Nebraska Administrative Code › Topic - PUBLIC SERVICE COMMISSION › Title 291 - NEBRASKA PUBLIC SERVICE COMMISSION › Chapter 13 - MODULAR HOUSING UNIT CONSTRUCTION RULES AND REGULATIONS › Section 291-13-001 - SCOPE, DEFINITIONS, AND STATE CODES

Current through June 17, 2024
001.01
Scope and
				Application
: All rules, regulations, and orders of the Department
				of Health and Human Services Regulation and Licensure or its predecessor agency
				adopted prior to May 1, 1998, in connection with the powers, duties, and
				functions transferred to the Nebraska Public Service Commission under the
				Nebraska Uniform Standards for Modular housing Units Act, shall continue to be
				effective until revised, amended, repealed, or nullified pursuant to law.
In regard to any modular housing unit displaying the Nebraska
				  Modular Housing Unit Seal, no suit, action, or other proceeding, judicial or
				  administrative, lawfully commenced prior to May 1, 1998, or which could have
				  been commenced prior to that date, by or against such department or agency, or
				  the director or employee thereof is such director's or 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 Nebraska
				  Health and Human Services Department to the Nebraska Public Service
				  Commission.
Any amendment(s) to any section(s) of these administrative
				  rules and regulations which deals with construction standards shall apply only
				  to those modular housing units manufactured on or after the effective date of
				  the amendment(s). All modular housing units for which purchase orders have been
				  received by the manufacturer prior to the effective date of any such amendment
				  shall be considered to be manufactured prior to the effective date of the
				  amendment. All modular housing units considered manufactured prior to the
				  effective date of any amendment must meet the requirements of the section(s) as
				  set out prior to any amendment.
Further, these Rules and Regulations shall govern the design,
				  manufacture, and sale of modular housing units intended for sale, lease or
				  installation in this state, or elsewhere, wherever such modular housing units
				  are reciprocally accepted by virtue of the Nebraska seal. No agency or
				  political subdivision of the state or a municipality shall require compliance
				  with local codes or standards for the construction of or the installation of
				  structural, plumbing, heating, or electrical systems in a modular housing unit
				  which are different from those established by the department in these
				  administrative rules and regulations. An agency or political subdivision of
				  this state or a municipality may prescribe reasonable and necessary
				  requirements of the site development for modular housing units in accordance
				  with local standards. Site development is defined for the purposes of such act
				  as those local development requirements including, but not limited to,
				  foundations, site utility requirements and their connections to the modular
				  housing units, zoning and subdivision regulations, and fire control
				  provisions.
001.02
Definitions
: The following definitions shall apply to
				these standards. Where these definitions differ from those in the Standards
				adopted in Sections
				001.03A,
				001.03B,
				001.03C and
				001.03D, these
				shall be controlling
001.02A Authorized
				Representative shall mean any person, firm or corporation, or employee thereof,
				designated by the Department to perform inspection services.
001.02B Commission shall mean the Nebraska
				Public Service Commission.
001.02C
				Date of manufacture shall mean the date the modular housing unit has been
				completed with all but minor finishing details and has left the assembly
				line.
001.02D Dealer shall mean any
				person other than a manufacturer who sells, offers to sell, distributes, or
				leases manufactured modular housing units primarily to persons who in good
				faith purchase or lease a modular housing unit for purposes other than
				resale.
001.02E Defect shall mean
				any defect in the performance, construction, components, or material of a
				modular housing unit that renders the modular housing unit or any part thereof
				not fit for the ordinary use for which it was intended.
001.02F Imminent Safety Hazard shall mean a
				hazard that presents an imminent and unreasonable risk of death or severe
				personal injury.
001.02G Initial
				Package shall mean the materials required for submission to the Department by a
				manufacturer who plans to market or manufacture modular housing units in
				Nebraska and is applying for seals to put on them, based on a showing that its
				use of proposed plans and specifications will produce modular housing units
				which meet the applicable standards. Each initial package shall consist of:
001.02G1 Two copies of the compliance
				assurance manual (subsection
				003.01B);
001.02G2 Two copies of the plans and
				specifications for each modular housing unit model (subsections
				003.04).
001.02G3 A completed
				application for plan approval form prescribed by the Commission;
001.02G4 Completed application for seals on a
				form prescribed by the Commission; and
001.02G5 A check or money order for
				applicable fees.
001.02H
				Manufacturer shall mean any person who manufactures or produces modular housing
				units.
001.02I Modular housing unit
				shall mean any dwelling whose construction consists entirely of or the major
				portions of its construction consist of a unit or units not fabricated on the
				final site for the dwelling unit, which units are movable or portable until
				placed on a permanent foundation and connected to utilities. Modular housing
				units shall be taxed as real estate. The term modular housing unit shall not
				include a manufactured home (mobile home).
001.02J Person shall mean any individual,
				partnership, company, corporation, limited liability company, or association
				engaged in manufacturing, selling, offering to sell, or leasing modular housing
				units.
001.02K Compliance Assurance
				Manual shall mean the manual prepared by the modular housing unit manufacturer
				that lists the production process, guidelines and actions necessary to assure
				individual unit compliance with the standard adopted by the State of Nebraska
				(subsection
				003.01B).
001.02L Seal shall mean a device or insignia
				issued by the Nebraska Public Service Commission to be displayed on the
				exterior of the modular housing unit to evidence compliance with Departmental
				standards.
001.02M Typicals shall
				mean the drawings that detail repetitive construction techniques necessary to
				assure code compliance.