reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 6 - STATE ENFORCEMENT › Section 107-6-003

Current through June 17, 2024
If the Office finds, within two years of the date a building
				  is first occupied, that the building, at the time of construction, did not
				  comply with the Nebraska Energy Code, the Office may order the owner or prime
				  contractor to take those actions necessary to bring the building into
				  compliance.
Nebraska Administrative Code › Topic - STATE ENERGY OFFICE › Title 107 - STATE ENERGY OFFICE › Chapter 6 - STATE ENFORCEMENT › Section 107-6-004

Current through June 17, 2024
The Office shall investigate complaints by building owners
				  regarding substandard construction in areas outside the jurisdiction of a local
				  code, and shall order corrective action where warranted, as set forth in Neb.
				  Rev. Stat. §
									81-1616.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 1 - Rules of Practice and Procedure for Hearings in Contested Cases Before the Patrol › Section 272-1-001 - General

Current through June 17, 2024
001.01. Application of Model Rules. Pursuant
				to Neb. Laws 1994, LB 446, the Attorney General promulgated model rules of
				procedure appropriate for use by as many agencies as possible. For rules of
				procedure adopted on or after August 1,1994, each agency shall adopt as many of
				the model rules as is practicable under the circumstances. Agencies may adopt
				regulations which vary from the model rules; however, any agency adopting a
				rule of procedure that differs from the model rule shall include in the
				agency's explanatory statement the reasons why the relevant portions of the
				Attorney General model rules are impracticable under the circumstances.
The Nebraska State Patrol adopts the model rules with no
				  material modifications.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 2 - ADMINISTRATION OF THE SECURITY, PRIVACY, AND DISSEMINATION OF THE CRIMINAL HISTORY INFORMATION ACT › Section 272-2-001 - DEFINITIONS

Current through June 17, 2024
001.01 The following words and terms, when
				used in this Chapter, have the following meanings.
001.02
Act
-
Neb. Rev. Stat.,
§
									29-3501
				to 3528.
001.03
Administration of criminal justice
- as defined by
				Neb. Rev. Stat. §
									29-3504.
001.04
Commission
-
				as defined by Neb. Rev. Stat. §
									29-3505.
001.05
Criminal history record
				information
- as defined by Neb. Rev. Stat. §
									29-3508.
001.06
Complete
-
				With reference to criminal history record information, as defined by Neb. Rev.
				Stat. §
									29-3507.
001.07
Complete history record
				information system
- as defined by Neb. Rev. Stat. §
									29-3508.
001.08
Criminal justice
				agency
- as defined by Neb. Rev. Stat. §
									29-3509.
001.09
Direct access
- as defined by Neb. Rev. Stat. §
									29-3510.
001.10
Disposition
-
				as defined by Neb. Rev. Stat. §
									29-3511
001.11
Intelligence
				information
- Information concerning practices, characteristics,
				habits, possessions, associations or financial status, of any person reasonably
				suspected of criminal activity.
001.12
Investigative
				Information
- Information assembled as a result of the performance
				of any inquiry, formal or informal, into a criminal incident or an allegation
				of criminal wrongdoing and may include modus operandi information. As used in
				these regulations, this term includes information concerning internal affairs
				investigations and disciplinary files of the respective agencies.
001.13
Operator
- as
				defined by Neb. Rev. Stat. §
									29-3512.
001.14
Patrol
-
				Means the Nebraska State Patrol
001.15
Person
- as
				defined by Neb. Rev. Stat. §
									29-3513.
001.16
Person in
				interest
- as defined by Neb. Rev. Stat. §
									29-3514.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 2 - ADMINISTRATION OF THE SECURITY, PRIVACY, AND DISSEMINATION OF THE CRIMINAL HISTORY INFORMATION ACT › Section 272-2-002 - COMPLETENESS AND ACCURACY

Current through June 17, 2024
002.01 As to each
				written indication, contained in a repository's records that a criminal change
				has been brought against an individual, the repository will complete an
				accurate criminal record as to that charge.
002.02 A complete and accurate criminal
				history record includes:
002.02A The full name
				and aliases of the individual charged.
002.02B An accurate statement of the crime
				charged, including the title of the offense.
002.02C The final or latest disposition of
				the charge.
002.02D Any sentence
				imposed.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 2 - ADMINISTRATION OF THE SECURITY, PRIVACY, AND DISSEMINATION OF THE CRIMINAL HISTORY INFORMATION ACT › Section 272-2-003 - DISSEMINATION

