reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 142 - NEBRASKA AGE DISCRIMINATION IN EMPLOYMENT ACT › Chapter 10 - Declaration of Validity › Section 142-10-001 - Declaration of Validity

Current through June 17, 2024
If any article of this Act or any part of any Section shall
				  be declared invalid or unconstitutional, such declaration of invalidity shall
				  not affect the validity of the remaining portions thereof.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 144 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 144-1-002 - Prohibitions against ex parte communications

Current through June 17, 2024
002.01 Prohibitions; when applicable
The prohibitions found in this section shall apply beginning
				  at the time notice for hearing is given. An agency may designate an earlier
				  time, but such earlier time shall be required to be set forth in the agency's
				  rules of procedure.
002.02
Prohibitions; to whom applicable
002.02A Parties and public. No party in a
				contested case or other person outside the agency having an interest in the
				contested case shall make or knowingly cause to be made an
ex
				parte
communication to the hearing officer or to an agency head or
				employee who is or may reasonably be expected to be involved in the
				decisionmaking process of the contested case.
002.02B Persons in decisionmaking roles. No
				hearing officer or agency head or employee who is or may reasonably be expected
				to be involved in the decisionmaking process of the contested case shall make
				or knowingly cause to be made an
ex parte
communication to any
				party in a contested case or other person outside the agency having an interest
				in the contested case.
002.02C
				Investigators. No agency head or employee engaged in the investigation or
				enforcement of a contested case shall make or knowingly cause to be made
				an
ex parte
communication to a hearing officer or agency head
				or employee who is or may reasonably be expected to be involved in the
				decisionmaking process of the contested case.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 144 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 144-1-003 - Intervention in a contested case

Current through June 17, 2024
003.01 When allowed
Intervention in a contested case shall be allowed when the
				  following requirements are met:
003.01A A petition for intervention must be
				submitted in writing to the hearing officer or designee at least five days
				before the hearing. Copies must be mailed by the petitioner for intervention to
				all parties named in the hearing officers notice of the hearing;
003.01B The petition must state facts
				demonstrating that the petitioner's legal rights, duties, privileges,
				immunities, or other legal interests may be substantially affected by the
				proceeding or that the petitioner qualifies as an intervener under any
				provision of law; and
003.01C The
				hearing officer or designee must determine that the interests of justice and
				the orderly and prompt conduct of the proceedings will not be impaired by
				allowing the intervention.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 144 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 144-1-004 - Commencement of a contested case

Current through June 17, 2024
004.01 Commencement
In general, a contested case begins:
004.01A In Fair Housing Act matters, upon the
				issuance of a charge and notice of hearing by the Commission under Neb. Rev.
				Stat. §
										20-336(1).
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 144 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 144-1-005 - Hearing officer criteria

Current through June 17, 2024
005.01 Prehearing conference, delegation
An agency may be authorized by law to delegate to a hearing
				  officer other than the agency head or governing board the functions of
				  conducting a prehearing conference and/or a hearing and submitting a
				  recommended decision to the agency.
005.02 Service as or advice to hearing
				officer, when precluded
A person who has served as investigator, prosecutor, or
				  advocate in a contested case or in its prehearing stage may not serve as
				  hearing officer or assist or advise a hearing officer in the same proceeding
				  except as provided in subsection 005.04.
005.03 Delegation, when precluded
A person who is subject to the authority, direction, or
				  discretion of one who has served as investigator, prosecutor, or advocate in a
				  contested case or in its prehearing stage may not serve as hearing officer or
				  advise a hearing officer in the same proceeding except as provided in
				  subsection 005.04.
005.04
				Assist hearing officer by consent
If all parties consent, a person who has served as, or who
				  is subject to the authority, direction, or discretion of one who has served as
				  investigator, prosecutor, or advocate in a contested case or in its prehearing
				  stage may assist a hearing officer in the preparation of
				  orders.
005.05 Participation
				in case; probable cause
A person who has participated in a determination of probable
				  cause or other equivalent preliminary determination in a contested case may
				  serve as hearing officer or assist or advise a hearing officer in the same
				  proceeding.
005.06
				Participation in case in successive stages
A person may serve as hearing officer at successive stages
				  of the same contested case.
005.07 Withdrawal by Hearing Officer
Any hearing officer may, after being designated by the
				  Commission to conduct a public hearing in a contested case, withdraw from the
				  conduct of such public hearing by written request to the Commission stating the
				  reasons that he or she is unable to conduct a hearing and, upon receipt of such
				  written request, the Commission shall select another hearing officer to conduct
				  the hearing and shall promptly advise all parties by certified mail of the name
				  of the person so selected as hearing officer.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 144 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 144-1-006 - Prehearing Procedures

