reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 2 - DESIGN CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC SWIMMING POOLS › Section 178-2-010 - POOL CLOSING

Current through June 17, 2024
If the Department, upon inspection and investigation of a
				  swimming pool, finds any condition that poses a serious health risk to patrons
				  that warrants prompt closing of the pool, the Department will notify the owner
				  or Nebraska swimming pool operator that the pool must be closed. The owner or
				  Nebraska swimming pool operator of a swimming pool must prohibit any person
				  from using the pool upon such notification.
010.01
PROMPT
				CLOSING.
Conditions that warrant prompt closing of a pool include,
				but are not limited to the following:
(1)
				Water quality that fails to meet the standards in 178 NAC 2-007.02;
(2) Not meeting the main drain, suction
				outlet, or anti-entrapment requirements of 178 NAC
				2-005.11(H) and
				2-005.11(I);
(3) Not meeting the phone requirements of 178
				NAC
				2-007.01(9);
(4) For Class A pools, or other pools where
				lifeguards are provided, an insufficient number of or unqualified lifeguards;
(5) Not meeting backboard
				requirements per 178 NAC
				2-007.01(6);
(6) No shepherd's crook, and no ring buoys or
				rescue tubes accessible at Class B or F pools;
(7) No Nebraska swimming pool operator at
				Class A pool; or
(8) No Nebraska
				swimming pool operator available for Class B, C, or F pools.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 2 - DESIGN CONSTRUCTION, OPERATION, AND MAINTENANCE OF PUBLIC SWIMMING POOLS › Section 178-2-011 - DENIAL, SUSPENSION, OR REVOCATION OF PERMIT

Current through June 17, 2024
The Department may deny, suspend, or revoke a swimming pool
				  permit for violations of the Swimming Pool Act or its related regulations.
				  Before a permit is denied, suspended, or revoked, the Department will send a
				  written notice to the applicant or permit holder enumerating instances of
				  failure to comply with the Act or its related regulations, or of the nature of
				  the invalidity of the original application for a permit. If the permit is
				  denied, suspended, or revoked, the person may request a hearing before the
				  Department within 30 days of receipt of notice of denial, suspension, or
				  revocation. On the basis of the hearing, the Department will affirm or revoke
				  its previous action.
011.01 The
				denial, suspension, or revocation of the permit will terminate and the permit
				will be issued or reissued, as the case may be, upon proper application and
				upon the presentation of evidence sufficient to show that the deficiencies and
				the unsafe or unsanitary conditions causing the denial, suspension, or
				revocation have been corrected.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 5 - RULES, REGULATIONS AND STANDARDS GOVERNING MOBILE HOME PARKS › Section 178-5-001 - Definitions and Scope

Current through June 17, 2024
001.01 Definitions
In these rules, regulations and standards, unless the
				  context to be intelligible or prevent absurdity otherwise requires, the
				  following definitions shall apply:
001.01A Mobile Home shall mean a movable or
				portable dwelling constructed to be towed on its own chassis, connected to
				utilities, and designed with or without a permanent foundation for year round
				living. It may consist of one or more units that can be telescoped when towed
				and expanded later for additional capacity, or of two or more units, separately
				lovable but designed to be joined into one integral unit.
001.01B Mobile Home Lot shall mean a
				designated portion of a mobile home park designed for the accommodation of one
				mobile home and its accessory buildings or structures for the exclusive use of
				the occupants.
001.01C Mobile Home
				Park shall mean a parcel or contiguous parcels of land which have been so
				designated and improved that it contains two or more mobile home lots available
				to the general public for the placement thereon of mobile homes for occupancy.
				The term mobile home park shall not be construed to include mobile homes,
				buildings, tents or other structures temporarily maintained by any individual,
				corporation, company, or other entity on its own premises and used exclusively
				to house its own labor force.
001.01D Department shall mean the Department
				of Health of the State of Nebraska.
001.01E Person shall mean any individual,
				firm, partnership, corporation, company, association, joint stock company or
				association, political subdivision, governmental agency or other legal entity,
				and shall include any trustee, receiver, assignee or other legal representative
				thereof.
001.01F Mobile Home Stand
				shall mean that area of a mobile home lot which has been reserved for the
				placement of a mobile home.
001.01G
				Public Sever System shall mean a sever system owned, operated or otherwise
				utilized by the state, a municipality or any other governmental agency or
				political subdivision, federal governmental agencies being excepted.
001.01H Public Water Supply System shall mean
				a water supply system designed to provide the public piped water fit for human
				consumption, if 'such system has at least fifteen service connections or
				regularly serves at least twenty-five individuals daily, at least sixty days
				out of the year. This definition shall include (a) any collection, treatment,
				storage, or distribution facilities under control of the operator of such
				system and used primarily in connection with such system, and (b) any
				collection or pretreatment storage facilities not under such control which are
				used primarily in connection with such system.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 5 - RULES, REGULATIONS AND STANDARDS GOVERNING MOBILE HOME PARKS › Section 178-5-002 - Administrative Forms - Copies