Current through June 17, 2024
003.01 For purposes of dissemination, the
				following are public records:
003.01A Complete
				criminal history record information;
003.01B Posters, announcements, lists for
				identifying or apprehending fugitives or wanted persons, photographs taken in
				conjunction with an arrest for purposes of identification of an arrested
				person;
003.01C Original records of
				entry such as police blotters, offense reports, or incident reports;
003.01D Court records of any judicial
				proceedings;
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 2 - ADMINISTRATION OF THE SECURITY, PRIVACY, AND DISSEMINATION OF THE CRIMINAL HISTORY INFORMATION ACT › Section 272-2-004 - UNIFORM SCHEDULE OF FEES

Current through June 17, 2024
004.01 Individuals
				and noncriminal justice agencies and organizations requesting Nebraska criminal
				history record information, whether for individual access and review or for
				other purposes will pay a nonrefundable fee of $
				15.00
				for each request made. For requests which require a search of both state and
				federal records, the fee will be $
				16.00
				in addition to the fee charged by the Federal Bureau of Investigation. Fees may
				be paid by cash, check or money order to the Nebraska State Patrol. With prior
				approval, fees may able be paid by electronic and wire transfers or by state
				approved credit and debit cards. The Superintendent, at his or her discretion
				under appropriate circumstances, may waive the fee.
004.02 Effective September 1, 2016, the fee
				decreases to $
				12.50
				for each request for a state record and increases to $
				35.25
				in addition to the fee charged by the Federal Bureau of Investigation for each
				search requiring both a state and national record. Criminal history record
				information can also be requested and paid for online with a credit card or
				electronic check. Convenience fees may apply.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 2 - ADMINISTRATION OF THE SECURITY, PRIVACY, AND DISSEMINATION OF THE CRIMINAL HISTORY INFORMATION ACT › Section 272-2-005 - ACCESS AND REVIEW

Current through June 17, 2024
005.01 Complete
				criminal history record information will be a public record open to inspection
				and copying by any person during normal daylight business hours, excluding
				weekends and holidays.
005.02 Any
				person in interest, will be entitled to review criminal history record
				information for determining its accuracy and completeness. The applicant will
				provide verification of identity which includes name, date and place of birth
				and, when identification is doubtful, a set of fingerprint impressions may be
				taken by the agency. The review authorized by this chapter is limited to a
				review of criminal history record information. Upon payment of the fee
				specified in Section 004 of this chapter, the person in interest may obtain a
				copy of the criminal history record information.
005.03 Any person in interest who finds that
				the criminal history information is inaccurate or incomplete, may seek
				administrative review as provided in Rules and Regulations #1 of the
				Commission.
005.04 If the requested
				criminal history record or other public record, as defined in this regulation
				is not in the custody or control of the person to whom application is made,
				such person will notify the applicant immediately. If requested by the
				applicant, such notification will be in writing stating the agency, if known,
				which has custody or control of the record in question. If the criminal history
				record or public record is in custody and control of the person to whom
				application is made but is not available at the time the applicant asks to see
				it, the custodian will notify the applicant and if requested by the applicant,
				the custodian will set a date and hour within three working days at which time
				the record will be available for inspection. A request for criminal history
				information on more than twenty subjects will be completed within 15 working
				days.
005.05 A request by mail for
				a copy of a complete criminal history record information by a person not the
				subject of the record, will be notarized and include a check or money order for
				the amount specified in section 004 of this chapter.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 3 - CARRIER ENFORCEMENT DIVISION › Section 272-3-001 - WEIGHING OF PICKUP TRUCKS WITH A FACTORY RATED CAPACITY OF ONE TON OR LESS TOWING VEHICLES

Current through June 17, 2024
001.01 Pickup
				trucks towing vehicles, except those vehicles classified as recreational
				vehicles by Neb. Rev. Stat. §
									71-4603(19),
				are not exempt from the provisions of Neb. Rev. Stat. §
									60-1308,
				and are required to stop at open State weighing stations.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 5 - SCOPE AND DEFINITIONS › Section 272-5-003 - Definitions