Current through June 17, 2024
006.01 Prehearing conferences and orders
A hearing officer designated to conduct a hearing may
				  determine, subject to the agency's rules and regulations, whether a prehearing
				  conference will be conducted. If a prehearing conference is not held, a hearing
				  officer for the hearing may issue a prehearing order, based on the pleadings,
				  to regulate the conduct of the proceedings.
006.01A If a prehearing conference is
				conducted:
006.01A1 The hearing officer shall
				promptly notify the agency of the determination that a prehearing conference
				will be conducted. The agency may assign another hearing officer for the
				prehearing conference; and
006.01A2
				The hearing officer for the prehearing conference shall set the time and place
				of the conference and give reasonable written notice to all parties and to all
				persons who have filed written petitions to intervene in the matter. The agency
				shall give notice to other persons entitled to notice.
006.01A3 The notice referred to in subsection
				006.01A 2 shall include the following:
006.01A3(a) The names and mailing addresses
				of all parties and other persons to whom notice is being given by the hearing
				officer;
006.01A3(b) The name,
				official title, mailing address, and telephone number of any counsel or
				employee who has been designated to appear for the agency;
006.01A3(c) The official file or other
				reference number, the name of the proceeding, and a general description of the
				subject matter;
006.01A3(d) A
				statement of the time, place, and nature of the prehearing
				conference;
006.01A3(e) A statement
				of the legal authority and jurisdiction under which the prehearing conference
				and the hearing are to be held;
006.01A3(f) The name, official title, mailing
				address, and telephone number of the hearing officer for the prehearing
				conference;
006.01A3(g) A statement
				that a party who fails to attend or participate in a prehearing conference,
				hearing, or other stage of a contested case or who fails to make a good faith
				effort to comply with a prehearing order may be held in default under the
				Administrative Procedure Act; and
006.01A3(h) Any other matters that the
				hearing officer considers desirable to expedite the proceedings.
Source: Neb. Rev. Stat. §
														84-913.01
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 144 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 144-1-007 - Conducting a contested case hearing

Current through June 17, 2024
007.01 Order
At the discretion of the hearing officer, the hearing may be
				  conducted in the following order:
007.01A The hearing is called to order by the
				hearing officer. Any preliminary motions, stipulations or agreed orders are
				entertained.
007.01B Each party may
				be permitted to make an opening statement. Opening statements take place in the
				same order as the presentation of evidence.
007.01C Presentation of evidence.
007.01C1 Evidence will be received in the
				following order:
007.01C1(a) Evidence is
				presented by the complainant;
007.01C1(b) Evidence is presented by the
				respondent;
007.01C1(c) Rebuttal
				evidence is presented by the complainant; and
007.01C1(d) Surrebuttal evidence is presented
				by the respondent.
007.01C2 With regard to each witness who
				testifies, the following examination may be conducted:
007.01C2(a) Direct examination conducted by
				the party who calls the witness;
007.01C2(b) Cross-examination by the opposing
				party;
007.01C2(c) Redirect
				examination by the party who called the witness; and
007.01C2(d) Recross-examination by the
				opposing party.
007.01D After the evidence is presented, each
				party may have opportunity to make a closing argument. Closing arguments shall
				be made in the same order as the presentation of evidence. The hearing officer
				may request that the parties submit briefs in lieu of closing
				arguments.
007.01E The hearing
				officer may continue a hearing from day to day or adjourn it to a later date by
				announcement at the hearing or by appropriate notice to all parties.
007.01F To maintain decorum of the
				proceedings, the hearing officer may exclude from the hearing room or from
				further participation in the proceedings, any person, other than a party, who
				engages in improper conduct at the hearing.
007.01G At the request of either party, the
				hearing officer shall sequester witnesses from the hearing room, except that
				the hearing officer may
not
exclude a party who is a natural
				person, an officer or employee of a party that is not a natural person who is
				specifically designated as its representative, or an expert or other person
				shown by a party to be essential to the presentation of that party's
				case.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 144 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 144-1-008 - Decision and order in a contested case

Current through June 17, 2024
008.01 Generally
008.01A Every decision and order adverse to a
				party to the proceeding, rendered by an agency in a contested case, shall be in
				writing or stated in the record and shall be accompanied by findings of fact
				and conclusions of law.
Source: Neb. Rev. Stat. §
												84-915
008.01B Decision
				to include. The decision and order should include:
008.01B1 The name of the agency and name of
				the proceeding;
008.01B2 The time
				and place of the hearing;
008.01B3
				The names of all parties or their attorneys who entered an appearance at the
				hearing;
008.01B4 The findings of
				fact consisting of a concise statement of the conclusions upon each contested
				issue of fact;
008.01B5 The
				conclusions of law consisting of the applications of the controlling law to the
				facts found and the legal results arising therefrom; and
008.01B6 The order consisting of the action
				taken by the agency as a result of the facts found and the legal conclusions
				arising therefrom.
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 144 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 144-1-009 - Appeals

Current through June 17, 2024
009.01 Generally
Any person aggrieved by a final decision in a contested case
				  is entitled to judicial review under the Administrative Procedure
				  Act.
009.02 Method
Parties desiring to appeal an agency decision must file a
				  petition for review in the district court of the county where the agency action
				  is taken within thirty days after the service of the final decision by the
				  agency. The thirty day period for appeal commences to run from the date of
				  mailing of the notice of order and decision to the parties or their attorneys
				  of record. Service of the petition and summons must be made in accordance with
				  Nebraska law.
009.02A Fair Housing Act
				Venue. Venue of an appeal proceeding shall be in the county in which the
				discriminatory housing practice is alleged to have occurred.
Source; Neb. Rev. Stat. §
												20-339(1)
Nebraska Administrative Code › Topic - EQUAL OPPORTUNITY COMMISSION › Title 144 - NEBRASKA EQUAL OPPORTUNITY COMMISSION › Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR CONTESTED CASES › Section 144-1-010 - Constitutionality