Current through June 17, 2024
Copies of all administrative forms required by the
				  Department of Health concerning the licensure of a mobile home park shall be
				  furnished by the Department to all applicants and licensees. A copy of each of
				  these forms is attached to and forms a part of this body of rules, regulations
				  and standards. A listing of these forms is:
002.01 Application for Annual License to
				operate a Mobile Home Park (Attachment 1)
002.02 Application for Permit to Construct,
				Expand, Remodel or Make Alterations to the Sanitary Facilities in a Mobile Home
				Park (Attachment 2)
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 5 - RULES, REGULATIONS AND STANDARDS GOVERNING MOBILE HOME PARKS › Section 178-5-003 - Submission of Plans

Current through June 17, 2024
Each application for an initial license to establish a newly
				  constructed mobile home park and each application for a permit to construct,
				  expand, remodel or make alterations to the sanitary facilities in a mobile home
				  park must be accompanied by plans and specifications of the mobile home park
				  and the appurtenances thereto, and in the latter instance shall also include a
				  description of the nature, type, location and extent of the proposed
				  construction, expansion, remodeling and alterations to the sanitary facilities
				  All plans and specifications shall be submitted in triplicate and must be
				  prepared by an engineer or architect if the mobile home park has or is to have
				  facilities for fifteen (15) or more mobile homes
The detailed construction plans shall show: the area and
				  dimensions of the park site; the number, location, and dimensions of all mobile
				  home lots; the location and width of roadways, automobile parking facilities,
				  and walkways; the location of service buildings and any other proposed
				  structures; plans and specifications for the water supply, sewage-disposal, and
				  solid waste disposal facilities, including the location of water lines, sewer
				  lines, and riser pipes; and the location and details of lighting and electrical
				  systems
Depending on the extent of the facilities to be provided;
				  additional plans may be required to show: the location of fire hydrants; plans
				  and specifications for swimming pools; and details of fuel-oil and LP-gas
				  storage facilities
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 5 - RULES, REGULATIONS AND STANDARDS GOVERNING MOBILE HOME PARKS › Section 178-5-004 - Fees

Current through June 17, 2024
004.01 The
				following fees relative to the licensure, inspection and plan review for mobile
				home parks shall be paid in order for such licensure, inspection and plan
				review to be valid:
004.01A All licenses
				shall expire at midnight December 31 of each calendar year. The following fees
				must be paid on or before January 1 of each year for the applicable category in
				order for a person to receive an annual license to conduct, operate or maintain
				a mobile home park and receive the required annual inspection of such park:
CATEGORY
FEE
Mobile home park with facilities for 2-3 mobile homes
							 -
$25
Mobile home park with facilities for 4-15 mobile homes
							 -
$50
Mobile home park with facilities for 16-25 mobile
							 homes -
$75
Mobile home park with facilities for 26-50 mobile
							 homes -
$100
Mobile home park with facilities for 51-100 mobile
							 homes -
$125
Mobile home park with facilities fur over 100 mobile
							 homes -
$175
004.01B For each additional necessitated
				inspection of a mobile home park, which is conducted after the initial annual
				inspection, the following fees must be paid: (Additional inspections shall be
				classified as those which are required to determine if violations which were
				discovered in previous inspections have been corrected.)
CATEGORY
FEE
Mobile Home Park with facilities for 2-3 mobile
								homes -
$20
Mobile Home Park with facilities for 4-15 mobile
								homes -
$40
Mobile Home Park with facilities for 16-25 mobile
								homes -
$70
Mobile Home Park with facilities for 26-50 mobile
								homes -
$95
Mobile Home Park with facilities for 51-100 mobile
								homes -
$120
Mobile Home Park with facilities for over 100
								mobile homes -
$170
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 5 - RULES, REGULATIONS AND STANDARDS GOVERNING MOBILE HOME PARKS › Section 178-5-006 - Sanitary Conditions