Current through June 17, 2024
003.01 Person
"Person" shall mean any individual, firm, co-partnership,
				  corporation, association, joint stock association, and including any trustee,
				  receiver, assignee or personal representative thereof.
003.02 Business Enterprise
"Business Enterprise" shall mean any corporation,
				  partnership, limited liability company, company, or joint stock company.
003.02A "Business Premises" shall mean the
				premises or property on which the explosive materials are manufactured,
				imported, stored, or distributed and shall include the premises or property
				where the records pertaining to the explosives are kept if different than the
				premises or property where the explosives are received or stored.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 5 - SCOPE AND DEFINITIONS › Section 272-5-004 - Permit - Application

Current through June 17, 2024
Application for a permit shall be made to the Nebraska State
				  Patrol on forms prescribed and provided by the Nebraska State Patrol and shall
				  contain such information as the Nebraska State Patrol may require.
004.1 First time applicants shall file along
				with their application verification that the applicant has filed for a check of
				his or her criminal history. Applications, fees and instructions may be
				obtained by contacting the Nebraska State Patrol Headquarters, Lincoln,
				Nebraska. The applicant shall be fingerprinted and the fingerprints submitted
				to the Nebraska State Patrol for a criminal history check. These fingerprints
				may be taken at police or sheriff agencies other than the Nebraska State
				Patrol. If no disqualifying record is located at the state level, the
				fingerprints shall be forwarded by the Patrol to the Identification Division of
				the Federal Bureau of Investigation for a national criminal history record
				check.
004.2 The application shall
				not be issued unless the applicant has demonstrated and certified in writing
				that he or she is familiar with all published laws of this state and published
				local ordinances relating to the use of explosive materials applicable at the
				place or places he or she intends to use such explosive materials.
004.3 The applicant shall have demonstrated
				that he or she has adequate knowledge, training, and experience in the use of
				explosive materials of the class and type for which he or she seeks a users
				permit and has passed a qualifying examination or test, as prescribed by the
				Nebraska State Patrol, concerning the use of explosive materials and the
				pertaining laws and the rules and regulations concerning the use of explosives
				in the State of Nebraska. The applicant shall have a test score of 80% or
				better on the test to be issued a permit. An applicant who fails this test but
				has no other disqualifying criteria may retake the test after 7 days unless the
				waiting period is waived by the Nebraska State Patrol.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 5 - SCOPE AND DEFINITIONS › Section 272-5-007 - Use of Explosives in Water

Current through June 17, 2024
It shall be unlawful to explode or cause to be to exploded
				  for any purpose any explosive or destructive device in any lake, river, stream,
				  pond, bay, bayou, or other waters of this state without first obtaining from
				  the Game and Parks Commission an order permitting it to be done, except that
				  this shall not apply when, to safeguard public or private property from damage
				  by ice gorges. Nebraska Rev Stat. 37-515.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 5 - SCOPE AND DEFINITIONS › Section 272-5-008 - Posting of, Carrying of, and Presentation of Permits

Current through June 17, 2024
008.01 Permits to
				Store
A permit, or copy of the permit, to store shall be posted at
				  each storage site.
008.02
				Permit to Use
A person possessing a permit to use explosives shall have
				  that permit on his or her person at any time he or she is engaged in or
				  directing any blasting operation.
008.03 Permit to Purchase by a Business
				Enterprise
A permit to purchase explosives by a business enterprise
				  shall be kept under lock and key at the business headquarters of the permittee.
				  The permit shall be presented to any dealer or any other person from whom
				  explosives are to be purchased. The actual purchase shall be made by an officer
				  or other person having control of the affairs of the business enterprise or by
				  the licensed user employed by the business enterprise. After the purchase the
				  permit shall be returned to the business enterprise files and kept under lock
				  and key.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 6 - MANUFACTURE: BLASTING AGENTS › Section 272-6-001 - Manufacture: Blasting Agents