Current through June 17, 2024
If any section of these rules and regulations or any part of
				  any section shall be declared invalid or unconstitutional, such declaration of
				  invalidity shall not affect the validity of the remaining portions
				  hereof.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 148 - STATE FIRE MARSHAL › Chapter 1 - DEFINITIONS › Section 148-1-001 - Liquefied petroleum gas

Current through June 17, 2024
Liquefied petroleum gas
, also known as
	 LPG means material composed predominantly of any of the following hydrocarbons
	 or mixtures of such hydrocarbons: Propane, propylene, butane (normal butane or
	 isobutane), and butylenes.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 148 - STATE FIRE MARSHAL › Chapter 1 - DEFINITIONS › Section 148-1-004 - Motor Vehicle

Current through June 17, 2024
Motor Vehicle
shall mean every
	 self-propelled land vehicle, not operated on rails, except for mopeds,
	 self-propelled chairs used by persons who are disabled, and electric personal
	 assistive mobility devices.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 148 - STATE FIRE MARSHAL › Chapter 1 - DEFINITIONS › Section 148-1-005 - Distributor

Current through June 17, 2024
Distributor
shall mean any individual,
	 partnership, wholesaler, corporation, or other legal relationship which stands
	 between the manufacturer and the retail seller in purchases, consignments or
	 contracts for sale of consumer goods.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 148 - STATE FIRE MARSHAL › Chapter 1 - DEFINITIONS › Section 148-1-007 - Sale

Current through June 17, 2024
Sale
shall mean any transfer of title or
	 possession or segregation in contemplation of transfer of title or possession,
	 barter, lease in any manner or by any means, of property for
	 consideration.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 148 - STATE FIRE MARSHAL › Chapter 2 - ENFORCEMENT › Section 148-2-001

Current through June 17, 2024
It shall be unlawful to distribute, sale, or use refrigerants
	 containing liquefied petroleum gas for use in mobile air-conditioning systems.
	 Any person(s) found in violation of this statute is guilty of a Class IV
	 misdemeanor.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 148 - STATE FIRE MARSHAL › Chapter 2 - ENFORCEMENT › Section 148-2-004

Current through June 17, 2024
Enforcement shall be done through an annual inspection of facilities
	 and service centers that install or service refrigerants in mobile
	 air-conditioning systems. The fee for this inspection shall be ninety-five
	 dollars ($ 95.00).
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 148 - STATE FIRE MARSHAL › Chapter 3 - SEVERABILITY › Section 148-3-001

Current through June 17, 2024
If any clause, paragraph, subsection or section of these regulations
	 shall be held invalid, it shall be conclusively presumed that the State Fire
	 Marshal would have enacted the remainder of these regulations not directly
	 related to such clause, paragraph, subsection or section.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 3 - Nebraska Amendments and Definitions › Section 153-3-01 - Definitions

Current through June 17, 2024
01.01 For the purposes of Title 153 the
  following definitions are used:
02.01A
  Building - Any structure used or intended for supporting or sheltering any use
  or occupancy.
02.01B One- and
  Two-Family Dwelling- A building containing not more than two dwelling units in
  which each dwelling unit is occupied by members of a single family with not
  more than six outsiders, if any, accommodated in rented rooms.
02.01C Agricultural Building. A building
  located on agricultural property used for sheltering farm implements, hay,
  grain, livestock, or other farm produce or equipment that is not used by the
  public and is designed to be occupied by not more than twenty
  persons.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 6 - FEATURES OF FIRE PROTECTION › Section 153-6-8 - Guidelines for Fire Alarm Inspector Certification - State Statute 28-1251