Current through June 17, 2024
006.01 Refuse,
				Garbage and Solid Waste Disposal
006.01A The
				storage, collection, transportation, and disposal of refuse, garbage and solid
				waste shall be so conducted as to not create insanitary conditions, nuisances,
				rodent harborages, insect breeding areas, accident or fire hazards, or air
				pollution.
006.01B All refuse,
				garbage and solid waste shall be stored in fly-tight, water-tight, rodent-proof
				containers which shall be maintained in clean condition and in good
				repair.
006.01C Containers shall be
				provided in sufficient number and capacity to properly store all refuse,
				garbage and solid waste whether the licensee of the mobile home park or each
				occupant of a mobile home provides the container or containers depends entirely
				upon the internal rules of each mobile home park.
006.01D Concrete platforms, metal racks, or
				holders shall be provided for all refuse, garbage and solid waste containers
				and such platforms, racks, or holders shall be so designed and constructed as
				to prevent the containers from being tipped, to minimize spillage, and to
				facilitate cleaning around the containers.
006.01E Refuse, garbage and solid waste shall
				be removed from the mobile home park premises at least once weekly. Where
				adequate refuse, garbage and solid waste removal service is not available, the
				licensee of the mobile home park shall provide such service and the removal and
				disposal shall conform to local ordinance, if any is applicable.
006.01F All refuse, garbage and solid waste
				shall be collected and transported in a leak-proof covered vehicle or covered
				containers.
006.01G Where adequate
				municipal or private solid waste disposal service is not available, the mobile
				home park licensee shall provide for disposal of the refuse, garbage and solid
				waste.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 5 - RULES, REGULATIONS AND STANDARDS GOVERNING MOBILE HOME PARKS › Section 178-5-007 - Observance of Regulations

Current through June 17, 2024
The person to whom a license is issued to operate a mobile
				  home park shall operate said park in strict compliance with the provisions of
				  these rules, regulations and standards and shall provide adequate supervision
				  to maintain the park, its related facilities, roadways, walkways, open spaces,
				  utilities and equipment in good repair and in a clean and sanitary
				  condition.
The licensee shall not construct, expand, remodel or make
				  alterations to the sanitary facilities, including water supply and sewage
				  disposal facilities in a mobile home park or the appurtenances thereto without
				  first obtaining a permit therefore from the Department. No fee shall be charged
				  for such permit, and no such permit shall be required in the making of minor
				  repairs or in matters of general maintenance.
The licensee applying for such a permit must submit a
				  completed application form for a permit to construct, expand, remodel or make
				  alterations to the sanitary facilities in a mobile home park (Attachment 2),
				  accompanied by plans and specifications of the mobile home park and the
				  appurtenances thereto which shall include a description of the nature, type,
				  location and extent of the proposed construction, expansion, remodeling and
				  alterations to the sanitary facilities. All plans and specifications shall be
				  submitted in triplicate and must be prepared by an engineer or architect if the
				  mobile home park has or is to have facilities for fifteen (15) or more mobile
				  homes.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 5 - RULES, REGULATIONS AND STANDARDS GOVERNING MOBILE HOME PARKS › Section 178-5-008 - Rules of Practice in Administrative Hearings

Current through June 17, 2024
008.01 An
				application for issuance of renewal of an annual license to establish, conduct,
				operate or maintain a mobile home park or an application for a permit to
				construct, expand, remodel or make alterations to the sanitary facilities in a
				mobile home park shall be made on forms provided by the Department (Attachments
				1 and 2) The application form must be accompanied by any necessary supporting
				data as prescribed in section 003 Every application shall be acted upon within
				one hundred and fifty (150) days after its filing with the Department
008.02 Denials and Revocations of Licenses
				and Permits
Whenever the Department determines to deny, refuse renewal
				  of, suspend or revoke a license, or deny a permit, or deny or revoke a
				  certificate of exemption, it shall send to the applicant or licensee, by either
				  certified or registered mail, a notice setting forth the specific reasons for
				  the determination Such notice shall state that the denial, refusal of renewal,
				  suspension, or revocation shall become final thirty (30) days after the mailing
				  of the notice in all cases of failure to pay the required licensure fee if not
				  paid by the end of such period, and in all other instances unless the applicant
				  or licensee, within such thirty-day period, shall give written notice of a
				  desire for a hearing Thereupon the applicant or licensee shall be given
				  opportunity for a formal hearing before the Department and shall have the right
				  to present evidence on his own behalf The Department, within thirty (30) days
				  of the receipt of the request, shall schedule a formal hearing to be held
				  before the Department
008.03 Rules of Practice and Procedures
All hearings shall be conducted in accordance with the
				  Administrative Procedures Act and the "Rules of Practice and Procedure of the
				  Department of Health." 184 NAC 1
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 5 - RULES, REGULATIONS AND STANDARDS GOVERNING MOBILE HOME PARKS › Attachment 178-5-2 - APPLICATION FOR PERMIT TO CONSTRUCT, EXPAND, REMODEL OR MAKE ALTERATIONS TO SANITARY FACILITIES IN A MOBILE HOME PARK