Current through June 17, 2024
No special permit is issued by the Nebraska State Patrol to
				  manufacture blasting agents in the State of Nebraska. Persons manufacturing
				  blasting agents in the State of Nebraska shall first obtain a manufacturing
				  permit as required by the Federal Bureau of Alcohol Tobacco and
				  Firearms.
001.01 Buildings or other
				facilities used for mixing blasting agents, including mobile equipment, shall
				be located, with respect to inhabited buildings, passenger railroads and public
				highways, in accordance with the American Table of Distances. (See Appendix V.)
001.01A Minimum intra-plant separation
				distances between mixing units and the ammonium nitrate storage areas and
				blasting agent storage areas shall be determined by the prevailing standards in
				the trade and shall be reported to the Nebraska State Patrol in writing for
				approval.
001.01B When any ammonium
				nitrate is stored at a closer distance to the blasting agent storage than as
				provided in Section 001.01.
A one half
the mass of the
				ammonium nitrate shall be added to the quantity of blasting agents to calculate
				the total quantity involved for application of the aforementioned
				Table.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 8 - USE OF EXPLOSIVES › Section 272-8-001 - Use: General

Current through June 17, 2024
001.01 The handling
				of explosives shall be performed under the direction of a person holding a
				valid and subsisting permit from the Nebraska State Patrol to use
				explosives.
001.02 It is the
				responsibility of the owner of explosives or the person in possession of a
				storage permit or a business enterprise permit or a user's permit to control
				the explosives and the use thereof. The owner of explosives or the one storing
				explosives under the authority of a storage permit or a person holding a user's
				permit or a business enterprise purchase permit must control his or her
				explosives by keeping an accurate and continuing inventory of all explosives.
				The record of this inventory must be kept on file a minimum of five years. It
				is the responsibility of all owners of explosives or employers of agents,
				employees, or subcontractors using explosives, or all who store explosives, to
				employ people only of good judgement, that know how to handle explosives
				safely. It is the responsibility of the person in the immediate control of
				explosives or the owner or user of explosives to take such steps as necessary
				to insure that such explosives are not finding their way into the hands of
				unauthorized persons. No person shall handle explosives while under the
				influence of intoxicating liquors, narcotics, or marijuana.
001.03 While explosives are being handled or
				used, smoking shall not be permitted and no one near the explosives shall
				possess open lights or other fire or flame, except devices for lighting safety
				fuse.
001.04 Any wood, paper, or
				other materials employed in packing explosives that contains or is contaminated
				with explosive material shall not be burned in a stove, fireplace, or other
				confined space, or be used for any purpose. Such materials shall be destroyed
				by burning at an isolated location out of doors, and no person shall be nearer
				than 100 feet after burning has started.
001.04A Such burning may necessitate separate
				burning permits under Title 129, Chapter 15, Nebraska Air Pollution Control,
				Rules and Regulations, from the Department of Environmental Control, Lincoln,
				Nebraska and/or...
001.04B ...an
				open burning permit from the fire chief of the local fire department having
				jurisdiction in the area of the burn. Nebraska Statute
				81-520.01.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 8 - USE OF EXPLOSIVES › Section 272-8-002 - Use: Loading of Explosives in Blast Holes

Current through June 17, 2024
002.01 All drill
				holes shall be sufficiently large to admit freely the insertion of the
				cartridges of explosives.
002.02
				Tamping shall be done only with an approved non-sparking rods without exposed
				metal parts. Nonsparking metal connectors may be used for jointed poles.
				Violent tamping shall be avoided.
002.03 No holes shall be loaded except those
				to be fired in the next round of blasting. Seismographic operations shall
				follow this procedure wherever possible for maximum safety, but where
				practicality will not permit, they are exempted from the provisions of this
				sub-section.
002.04 Drilling shall
				not be started until all remaining butts of old holes are examined with a
				wooden or approved non-sparking rod for unexploded charges, and if any are
				found they shall be refired or washed out by or under the direction of a
				competent and experienced person before work proceeds.
002.05 No person shall be allowed to deepen
				drill holes which have contained explosives.
002.06 After loading for a blast is
				completed, all excess blasting caps or electric blasting caps and other
				explosives shall immediately be returned to their separate storage
				magazines.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 8 - USE OF EXPLOSIVES › Section 272-8-003 - Use: Initiation of Explosive Charges