Current through June 17, 2024
6-8111. Any qualified person shall, except as
  provided in subsection (8) below, receive certification for a "Fire Alarm
  Inspector's License" after proving qualifications set forth by the State Fire
  Marshal. Qualifications shall be proved by successfully completing a written
  examination which measures the applicant's technical knowledge for the ability
  to inspect fire alarm systems.
6-8112. Minimum age of an applicant for fire
  alarm inspector shall be 19 years of age.
6-8113. The fire alarm inspector's test shall
  be taken every four (4) years.
6-8114. Fire alarm inspector's certification
  will run four (4) years from date of issuance.
6-8115. The fire alarm inspector's testing
  fee of $ 100.00 shall be sent in with an application or re-application to the
  State Fire Marshal's office in Lincoln, Nebraska at least three (3) days prior
  to the test.
6-8116. The fire alarm
  inspector's test shall be changed at least four (4) times per year by the State
  Fire Marshal.
6-8117. The fire
  alarm inspector's test shall be given monthly at different locations throughout
  the State. An applicant who has properly applied for the test may take the test
  unsuccessfully a maximum of two (2) times. After two unsuccessful attempts, the
  person must wait a minimum of six (6) months before re-applying for a fire
  alarm inspector certification. Any re-application must be accompanied with the
  $ 100.00 fee.
6-8118. The State
  Fire Marshal may deny an application for fire alarm inspector certification or
  revoke any fire alarm inspector's certificate for cause. Before any such denial
  or revocation, the State Fire Marshal shall give the affected individual notice
  and conduct a hearing pursuant to Chapter 84, Article 9 of the Nebraska Revised
  Statutes. Any person aggrieved by a decision of the State Fire Marshal may
  appeal such action pursuant to Chapter 84, Article 9 of the Nebraska Revised
  Statutes.
6-8119. The fire alarm
  inspector's test will be given by State Fire Marshal personnel and will be sent
  by State Fire Marshal personnel giving the test to the State Fire Marshal's
  office in Lincoln, Nebraska for grading.
6-81110. The State Fire Marshal's office will
  grade the fire alarm inspector's test within two (2) weeks after date of test
  and send notification to fire alarm inspector applicants as to passing or
  failing of test. Certification will be issued upon obtaining an 80% passing
  grade on the fire alarm inspector's test. Such tests shall be kept in the
  custody of the State Fire Marshal and will not be open to public
  inspection.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 17 - NEW TANK INSTALLATION PERMIT AND FEE REQUIREMENTS ABOVEGROUND STORAGE TANKS STORING CLASS I AND CLASS II FLAMMABLE LIQUIDS › Section 153-17-001 - Tank Installation Permit

Current through June 17, 2024
001.01 Owners/operators shall obtain an
  installation permit for all new and replacement tank and piping installations.
001.0lA. Applications for installation
  permits shall be provided by and filed with the State Fire Marshal's office.
  Submission of a detailed site plan and a $ 50.00 inspection fee must be made at
  least ten (10) working days prior to the proposed installation. The $ 50.00 fee
  is per installation, regardless of the number of tanks involved.
001.0lB. Tank installations shall meet all
  the applicable criteria set out in the NFPA codes promulgated by the State Fire
  Marshal.
001.0IC. Notification of
  date and time of Installation shall be given to the State Fire Marshal
  Flammable Liquids Division at least 24 hours prior to
  installation.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 17 - NEW TANK INSTALLATION PERMIT AND FEE REQUIREMENTS ABOVEGROUND STORAGE TANKS STORING CLASS I AND CLASS II FLAMMABLE LIQUIDS › Section 153-17-002 - Permit Denial and Revocation

Current through June 17, 2024
Persons whose application for a permit is denied or revoked shall have
	 the right to request a hearing under procedures established by the State Fire
	 Marshal. When the State Fire Marshal has reason to believe that a
	 permltholder's activities create an immediate threat to public safety, a permit
	 may be suspended until the hearing process is complete. Any person aggrieved by
	 a final decision of the State Fire Marshal may appeal such action pursuant to
	 State Statutes
	 84-917
	 to
	 84-919,
	 N.R.S.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 19 - WATER-BASED FIRE PROTECTION SYSTEMS › Section 153-19-001 - Certification Required

Current through June 17, 2024
001.01 Definitions
(1)
Responsible Managing
  Employee
means an individual person employed full-time by the
  water-based fire protection system contractor who (a) is currently certified by
  the National Institute for Certification in Engineering Technologies (NICET) at
  a Level III or Level IV in fire protection engineering technology, automatic
  sprinkler layout, or another nationally recognized certification in an
  automatic sprinkler system layout recognized by the State Fire Marshal, (b) has
  completed and passed an examination administered by the State Fire Marshal, and
  (c) is an owner, partner, or officer or in a management position of a
  contractor.
(2)
Water-Based Fire Protection System
means a system of
  overhead piping:
(a) Designed in accordance
  with fire protection engineering standards, usually activated by heat from a
  fire and which, when activated, discharges water over the fire area;
(b) supplied by an acceptable water supply;
(c) which is specially sized or
  hydraulically designed and installed in a building, structure, or fire area to
  which fire sprinklers are connected; and
(d) which includes a controlling valve and
  usually a device for actuating an alarm when the system is in operation. Only
  the portion of the water-based fire protection system which is separate from
  the domestic water system is considered the water-based fire protection system.
  Water-based fire protection systems include wet-pipe systems, dry pipe systems,
  foam-water systems, pre-action systems, deluge systems, combined dry pipe and
  pre-action systems, stand-pipe systems, combined stand-pipe and sprinkler
  systems, water-spray fixed systems, fire pumps, fire-protection water storage
  tanks, antifreeze systems, and circulating closed-loop systems.
(3)
Water-Based Fire
  Protection System Contractor
means a person engaged in the
  business of installation, repair, alteration, addition, maintenance, or
  inspection of water-based fire protection systems. However, it does not include
  (a) individuals employed by and working under the direction of a contractor or
  local building officials, fire inspectors, or insurance inspectors when acting
  in their official capacity. Under
Neb. Rev. Stat.
49-801(16), a person shall include bodies politic and corporate, societies,
  communities, the public generally, individuals, partnerships, limited liability
  companies, joint-stock companies, and associations.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 19 - WATER-BASED FIRE PROTECTION SYSTEMS › Section 153-19-002 - Working Plans