Current through June 17, 2024
Click here to
				  view
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 7 - CLEAN INDOOR AIR › Section 178-7-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations implement Nebraska Revised Statute (Neb.
				  Rev. Stat.) §
									71-1911
				  and the Nebraska Clean Indoor Air Act Neb. Rev. Stat. §§
									71-5716
				  to
				  71-5734.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 7 - CLEAN INDOOR AIR › Section 178-7-002 - DEFINITIONS

Current through June 17, 2024
Definition set in the Nebraska Clean Indoor Air Act and the
				  following apply to this chapter.
002.01
CHILD CARE
				PROGRAM.
A child care program has the meaning found in Neb. Rev.
				Stat. §
									71-1910
				and which is licensed under Neb. Rev. Stat. §
									71-1911.
002.02
CHILD CARE
				PROVIDER.
A child care provider is a person who is licensed to
				operate a child care program.
002.03
COMPLETE
				APPLICATION.
An application provided by the Department which
				contains all of the requested information, with attestation to its truth and
				completeness, signatures of the applicant(s), submitted with all required
				documentation.
002.04
SMOKING CESSATION PROGRAM.
A program designed to help
				people stop smoking tobacco products is a smoking cessation program.
002.05
WALL.
A
				vertical partition with a height and length greater than its thickness; used to
				divide, define, or enclose an area is a wall. For the purposes of these
				regulations, it can be of any shape or material which impedes
				airflow.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 7 - CLEAN INDOOR AIR › Section 178-7-003 - PUBLIC PLACES AND PUBLIC MEETINGS

Current through June 17, 2024
The following apply to persons providing public places and
				  public meetings.
003.01
MEASUREMENT.
For purposes of determining compliance
				with the statutes and this chapter, areas will be assessed according to the
				requirements of §
									71-5730
				and by measurements of the wall area to determine whether less than 20% is
				permanently open to the outdoors as follows:
(A) The first eight feet of height and the
				entire length of each wall are measured to obtain total wall square footage. If
				a proprietor chooses to install security devices, such as bars, fencing, and
				wood slats, they must be permanent fixtures. Any security devices located
				within permanently open areas must be included in total wall measurements;
				and
(B) A calculation of 20% of
				total wall square footage to obtain total open area square footage is done to
				determine whether less than 20% of permanently open space is present.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 7 - CLEAN INDOOR AIR › Section 178-7-004 - SMOKING CESSATION PROGRAMS

Current through June 17, 2024
To qualify, a smoking cessation program a program
				  must:
(A) Consist of a minimum of
				three contacts between participant and a qualified counselor, equaling two
				hours of counseling time;
(B) Be
				able to track the progress of participants to determine required counseling
				time is met; and
(C) Issue a
				certificate of completion to participants.
004.01
APPROVAL.
To
				have a program approved by the Department as a smoking cessation program, the
				program facilitator must submit a complete application to the Department and a
				copy of the certificate issued to participants upon
				completion.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 7 - CLEAN INDOOR AIR › Section 178-7-005 - CHILD CARE PROGRAMS

Current through June 17, 2024
Child care programs that are not located in the residence of
				  the child care provider must be located in a smoke free environment and meet
				  the requirements of this chapter. A child care provider who operates a child
				  care program in his or her residence must inform parents, guardian(s), or other
				  individuals responsible of all enrolled children if any household member,
				  including the provider, smokes in the home. This information must be provided
				  to parents, guardian(s), or other individuals responsible before accepting a
				  child into care.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 7 - CLEAN INDOOR AIR › Section 178-7-006 - WAIVER OF THE LAW

Current through June 17, 2024
Provisions of the law may be waived under §
									71-5732(3)
				   and this chapter.
006.01
APPLICANT.
An
				applicant for a waiver must demonstrate good cause for a waiver and demonstrate
				that the waiver will not significantly affect the health and safety of the
				public and employees.
006.02
APPLICATION.
To apply for a waiver of provisions of
				the Act, or these regulations, the proprietor or other person in charge must
				submit a complete application to the Department.
006.03
WAIVERS ARE
				TEMPORARY.
At the time of the waiver's expiration, if an applicant
				desires a continued waiver, the applicant must reapply for another waiver to
				ensure the continued protection of the public, including employees', health and
				safety.
006.04
GRIEVANCES.
Any person aggrieved by the Department's
				decision regarding a waiver may make a written request for a hearing pursuant
				to 184 Nebraska Administrative Code 1.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 8 - FEE FOR INSPECTION OF PRIVATE WATER SUPPLY OR PRIVATE SEWAGE DISPOSAL FACILITIES › Section 178-8-01 - Fee For Inspection

