Portable equipment, except for portable escalators which are covered by American National Standards Institute A17.1;
(11) Tiering or piling machines used to move materials to and from storage located and operating entirely within one story;
(12) Equipment for feeding or positioning materials at machine tools, printing presses, and similar equipment;
(13) Skip or furnace hoists;
(14) Wharf ramps;
(15) Railroad car lifts or dumpers;
(16) Line jacks, false cars, shafters, moving platforms, and similar equipment used for installing a conveyance by an elevator contractor;
(17) Manlifts, hoists, or conveyances used in grain elevators or feed mills;
(18) Dock levelators;
(19) Stairway chair lifts and platform lifts; and
(20) Conveyances in residences located in counties that have a population of one hundred thousand or less inhabitants.
Source
Laws 2006, LB 489, § 8;
Laws 2007, LB265, § 31;
R.S.1943, (2010), § 48-2508;
Laws 2019, LB301, § 52.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,217 - Rules and regulations; State Fire Marshal; variance authorized; appeal.

81-5,217.
Rules and regulations; State Fire Marshal; variance authorized; appeal.
(1) The State Fire Marshal shall adopt and promulgate rules and regulations which establish the regulations for conveyances under the Conveyance Safety Act. The rules and regulations may include the Safety Code for Elevators and Escalators, American Society of Mechanical Engineers A17.1 except those parts exempted under section 81-5,216; the standards for conveyors and related equipment, American Society of Mechanical Engineers B20.1; and the Automated People Mover Standards, American Society of Civil Engineers 21. The State Fire Marshal shall annually review to determine if the most current form of such standards should be adopted.
(2) The State Fire Marshal may grant a variance from the rules and regulations adopted in subsection (1) of this section in individual situations upon good cause shown if the safety of those riding or using the conveyance is not compromised by the variance. The State Fire Marshal shall adopt and promulgate rules and regulations for the procedure to obtain a variance. The committee shall make recommendations to the State Fire Marshal regarding each variance requested. The decision of the State Fire Marshal in granting or refusing to grant a variance may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 2006, LB 489, § 9;
R.S.1943, (2010), § 48-2509;
Laws 2019, LB301, § 53.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,218 - Registration of conveyances; when required.

81-5,218.
Registration of conveyances; when required.
Conveyances upon which construction is started subsequent to January 1, 2008, shall be registered at the time they are completed and placed in service.
Source
Laws 2006, LB 489, § 10;
R.S.1943, (2010), § 48-2510;
Laws 2019, LB301, § 54.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,219 - Certificate of inspection; when required; display of certificate.

81-5,219.
Certificate of inspection; when required; display of certificate.
On and after January 1, 2008: Prior to any newly installed conveyance being used for the first time, the property owner or lessee shall obtain a certificate of inspection from the State Fire Marshal. A fee established under section 81-5,214 shall be paid for the certificate of inspection. A licensed elevator contractor shall complete and submit first-time registrations for new installations to the state elevator inspector for the inspector's approval. A certificate of inspection shall be clearly displayed in an elevator car and on or in each other conveyance.
Source
Laws 2006, LB 489, § 11;
R.S.1943, (2010), § 48-2511;
Laws 2019, LB301, § 55.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,220 - Existing conveyance; prohibited acts; licensed elevator mechanic; licensed elevator contractor; when required; new conveyance installation; requirements.

81-5,220.
Existing conveyance; prohibited acts; licensed elevator mechanic; licensed elevator contractor; when required; new conveyance installation; requirements.
(1) No person shall wire, alter, replace, remove, or dismantle an existing conveyance contained within a building or structure located in a county that has a population of more than one hundred thousand inhabitants unless such person is a licensed elevator mechanic or he or she is working under the direct supervision of a person who is a licensed elevator mechanic. Neither a licensed elevator mechanic nor a licensed elevator contractor is required to perform nonmechanical maintenance of a conveyance. Neither a licensed elevator contractor nor a licensed elevator mechanic is required for removing or dismantling conveyances which are destroyed as a result of a complete demolition of a secured building.
(2) It shall be the responsibility of licensed elevator mechanics and licensed elevator contractors to ensure that installation and service of a conveyance is performed in compliance with applicable fire and safety codes. It shall be the responsibility of the owner of the conveyance to ensure that the conveyance is maintained in compliance with applicable fire and safety codes.
(3) All new conveyance installations shall be performed by a licensed elevator mechanic under the control of a licensed elevator contractor or by a licensed elevator contractor. Subsequent to installation, a licensed elevator contractor shall certify compliance with the Conveyance Safety Act.
Source
Laws 2006, LB 489, § 12;
Laws 2007, LB265, § 32;
R.S.1943, (2010), § 48-2512;
Laws 2019, LB301, § 56.
2023 Nebraska Revised Statutes › Chapter 81 - State Administrative Departments › 81-5,221 - State elevator inspector; qualifications; deputy inspectors; employment; qualifications.

81-5,221.
State elevator inspector; qualifications; deputy inspectors; employment; qualifications.
(1) The State Fire Marshal shall employ a state elevator inspector who shall work under the direct supervision of the State Fire Marshal.
(2) The person so employed shall be qualified by (a) not less than five years' experience in the installation, maintenance, and repair of elevators as determined by the State Fire Marshal, (b) certification as a qualified elevator inspector by an association accredited by the American Society of Mechanical Engineers, or (c) not less than five years' journeyman experience in elevator installation, maintenance, and inspection as determined by the State Fire Marshal and shall be familiar with the inspection process and rules and regulations adopted and promulgated under the Conveyance Safety Act.
(3) The State Fire Marshal may employ deputy inspectors possessing the same qualifications as the state elevator inspector as necessary to carry out the Conveyance Safety Act.
Source
Laws 1919, c. 190, tit. IV, art. IV, § 14, p. 561;
C.S.1922, § 7695;
C.S.1929, § 48-414;
R.S.1943, § 48-418;
Laws 1965, c. 283, § 1, p. 810;
Laws 1967, c. 297, § 1, p. 810;
Laws 1973, LB 320, § 1;
Laws 1982, LB 659, § 2;
Laws 1987, LB 36, § 1;
Laws 1997, LB 752, § 126;
Laws 2006, LB 489, § 35;
R.S.Supp.,2006, § 48-418;
Laws 2007, LB265, § 27;
R.S.1943, (2010), § 48-2512.01;
Laws 2019, LB301, § 57.