Current through June 17, 2024
002.01 Working plans and hydraulic
  calculations are to be prepared in accordance with currently adopted National
  Fire Protection Association (NFPA) standards and these plans and calculations
  shall be submitted to the State Fire Marshal or his delegated authority for
  following,
(a) all new water-based fire
  protection systems.
(b) all changes
  to special systems such as Large Drop or Early Suppression/Fast Response
  (ESFR).
(c) all modifications to a
  water-based fire protection system that involve adding or relocating more than
  ten (10) sprinkler heads.
(d) all
  changes to systems where the required system demand (flow or pressure) is
  affected by ten percent (10%) or more.
Information about or examination of the NFPA guidelines is available by
	 contacting either the Fire Marshals main office in Lincoln at (402) 471-2027,
	 or the District B Office in Albion at (402) 395-2164 or the District C Office
	 in North Platte at (308) 535-8181 or at the local delegated authorities at the
	 following cities, Beatrice - (402) 228-3306, Bellevue - (402) 293-3153, Grand
	 Island - (308) 385-5444 ext. 220, Lincoln - (402) 441-7791, Norfolk - (402)
	 644-8739, North Platte - (308) 534-7728, Omaha - (402) 444-5710, Scottsbluff
	 -(308) 630-6205.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 19 - WATER-BASED FIRE PROTECTION SYSTEMS › Section 153-19-004 - Periodic Inspections

Current through June 17, 2024
004.01 In order to assure compliance with,
  and aid in the implementation of state and local building laws and regulations,
  all water-based fire protection systems shall be inspected annually by a
  Water-Based Fire Protection System Contractors Representative. Small domestic
  systems with two (2) sprinklers or fewer are not required to be inspected
  annually.
004.02 The currently
  adopted edition of NFPA - No. 25, A
Standards for the
  Inspection, Testing, and Maintenance of Water-Based Fire Protection
  Systems
@ shall provide the basis for the inspection
  procedures to be performed.
004.03
  Upon completion of the annual inspection, the Water-Based Fire Protection
  System Contractors Representative shall complete a Nebraska State Fire Marshal
  Fire Sprinkler Inspection Form,
see ATTACHMENT C
. The form is
  to be signed by a qualified inspector and the building owner or a
  representative of the building owner. Each inspection report shall bear the
  serial numbers of the identification tag. A copy of the form is to be
  maintained at the system riser with a duplicate forwarded to the State Fire
  Marshals Office.
Please refer to the following National Fire Protection Association
	 (NFPA) Codes. Information about or the examination of these documents are
	 available from the State Fire Marshals Office in Lincoln, Albion, or North
	 Platte and the delegated authority in Beatrice, Bellevue, Grand Island,
	 Lincoln, Norfolk, North Platte, Omaha, and Scottsbluff.
1. Installation of Sprinkler Systems - NFPA
  13 (1994 Edition)
2. Sprinkler
  Systems in One and Two Family Dwellings and Manufactured Homes - NFPA 13D (1994
  Edition)
3. Sprinkler Systems in
  Residential Occupancies Up to and Including Four Stories in Height - NFPA 13R
  (1994 Edition)
4. Installation of
  Standpipe and Hose System - NFPA 14 (1996 Edition)
5. Water Spray Fixed Systems - NFPA 15 (1990
  Edition)
6. Deluge Foam-Water
  Sprinkler Systems and Foam-Water Spray Systems NFPA 16 (1995 Edition)
7. Installation of Closed-Head Foam Water
  Sprinkler Systems NFPA 16A (1994 Edition)
8. Installation of Centrifugal Fire Pumps -
  NFPA 20 (1993 Edition)
9. Water
  Tanks for Private Fire Protection - NFPA 22 (1996 Edition)
10. Installation of Private Fire Service
  Mains - NFPA 24 (1995 Edition)
11.
  Water-Based Fire Protection Systems - NFPA 25 (1995 Edition)
12. General Storage - NFPA 231 (1995
  Edition)
13. Rack Storage of
  Materials - NFPA 231C (1995 Edition)
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 20 - FEES FOR INSPECTION FOR FIRE SAFETY › Section 153-20-001 - Statement of Purpose

Current through June 17, 2024
The purpose of this Chapter is to implement the provisions of
Neb.Rev.Stat.
§
									81-505.01
	 (1999 Reissue) concerning fees for inspection for fire
	 safety.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 20 - FEES FOR INSPECTION FOR FIRE SAFETY › Section 153-20-002 - Definitions

Current through June 17, 2024
Unless otherwise specified, definitions of the words or terms contained
	 in this Chapter shall be the same as those set forth in Chapter 3 of this
	 Title.
002.01 State Fire Marshal shall
  also mean the appropriate State Fire Marshal delegated authority.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 20 - FEES FOR INSPECTION FOR FIRE SAFETY › Section 153-20-003 - Fee Schedule for Inspections for Fire Safety Effective April 1, 2004