Current through June 17, 2024
The Department of Health shall collect a fee of one-hundred
				  dollars ($ 100.00 ) for each inspection of private water supply or private
				  sewage disposal facilities requested of and made by the Department of Health in
				  order for the person requesting the inspection to qualify for any type of
				  commercial loan, guarantee, or other type of payment or benefit from any
				  commercial agency or enterprise to the person applying for or receiving the
				  same, or to meet the requirements of any federal governmental agency,
				  including, but not limited to, the Farms Home Administration, the Federal
				  Housing Administration, and the United States Veterans* Administration, that
				  such an inspection be conducted as a condition of applying for or receiving any
				  type of grant, loan, guarantee, or other type of payment or benefit from such
				  agency to the person applying for or receiving the same. All fees so collected
				  shall be paid into the state treasury and by the State Treasurer credited to
				  the Department of Health Cash Fund.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern credentialing and continuing
				  competency under the Water Well Standards and Contractors' Practice Act,
Neb. Rev. Stat
. §§ 461201 to 46-1241, and
				  the Uniform Credentialing Act (UCA).
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-003 - TYPES OF LICENSES/WHEN REQUIRED

Current through June 17, 2024
003.01 A water well
				must be constructed, pumps and pumping equipment must be installed and repaired
				onsite, and water wells must be decommissioned in accordance with Title 178 NAC
				10 and 12.
003.02 A water well may
				only be opened or the seal may only be broken by:
1. A licensed contractor or supervisor or a
				person working directly under the supervision of a licensed contractor or
				supervisor;
2. An individual who
				owns a water well on land owned by him/her and used by him/her for farming,
				ranching, or agricultural purposes or as his/her place of abode.
3. A licensed water well monitoring
				technician or a licensed natural resources ground water technician,
4. A licensed operator of a public water
				system in the course of his/her employment or someone under his/her
				supervision, or
5. A state
				electrical inspector in the course of his/her employment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-004 - INITIAL CREDENTIAL

Current through June 17, 2024
004.01
				Qualifications
To receive a credential to practice as a licensee under the
				  Act, an individual must meet the following qualifications:
1.
Age and Good
				Character
: Be at least 19 years old and of good
				character;
2.
Citizenship/Resident Information:
Be a citizen of the
				United States, an alien lawfully admitted into the United States for permanent
				residence under the Immigration and Nationality Act (INA) and who is eligible
				for a credential under the Uniform Credentialing Act, or a nonimmigrant whose
				visa for entry, or application for visa for entry, is related to employment as
				a credential holder in the United States.
3.
Examination:
Pass
				the examination(s) for licensure prescribed by the Board unless the person
				qualifies for a temporary hardship license as provided in 178 NAC
				10-005.08;
4. Otherwise comply with
				the Act and all standards, rules and regulations adopted and promulgated
				pursuant to the Act; and
5. For
				water well and/or pump installation contractors, furnish proof to the
				Department that there is in force a policy of public liability and property
				damage insurance issued to the applicant in at least the sum of $100,
				000.00.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-005 - EXAMINATION OF APPLICANTS FOR LICENSURE

Current through June 17, 2024
005.01 Type and
				Categories
The examination for licenses is designed in accordance with
Neb. Rev. Stat
. §
										46-1223.
				  Applicants for licensure as a water well monitoring technician must
				  successfully complete the examination sections described in 178 NAC 10-005.01
				  items 1 and 2. Applicants for licensure as a water well contractor, water well
				  drilling supervisor, pump installation contractor, or pump installation
				  supervisor must successfully complete the applicable examination sections
				  described in 178 NAC 10-005.01 items 1 and 3. Applicants for licensure as a
				  natural resources ground water technician must successfully complete the
				  examination section described in 178 NAC 10-005.01 item 4. All examinations are
				  written unless special hardship provisions apply, and consist of the
				  following:
1. Section I, the "Nebraska
				Section", which examines the applicant's knowledge of Nebraska minimum
				standards for water wells and water well pumps and pumping equipment, the
				geological characteristics of the State of Nebraska, and the Act, rules and
				regulations adopted pursuant to the Act and other laws and regulations as may
				apply to groundwater and the water well industry.
2. Section II, the water well monitoring
				category, which examines the applicant's knowledge in water sampling practices
				and techniques and measuring groundwater levels.
3. Section III
a. For applicants for licensure as a water
				well contractor or as a water well drilling supervisor, the special knowledge
				category consists of current drilling practices and techniques in general
				drilling and/or environmental drilling.
b. For applicants for licensure as a pump
				installation contractor or supervisor, the special knowledge category consists
				of current pump installation practices and techniques.
4. Section IV, the natural resources ground
				water technician category which examines the applicant's knowledge concerning
				the inspection of chemigation systems, measuring and recording static water
				levels, inspecting and servicing flow meters, and taking water
				samples.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-006 - CONTINUING COMPETENCY REQUIREMENTS