Current through June 17, 2024
003.01 When fuse is
				used, the blasting cap shall be securely attached to the safety fuse, with a
				standard type cap crimper. All primers shall be assembled at least 50 feet from
				any magazine.
003.02 Primers shall
				be made up only as required for each round of blasting.
003.03 No blasting cap shall be inserted in
				the explosives without first making a hole in the cartridge for the cap with an
				approved punch of proper size or with a standard cap crimper.
003.04 Explosives shall not be extracted from
				a hole that has once been charged or has misfired unless it is impossible to
				detonate the unexploded charge by the insertion of a fresh additional primer.
				This work shall be done by or under the supervision of a competent and
				experienced person.
003.05 If there
				are any misfires while using the cap and fuse, all persons shall remain away
				from the charge for a least 30 minutes. If electric blasting caps are used and
				a misfire occurs, this waiting period may be reduced to 15 minutes. Misfires
				shall be handled under the direction of the person in charge of the blasting
				and all wires shall be carefully traced and a search made for unexploded
				charges. Shock tube and miniaturized detonating cord initiating systems shall
				wait 15 minutes for misfires.
003.06 Blasters, when testing circuits to
				charged holes, shall use only blasting galvanometers or other instruments
				specially designed for this purpose.
003.07 Only the person making leading wire
				connections in electrical firing shall fire the shot. All connections shall be
				made from bore hole back to the source of firing current, and the leading wires
				shall remain shorted and not be connected to the blasting machine or other
				source of current until the charge is to be fired. Only blasting machines or
				initiators that meet the explosive manufacturers recommendations and approval
				should be used as a source of electric current for initiating electrically
				fired charges of explosives.
003.08
				Before a blast is fired, a loud warning signal shall be given by the person in
				charge who has made certain that all surplus explosives are in a safe place,
				all persons and vehicles are at a safe distance or under sufficient cover, and
				that an adequate warning has been given.
004 Every holder of any storage, purchase, or use permit
				  required under §
										28-1213
				  to §
										28-1239
				  shall notify the fire protection district in which any explosive is being used
				  or stored, and the holder shall keep a written record describing the time the
				  notice was given, office in the district to which the notice was given and name
				  of the person in the district notified. This notification shall be made for
				  existing use or storage sites and newly established sites, including job
				  sites.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 8 - USE OF EXPLOSIVES › Section 272-8-004 - Conflicts

Current through June 17, 2024
Nothing contained in these Rules and Regulations shall be in
				  conflict with provisions of the National Security Act of 1947, as amended, or
				  the Espionage and Sabotage Act of 1954 as amended.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-001 - General

Current through June 17, 2024
001.01 The storage
				of explosive materials by any person must be in a manner conforming with the
				regulations contained herein. The storage regulations prescribed herein confer
				no rights or privileges to store explosive materials in a manner contrary to
				State or other law.
001.02
				Notwithstanding the provisions of Section 001.01, the Nebraska State Patrol may
				authorize alternate storage facilities for the storage of explosive materials
				when it is shown that such alternate facilities are or will be constructed in a
				manner substantially equivalent to the standards of construction contained in
				this subpart. Such alternate storage facilities shall not be used for the
				storage of explosive materials until approval is received from the Nebraska
				State Patrol.
001.03 A permittee
				who intends to make additions to, modification of, or changes in his or her
				approved storage facilities shall follow the procedures and be subject to the
				requirements of Title 272, Chapter 9, para. 019.
001.04 Every holder of any storage required
				under §
									28-1213
				to §
									28-1239
				shall notify the fire protection district in which any explosive is being used
				or stored, and the holder shall keep a written record describing the time the
				notice was given, office in the district to which the notice was given and name
				of the person in the district notified. This notification shall be made for
				existing use or storage sites and newly established sites, including job
				sites.
001.05 Explosives shall not
				be stored within the incorporated limits of any city or village of the State of
				Nebraska. Explosives shall not be stored in areas zoned for residential
				use.
001.06 The premises upon which
				all outdoor magazines, except Type 3, are located shall be posted with signs
				reading "Explosives - Keep Off". These signs shall be in contrasting colors
				with a minimum letter size of 3-inch height and ½-inch line width. All
				signs shall be located so that a bullet passing through the sign will not
				strike a magazine."
001.07 The US
				DOT placards required by 49 CFR for transportation of blasting agents shall be
				displayed on all type 5 magazines in which blasting agents are being
				stored.
001.08 All normal access
				routes to explosive materials manufacturing and storage facilities shall be
				posted with the following warning sign:
DANGER
NEVER FIGHT EXPLOSIVE FIRES
EXPLOSIVES ARE STORED ON THIS SITE
CALL ___________________________
The sign shall be weather-resistant with a reflective surface
				  and lettering shall be at least 2 inches high."
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-002 - Classes of Explosive Materials