Current through June 17, 2024
003.01 Initial inspection shall be defined as
  the first visit and one follow-up visit, if necessary, to determine whether any
  deficiencies, noted on the first visit, have been corrected.
003.02
Hospitals
The fee for the initial inspection shall be $ 50.00
for a
	 facility with up to 50 beds. A hospital facility with 51 to 100 beds will be
	 charged a fee of $ 100.00. A hospital facility with 101 beds or more will be
	 charged a fee of $ 150.00
. The fee for each reinspection shall be
	 assessed on the basis of the time spent by the State Fire Marshal or by
	 qualified local fire prevention personnel to whom the State Fire Marshal has
	 delegated authority to perform fire safety inspection
	 services.
003.03
Health Care Facilities
Health care facilities as described in
Neb
.
Rev
.
Stats.
§§
										71-401
	 to
	 71-463 also
	 known as the
Health Care Facilities Licensure Act
will be
	 inspected. The fee for the initial inspection shall be $ 50.00
for a
	 health-care facility with up to 50 beds. A health-care facility with 51 to 100
	 beds will be charged a fee of $ 100.00. A health-care facility with 101 beds or
	 more will be charged a fee of $ 150.00
. The fee for each reinspection
	 shall be assessed on the basis of the time spent by the State Fire Marshal or
	 by qualified local fire prevention personnel to whom the State Fire Marshal has
	 delegated authority to perform fire safety inspection
	 services.
003.04
Licensed Liquor Establishments
The fee for the initial inspection shall be $ 50.00 per license for
	 non-consumption establishments and $ 75.00 per license for consumption
	 establishments. The fee for each reinspection shall be $ 50.00 per license for
	 both non-consumption and consumption establishments.
003.05
Mobile Home
  Parks
The fee for the initial inspection shall be $ 75.00.
003.06
Child Care
  Facilities
The fee for the initial inspection shall be $ 40.00 for facilities
	 with a population of 1 to 8 children; $ 50.00 for facilities with a population
	 of 9 to 12 children and $ 60.00 for facilities with a population of 13 or more
	 children. The fee for each reinspection shall be $ 40.00 for all facilities
	 regardless of population.
003.07
Foster Care
  Homes
The fee for the initial inspection and each reinspection of a foster
	 care home shall be $ 20.00.
003.08
Investigative
  Reports
The fee for providing investigative reports shall be $ 3.00 plus the
	 actual cost of copying per report.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 20 - FEES FOR INSPECTION FOR FIRE SAFETY › Section 153-20-004 - Certificate of Occupancy

Current through June 17, 2024
Upon completion of a fire safety inspection, the State Fire Marshal or
	 appropriate State Fire Marshal delegated authority shall issue a Certificate of
	 Occupancy in accordance with Section .002 of Chapter 22 of this
	 Title.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 21 - REVIEW AND APPROVAL OF PLANS AND FEES ASSESSED › Section 153-21-001 - Statement of Purpose

Current through June 17, 2024
This Chapter implements the provisions of Section
	 81-505.01,
	 Neb. Rev. Stat. 81505.01 (2021) dealing with review and approval of plans,
	 specifications, and other data and the fees assessed
	 therefor.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 21 - REVIEW AND APPROVAL OF PLANS AND FEES ASSESSED › Section 153-21-002 - Definitions

Current through June 17, 2024
Unless otherwise specified, definitions of words or terms contained in
	 this Chapter match those set forth in Chapter 3 of this Title.
02.01. State Fire Marshal also mean s
  appropriate State Fire Marshal delegated authority.
02.02. Plans means all information necessary
  to determine compliance with rules and regulations of the State Fire
  Marshal.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 21 - REVIEW AND APPROVAL OF PLANS AND FEES ASSESSED › Section 153-21-003 - Review and Approval of Plans

Current through June 17, 2024
03.01
Scope and Application.
No person, partnership or
  corporation will erect, construct, enlarge, alter, repair, improve, or convert,
  any building or structure or cause the same to be done without first submitting
  plans for review and approval by the State Fire Marshal .
03.01A Each Fire Protection Feature (fire
  alarm, fire sprinkler, fire main, or specifications) plan will be individually
  submitted to and reviewed by the State Fire Marshal.
03.01B Exempted Work. A building plans review
  will not be required for apartment buildings with less than three dwelling
  units.
03.01C The State Fire
  Marshal may waive the submission of plans if it is found that the nature of the
  work is such that a review of plans is not necessary to obtain compliance with
  the rules and regulations of the State Fire Marshal.
03.01D Such waiver does grant authorization
  for any work to be done or systems to be operated, in any manner, in violation
  of the provisions of the State Fire Marshal or any other applicable laws,
  rules, regulations or ordinances.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 21 - REVIEW AND APPROVAL OF PLANS AND FEES ASSESSED › Section 153-21-004 - Fees for Review and Approval of Plans