Current through June 17, 2024
Each person holding an active credential under the Act must
				  on or before the date of expiration of the credential, complete at least 12
				  hours of continuing education related to the discipline for which his/her
				  license was issued unless the continuing education requirements are waived in
				  accordance with 178 NAC 10-008.03 or 10-008.04. Each credentialed individual is
				  responsible for maintaining certificates or records of continuing competency
				  activities.
006.01 General
				Requirements
10-006.01A Each individual
				licensed under the Act may, following his/her completion of each continuing
				education program, submit to the Board an affidavit evidencing his/her
				completion of the program or may in the alternative make one or more affidavit
				submissions to the Board of evidence of all programs completed during the
				applicable period on or before December 31 of each even-numbered year after the
				initial renewal.
10-006.01B
				Licensees must submit one or more notarized affidavit(s) showing evidence of
				completion of the programs. The affidavit(s) must include the name, address,
				telephone number, and license number of the individual; the program name and
				provider; the program location; the program dates; and the number of continuing
				education hours that were earned at each program. The licensee must submit a
				copy of all certificates or other evidence of completion provided by the
				program sponsor for each program included on the affidavit.
10-006.01C Whenever licensees serve as
				presenters in a program, they may receive credit only for their initial
				presentation during a single renewal period, regardless of the number of times
				a program is presented.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-007 - APPROVAL OF CONTINUING EDUCATION PROGRAMS

Current through June 17, 2024
The Board will evaluate applications from licensees or
				  providers for approval of continuing education programs. The Board will grant
				  approval for a specific number of hours of continuing education and will
				  indicate to which occupational activities the program applies.
007.01 General Requirements for Approval
To be approved for hours of continuing education all
				  continuing education programs must meet the following general
				  requirements:
1. Content must relate
				directly to ground water or the water well industry and must include but is not
				limited to, water well and water well pump standards, geologic characteristics
				of the State, state groundwater laws and regulations, water well construction
				and pump installation practices and techniques; water well monitoring;
				inspection of chemigation devices; and inspection or repair of flow
				meters;
2. Presenters of programs
				must be qualified by education, experience or training; and
3. The program provider agrees to provide
				each attendee a certificate of attendance and to submit a complete attendance
				record to the Board no later than 30 days after the occurrence of each program
				provided and must include the following information and assurances:
a. The name and address of licensed
				individuals in attendance,
b.
				Program title,
c. Program date(s),
				and
d. Number of hours each
				individual was in attendance.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-008 - RENEWAL

Current through June 17, 2024
An individual who wants to renew his/her credential under
				  the Act must request renewal as specified in 178 NAC 10-008.02 and must meet
				  all requirements for continuing competency for each renewal period. All
				  credentials issued by the Department under the Act will expire on December 31
				  of each even-numbered year.
008.01
				Renewal Notice
At least 30 days before the expiration of a credential, the
				  Department will notify each credential holder at the last known address of
				  record. The renewal notice will include:
1. The type of credential;
2. The credential number;
3. The expiration date;
4. Continuing competency requirements for
				renewal;
5. The amount of the
				renewal fee; and
6. Information on
				how to request renewal and how to place a credential on inactive
				status.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-010 - VOLUNTARY SURRENDER OR LIMITATION

Current through June 17, 2024
A credential holder may offer to voluntarily surrender or
				  limit a credential issued by the Department. The credential holder must make
				  the offer in writing on a form provided by the Department or constructed by the
				  credential holder, which must include the following information:
1. Personal Information:
a. First, middle and last name;
b. Mailing address (street, rural route, or
				post office address), city, state, and zip code;
c. Telephone number; and
d. Fax number.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-011 - REINSTATEMENT