Current through June 17, 2024
For purposes of this part, there shall be three classes of
				  explosive materials. These classes, together with the description of explosive
				  materials comprising each class, are as follows:
002.01 High Explosives
Explosive materials which can be caused to detonate by means
				  of a blasting cap when unconfined. (For example, dynamite.)
002.02 Low Explosives
Explosive materials which can be caused to deflagrate when
				  confined. (For example, black powder.)
002.03 Blasting Agents
(For example, ammonium nitrate-fuel oil.)
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-003 - Types of Storage Facilities

Current through June 17, 2024
For purpose of these regulations, there shall be five types
				  of storage facilities. These types, together with the classes of explosive
				  materials which shall be stored therein, are as follows:
003.01 Type 1 Storage Facilities
Permanent storage facilities for the storage of high
				  explosives which can be caused to detonate by means of a blasting cap when
				  unconfined, (for example dynamite, flash powders, and bulk salutes). Other
				  classes may also be stored therein.
003.02 Type 2 Storage Facilities
Portable indoor and outdoor storage facilities for the
				  storage of high explosives which can be caused to detonate by means of a
				  blasting cap when unconfined, (for example dynamite, flash powders, and bulk
				  salutes). Other classes may also be stored therein.
003.03 Type 3 Storage Facilities
Portable outdoor facilities for the temporary storage of
				  high explosives which can be caused to detonate by means of a blasting cap when
				  unconfined, (for example dynamite, flash powders, and bulk salutes), while
				  attended (for example, a "day-box"). Other classes may also be stored
				  therein.
003.04 Type 4
				Storage Facilities
Facilities for the storage of low explosive materials which
				  can be caused to deflagrate when confined, (for example, black powder, safety
				  fuse, igniters, ignitor cords, fuse lighters, and "special fireworks" as
				  defined as Class B explosives by US Department of Transportation regulations in
				  49 CFR Part 173, except bulk salutes). Blasting agents (ammonium nitrate-fuel
				  oil) may also be stored in a type 4 storage facility. Detonators that will not
				  mass detonate may also be stored in a type 4 storage facility. No high
				  explosives may be stored in a type 4 storage facility.
003.05 Type 5 Storage Facilities
Facilities for the storage of blasting agents. No high
				  explosives may be stored in a type 5 storage facility.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-004 - Inspection of Storage Facilities

Current through June 17, 2024
Any person storing explosive materials shall open and
				  inspect his or her storage facilities at intervals not greater than seven (7)
				  days to determine whether the explosives therein are intact and to determine
				  whether there has been unauthorized entry or attempted entry into the storage
				  facilities or the unauthorized removal of facilities or their contents. A
				  written record shall be kept of this inspection.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-005 - Movement of Explosive Materials

Current through June 17, 2024
All explosive materials must be kept in storage facilities
				  meeting the standards prescribed by the Nebraska State Patrol unless they
				  are:
005.01 In the process of
				manufacture; or
005.02 Being
				physically handled in the operating process of a person having a Nebraska State
				Patrol issued permit to use; or
005.03 Being used; or
005.04 Being transported or loaded into a
				place of storage or use by a permittee or by a person who has lawfully acquired
				explosive materials pursuant to the requirements of Chapter 9, para.
				020.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-006 - Location of Storage Facilities