Current through June 17, 2024
04.01.
Fees to be assessed.
A review fee of $ 2.50 will be assessed for every $10, 000.00 of total
	 value of the proposed structure or improvement, up to a maximum review fee of $
	 500.00.
04.02. "Total Value
  of Proposed Structure or Improvement" is the actual cost, contract price, or
  bid construction cost. For the purposes of a timely plan review, cost estimates
  may be used to assess the fee prior to actual bidding and construction.
  Significant increased changes in the actual cost as compared to the cost
  estimate submitted will result in a modified fee being assessed to the
  submitting party . When considering bid estimates, all bid alternates
  increasing the cost of the contract price will be included for determining the
  fee whether the alternates are accepted or not.
04.03. A n additional plans review fee will
  be assessed at the full rate set forth in Section 04 .01 of this Chapter for
  all plans resubmitted, whether as a result of :
1) a disapproval;
2) incompleteness;
3) or because of major revision by the
  owner/designated representative.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 153 - STATE FIRE MARSHAL › Chapter 22 - CERTIFICATE OF OCCUPANCY › Section 153-22-002 - Certificate of Occupancy

Current through June 17, 2024
002.01 Use or Occupancy
No building or structure shall be used or occupied, and no change in
	 the existing occupancy classification of a building or structure or portion
	 thereof shall be made until the State Fire Marshal has issued a Certificate of
	 Occupancy therefor.
002.02
  Issuance of Certificate
The owner or his authorized representative shall notify the State Fire
	 Marshal's office in writing for request of a final inspection prior to
	 occupancy of the building or applicable affected portion thereof. After a final
	 inspection of the completed structure when it is found that the building or
	 structure complies with the rules and regulations of the State Fire Marshal and
	 other laws which are enforced by the State Fire Marshal, the State Fire Marshal
	 shall issue a Certificate of Occupancy.
002.03 Temporary Certificate
If the State Fire Marshal finds that no substantial hazard will result
	 from occupancy of any building or portion thereof before the same is completed,
	 he may issue a temporary Certificate of Occupancy for the use of a portion or
	 portions of a building or structure prior to the completion of the entire
	 building or structure.
002.04 Posting
The Certificate of Occupancy shall be posted in a conspicuous place on
	 the premises and shall not be removed except by the State Fire
	 Marshal.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 1 - REGULATIONS PURSUANT TO THE NEBRASKA NATURAL GAS PIPELINE SAFETY ACT OF 1969 › Section 155-1-001

Current through June 17, 2024
Federal regulations adopted by reference are Title 49 of the Code of
	 Federal Regulations, Parts 191, 192, 193, 196 and 199, revised as of April 1,
	 2019.
001.01. Copies of the federal
  regulations are on file at the office of the Nebraska State Fire Marshal, 246
  South 14th Street, Lincoln, NE or at the office of the Secretary of State,
  Division of Rules and Regulations in the Nebraska State Capitol.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 1 - REGULATIONS PURSUANT TO THE NEBRASKA NATURAL GAS PIPELINE SAFETY ACT OF 1969 › Section 155-1-002

Current through June 17, 2024
At the earliest practicable moment following discovery, but no later
	 than one hour after confirmed discovery of any reportable incident as defined
	 in section 002.01- 002.02E, an operator shall notify the State Fire Marshal
	 Pipeline Safety Division.
002.01.
  Reportable incidents, either before or past the meter are: An event that
  involves a release of gas from a pipeline or a release from an LNG facility
  that results in one or more of the following consequences:
002.01A. A death or personal injury
  necessitating in-patient hospitalization.
002.01B. Estimated property damage of $
  50.000.00 or more, including loss to the operator and others, or both; but
  excluding cost of gas lost.
002.01C. Unintentional estimated gas loss of
  three million cubic feet or more.
002.01D. An event that results in an
  emergency shutdown of an LNG facility. Activation of an emergency shutdown
  system for reasons other than an actual emergency does not constitute an
  incident.
002.02E. Any failure
  which results in the explosion or ignition of natural gas before or after the
  meter.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 1 - REGULATIONS PURSUANT TO THE NEBRASKA NATURAL GAS PIPELINE SAFETY ACT OF 1969 › Section 155-1-003

Current through June 17, 2024
Within 48 hours after the confirmed discovery of an incident, to the
	 extent practicable, an operator must revise or confirm its initial telephonic
	 notice required in paragraph ( 002.01) of this section with(1) an estimate of
	 the amount of product released (3) an estimate of the number of fatalities and
	 injuries(2) and all other significant facts that are known by the operator that
	 are relevant to the cause of the incident or extent of the damages. If there
	 are no changes or revisions to the initial report, the operator must confirm
	 the estimates in its initial report.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 1 - REGULATIONS PURSUANT TO THE NEBRASKA NATURAL GAS PIPELINE SAFETY ACT OF 1969 › Section 155-1-004