Current through June 17, 2024
This section applies to individuals previously credentialed
				  in Nebraska who seek the authority to return to practice in Nebraska with a
				  valid Nebraska credential. To qualify for reinstatement, the applicant must
				  first meet the requirements for renewal. Individuals may apply for
				  reinstatement as follows:
1. An
				individual whose credential has expired, been placed on inactive status,
				voluntarily surrendered for an indefinite period of time, or suspended or
				limited for disciplinary reasons, may apply for reinstatement at any
				time.
2. An individual whose
				credential has been voluntarily surrendered for a definite period of time may
				apply for reinstatement after that period of time has elapsed.
3. An individual whose credential has been
				revoked may apply for reinstatement only after a period of two years has
				elapsed from the date of revocation.
4. An individual whose credential has been
				permanently voluntarily surrendered may not apply for reinstatement.
The voluntary surrender of a credential may be unrelated to
				  disciplinary matters, or may be done to resolve a pending disciplinary matter,
				  in lieu of disciplinary action, or in response to a notice of disciplinary
				  action.
011.01
				Reinstatement From Expired or Inactive Status or Following Voluntary Surrender
				Unrelated to a Disciplinary Matter
The applicant must submit to the Department a written
				  application on a form provided by the Department or constructed by the
				  applicant.
1.
Application
: The applicant must attest that all
				information in the application is truthful and complete, and the applicant, in
				his/her application:
a. Must provide the
				following information:
(1) The legal name of
				the applicant, maiden name (if applicable), and any other names by which the
				applicant is known;
(2) Mailing
				address (street, rural route, or post office address; and city, state, and zip
				code or country information);
(3)
				The applicant's:
(a) Social Security Number
				(SSN); or
(b) Alien Registration
				Number (A#); or
(c) Form I-94
				(Arrival-Departure Record) number.
Certain applicants may have both a SSN and an A# or I-94
				  number, and if so, must report both.
(4) If the applicant holds a professional
				credential in another state, a list of the state(s) and type of credential;
				and
(5) Telephone number including
				area code;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-012 - ADMINISTRATIVE PENALTY

Current through June 17, 2024
The Department may assess an administrative penalty when
				  evidence exists of practice without a credential to practice a profession.
				  Practice without a credential for the purpose of this regulation means
				  practice:
1. Prior to the issuance of
				a credential;
2. Following the
				expiration of a credential; or
3.
				Prior to the reinstatement of a credential.
012.01 Evidence of Practice
The Department will consider any of the following conditions
				  as prima facie evidence of practice without being credentialed:
1. The person admits to engaging in
				practice;
2. Staffing records or
				other reports from the employer of the person indicate that the person was
				engaged in practice;
3. Billing or
				payment records document the provision of service by the person;
4. Service records document the provision of
				service by the person;
5. Water
				well registration or other government records indicate that the person was
				engaged in practice; and
6. The
				person opens a business and announces or advertises that the business is open
				to provide service.
For purposes of this regulation, prima facie evidence means a
				  fact presumed to be true unless disproved by some evidence to the
				  contrary.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 10 - LICENSURE UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-10-013 - FEES

Current through June 17, 2024
Fees referred to in these regulations are set out in 178 NAC
				  11, unless otherwise specified.
THESE AMENDED RULES AND REGULATIONS replace Title 178 NAC 10,
				  Licensure of Water Well and Pump Installation Contractors and Certification of
				  Water Well Drilling and Pump Installation Supervisors, and Water Well
				  Monitoring and Natural Resources Ground Water Technicians, effective June 13,
				  2007.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 11 - FEES UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-11-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These rules prescribe fees for licensure under the Water
				  Well Standards and Contractors' Practice Act. The authority for these
				  regulations is found in
Neb. Rev. Stat.
§§
									46-1201
				  to
				  46-1241
				  and the Uniform Credentialing Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 11 - FEES UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-11-002 - DEFINITIONS

Current through June 17, 2024
Act
means the Water Well Standards
				  and Contractors' Practice Act,
Neb. Rev. Stat
.
				  §§
									46-1201
				  to
				  46-1241.
Credentia
l means a license,
				  certificate, or registration.
Department
means the Division of
				  Public Health of the Department of Health and Human Services.
License
means an authorization
				  issued by the Department to an individual to engage in a profession which would
				  otherwise be unlawful in this state in the absence of such authorization. In
				  178 NAC 11 it means those licenses issued under the Act.
Reinstatement
means the restoration
				  of a license to active status.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 11 - FEES UNDER THE WATER WELL STANDARDS AND CONTRACTORS' PRACTICE ACT › Section 178-11-003 - FEES

Current through June 17, 2024
003.01 Schedule of
				Fees
1. A fee of $150 for any regular or
				temporary hardship, initial or renewed license issued under the Act. These fees
				include a $1 fee for the Licensee Assistance Program;
2. A fee for each water well required to be
				registered by the Department of Natural Resources. The fee for water wells
				designed and constructed to pump less than 50 gallons per minute and each
				monitoring and observation well is $30. The fee for a water well designed and
				constructed to pump 50 gallons per minute or more is $70. For water wells
				permitted pursuant to the Industrial Ground Water Regulatory Act, the fee is
				collected for each of the first 10 water wells registered; and for each group
				of 10 or fewer water wells registered thereafter, the fee is collected as if
				only 1 water well is being registered. These fees are remitted to the Director
				of Natural Resources with the registration form required by
Neb.
				Rev. Stat.
§
										46-602
				and are described in
Neb. Rev. Stat.
§
										46-606;
3. A fee of $100 for application for a
				declaratory order and;
4. A fee of
				$100 for application for a variance.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 12 - WATER WELL CONSTRUCTION, PUMP INSTALLATION, AND WATER WELL DECOMMISSIONING STANDARDS › Section 178-12-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations apply to the construction, location, and
				  decommissioning of water wells, the installation of pumps and pumping
				  equipment, the collection of water samples from water wells, and the inspection
				  of installed water well equipment and chemigation regulation devices. The
				  statutory authority is found in
Neb. Rev. Stat
.
				  §§
									46-1201 to
				  46-1241, and
				  46-602.
These are minimum
				  requirements.
Local requirements may be more stringent.
12-001.01
Related
				Regulations
: Persons doing the work referenced above must be aware
				that other statutes and regulations may apply, including but not limited to:
1. Nebraska Department of Health and Human
				Services Title 179, Regulations Governing Public Water Systems;
2. Nebraska Department of Natural Resources
				(NDNR) Chapter 46, Article 6;
3.
				Nebraska Department of Environmental Quality (NDEQ) Title 122 Rules and
				Regulations for Underground Injection and Mineral Production Wells;
4. NDEQ Title 135 Rules and Regulations for
				Mineral Exploration Holes;
5. NDEQ
				Title 128 Rules and Regulations Governing Hazardous Waste Management in
				Nebraska;
6. NDEQ Title 130 Rules
				and Regulations for Livestock Waste Control;
7. Nebraska Natural Resources Districts (NRD)
				regulations; and
8. State
				Electrical Code.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 12 - WATER WELL CONSTRUCTION, PUMP INSTALLATION, AND WATER WELL DECOMMISSIONING STANDARDS › Section 178-12-004 - POTABLE WELL CONSTRUCTION

Current through June 17, 2024
A water well contractor must verify the purpose of a new well
				  with the owner or the system's engineer. If the well is to serve water to the
				  public, see 178 NAC 12-008.
12-004.01
Construction of Potable Well
:
1. A potable water well to be used for human
				consumption must not be constructed as a driven sandpoint well.
2. It must meet the requirements specified in
				178 NAC 12-003.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 12 - WATER WELL CONSTRUCTION, PUMP INSTALLATION, AND WATER WELL DECOMMISSIONING STANDARDS › Section 178-12-005 - NON-POTABLE WELLS

Current through June 17, 2024
12-005.01
Construction of a Non-Potable Well
12-005.01A Driven sandpoint wells are
				permitted only for temporary use and must be decommissioned within 90 days of
				installation. They must meet the requirements specified in 178 NAC
				12-003.
12-005.01B Observation
				wells must be located as required in 178 NAC 12-003.01C item
				1.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 178 - ENVIRONMENTAL HEALTH › Chapter 12 - WATER WELL CONSTRUCTION, PUMP INSTALLATION, AND WATER WELL DECOMMISSIONING STANDARDS › Section 178-12-006 - DEWATERING WELLS

Current through June 17, 2024
12-006.01
Permanent Installation
: Permanently constructed
				dewatering wells must be constructed to the same standards as non-potable
				wells.
12-006.02
Temporary Installations
: Temporary installations must
				be constructed in a manner that prevents the introduction of contaminants into
				the ground water. They must be decommissioned within 90 days of installation.
12-006.02A
Location
:
				Dewatering wells must be located or the site graded so that surface drainage is
				away from the well.
12-006.02B
Sanitation
: Temporary dewatering wells must be
				constructed to prevent the introduction of microbiological, chemical, or
				radiological substances which may be toxic into the aquifer or aquifers
				penetrated.
12-006.02C
Well Screens
must be composed of nontoxic, durable
				material.
12-006.02D
Temporary Casing
: Casing and screen may be
				re-used.
12-006.02E
Casing Wall Thickness
: The wall thickness of temporary
				dewatering well casing must be sufficient to withstand the forces imposed on it
				during installation and pressures exerted on it by the surrounding
				materials.
12-006.02F
Secure Cover
: Any temporary dewatering well which is
				under construction must be protected with a secure cover or cap when it is
				unattended.
12-006.02G
Repair of a Dewatering Well
: All temporary dewatering
				well repairs must be done in accordance with current
				standards.