Current through June 17, 2024
At the earliest practicable moment following discovery, but no later
	 than one hour after confirmed discovery of any reportable events that occur on
	 regulated pipeline as defined in section 004.01- 004.03C, an operator shall
	 notify the State Fire Marshal Pipeline Safety Division. These event
	 include:
004.01 An event that results
  in a natural gas release due to over-pressure, excavation damage, outside force
  damage, or natural force damage. Natural force damage includes but is not
  limited to: earth movement; earthquakes; lightning; flooding; high winds;
  tornado; or similar natural causes.
004.02 An event that has or will interrupt
  natural gas service to 20 or more customers. This does not include scheduled or
  planned maintenance.
004.03 An
  event related to a natural gas release that results in the evacuation of:
004.03A Four or more one or two family
  dwellings; or
004.03B One or more
  multifamily dwellings; or
004.03C
  Any evacuation of a business, public building or public gathering.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 1 - REGULATIONS PURSUANT TO THE NEBRASKA NATURAL GAS PIPELINE SAFETY ACT OF 1969 › Section 155-1-005

Current through June 17, 2024
Each report required by Title 49 of the Code of Federal Regulations,
	 Part 191 adopted herein shall be submitted in duplicate to the Nebraska State
	 Fire Marsha! Pipeline Safety Division.
005.01 One copy of the annual report
  submitted pursuant to 0035 above will be transmitted to the Pipeline and
  Hazardous Materials Safety Administration and to the Nebraska State Fire
  Marshal no later than March 15, for data from the preceding calendar
  year.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 1 - REGULATIONS PURSUANT TO THE NEBRASKA NATURAL GAS PIPELINE SAFETY ACT OF 1969 › Section 155-1-006

Current through June 17, 2024
One hundred eighty (180) days after the effective date of this rule
	 each operator shall provide the following documents to the Nebraska State Fire
	 Marshal Pipeline Safety Division in an acceptable digital format, unless the
	 operator can show cause to provide these documents in another format as
	 follows:
006.01 The following
  procedures, plans and programs shall be submitted annually: Operations and
  Maintenance Procedures, Emergency Plans, Damage Prevention, and
006.02 Operation maps for distribution and
  transmission systems shall be submitted every five (5) years or as
  requested.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 1 - REGULATIONS PURSUANT TO THE NEBRASKA NATURAL GAS PIPELINE SAFETY ACT OF 1969 › Section 155-1-007

Current through June 17, 2024
If a gas operator cannot provide digital copies of the documents
	 required in Paragraph 006 of this chapter, the gas operator shall make a
	 written request to the Nebraska State Fire Marshal Pipeline Safety Section for
	 approval of alternate submission methods.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 1 - REGULATIONS PURSUANT TO THE NEBRASKA NATURAL GAS PIPELINE SAFETY ACT OF 1969 › Section 155-1-008

Current through June 17, 2024
Within seven (7) calendar days after a gas operator changes ownership
	 of a natural gas system or a gas operator makes changes in operational or
	 maintenance provider ship, the gas operator shall give notice to the Nebraska
	 State Fire Marshal Pipeline Safety Section.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 2 - REQUIREMENTS FOR STATEWIDE ONE-CALL NOTIFICATION CENTER › Section 155-2-001

Current through June 17, 2024
These regulations shall apply to the operating procedures of the
	 state-wide one-call center and the qualifications, appointment, retention, and
	 composition of the board of directors.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 2 - REQUIREMENTS FOR STATEWIDE ONE-CALL NOTIFICATION CENTER › Section 155-2-004

Current through June 17, 2024
The center shall be established and equipped to process excavation
	 notifications required by the One-Call Notification System Act.
004.01. The center shall establish a
  toll-free telephone number for purpose of receiving excavation
  notifications.
004.02. Upon receipt
  of an excavation notification, the center shall require the following
  information from the person making the notification:
004.02A. The name and telephone number of the
  person making the notification;
004.02B. The name, address, and telephone
  number of the excavator;
004.02C.
  The location of the area of the proposed excavation, including the range,
  township, section, and quarter section, unless the area is within the corporate
  limits of a city or village, in which case the location may be by street
  address;
004.02D. The date and time
  excavation is scheduled to commence;
004.02E. The depth of excavation;
004.02F. The type and extent of excavation
  being planned, including whether the excavation involves tunneling or
  horizontal boring; and
004.02G.
  Whether the use of explosives is anticipated.
Nebraska Administrative Code › Topic - FIRE MARSHAL, STATE › Title 155 - STATE FIRE MARSHAL › Chapter 2 - REQUIREMENTS FOR STATEWIDE ONE-CALL NOTIFICATION CENTER › Section 155-2-005

Current through June 17, 2024
The center shall inform the excavator of all operators to whom the
	 excavation notification will be transmitted and shall promptly transmit such
	 notice to every operator having an underground facility in the area of intended
	 excavation.
005.01. The center shall
  assign an identification number to each excavation notice it receives, and
  shall maintain a record of each notice of intent to excavate and all location
  requests for a minimum of five years. Such records will be made available and
  printed upon request from an operator or excavator.
005.02. The excavation notice shall be
  transmitted to operators and excavators as a ticket. The standard start time
  for excavation activities shall be 12:00 a.m. (Midnight) two business days
  after the date on which the ticket was transmitted to the operator.
005.02A. If an excavator provides a start
  time on the submitted information to the center that is beyond the two business
  day requirement this shall be deemed to automatically constitute a mutually
  agreed upon start time for that ticket.