Current through June 17, 2024
006.01 Except as
				otherwise provided in these regulations, storage facilities in which any
				explosive materials are stored shall be located at minimum distances from
				inhabited buildings, passenger railways, public highways, and from other
				storage facilities in which explosive materials are stored as specified in the
				American Table of Distances, (see Appendix V), provided that this table shall
				not apply to any indoor storage facility. When a storage facility is not
				barricaded, the distances shown in the American Table of Distances shall be
				doubled. For purposes of this paragraph, a storage facility shall be deemed
				barricaded when it is effectually screened from inhabited buildings, passenger
				railways, public highways, and other storage facilities in which explosive
				materials are stored-either by a natural or artificial barricade of such height
				that a straight line from the top of any sidewall of the storage facility to
				the eave line of such other inhabited building or storage facility, or to a
				point 12 feet above the center of a passenger railway or public highway, will
				pass through such intervening barricade.
006.02 If any two or more storage facilities
				are separated from each other by less than the distances specified in the
				American Table of Distances, Appendix V, then such two or more storage
				facilities, as a group, shall be considered as one storage facility, and the
				total quantity of explosive material stored in such group shall be treated as
				if stored in a single facility and shall comply with the minimum of distances
				specified in the American Table of Distances, from other storage facilities,
				inhabited buildings, passenger railways, and public highways.
006.03 Storage facilities in which low
				explosives are stored shall be located at minimum distances from inhabited
				buildings, passenger railways, public highways, and from other storage
				facilities in which explosive materials are stored as specified in the American
				Table of Distances for Storage of Low Explosives, Appendix VI. Provided, that
				this table shall not apply to any indoor storage facility. The distances shown
				therein shall not be reduced by the presence of barricades.
006.04 Ammonium nitrate and storage
				facilities in which blasting agents are stored shall be located at minimum
				distances from storage facilities containing high explosives or blasting agents
				as specified in the Table of Recommended Separation Distances of Ammonium
				Nitrate and Blasting Agents from Explosives or Blasting Agents, Appendix
				VII.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-008 - Construction of Type 2 Storage Facilities

Current through June 17, 2024
A type 2 storage facility shall be a box, a trailer, a
				  semi-trailer, or other mobile facility. It shall be bullet-resistant,
				  weather-resistant, theft-resistant, fire-resistant, and well ventilated. Except
				  as provided in Chapter 9, para. 008.03, hinges and hasps shall be attached to
				  the covers or doors in the manner prescribed in Chapter 9, para.
				  007.01H and the
				  locking system shall be that prescribed in Chapter 9, para.
				  007.01I.
008.01 Outdoor Storage Facilities
Outdoor storage facilities shall be at least 1 cubic yard in
				  size and supported in such a manner so as to prevent direct contact with the
				  ground. The sides, bottoms, tops and covers or doors shall be constructed of
				  1/4 inch steel and shall be lined with 2 inches of hardwood. Edges of metal
				  covers shall overlap sides at least 1 inch. The ground around such storage
				  facilities shall slope away for drainage. When unattended, vehicular storage
				  facilities shall have wheels removed or shall be otherwise effectively
				  immobilized by kingpin locking devices or other methods approved by the
				  Nebraska State Patrol.
008.02 Indoor Storage Facilities
No indoor facility for the storage of high explosives shall
				  be located in a residence or dwelling. When located in a warehouse, wholesale,
				  or retail establishment, such storage facilities shall be provided with
				  substantial wheels or casters to facilitate removal from the building. No more
				  than two indoor storage facilities shall be kept in any one building. Two
				  storage facilities may be kept in the same building only when one is used for
				  the storage of blasting caps, squibs, or similar items and other facility is
				  used for the storage of other high explosives. Each storage facility shall be
				  located on the floor nearest the ground level and within 10 feet of an outside
				  exit. Indoor storage facilities within one building shall be separated by a
				  distance of not less than 10 feet. No indoor storage facility shall contain a
				  quantity of high explosives in excess of 50 pounds or more than 5,000 blasting
				  caps. Indoor facilities shall be of wood or metal construction as prescribed in
				  Chapter 9, para.
				  008.02A or
				  008.02B.
008.02A Wood Construction. Wood indoor
				storage facilities shall have sides, bottoms, and covers or doors constructed
				of 2-inch hardwood and shall be well braced at corners. They shall be covered
				with sheet metal of not less than number 26 gauge. Nails exposed to the
				interior of such facilities shall be countersunk.
008.02B Metal Construction. Metal indoor
				storage facilities shall have sides, bottoms, and covers of doors constructed
				of number 12-gauge metal and shall be lined inside with a non-sparking
				material. Edges of metal covers shall overlap sides at least one
				inch.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-009 - Construction of Type 3 Storage Facilities

Current through June 17, 2024
A Type 3 magazine is a "day box" or other portable magazine.
				  It must be fire-resistant, weather-resistant, and theft-resistant (need not be
				  bullet-resistant). A Type 3 magazine is to be constructed of not less than 12
				  gauge steel, lined with at least ½-inch plywood or ½-inch
				  Masonite type hardboard. Lids must overlap sides by at least one inch. Hinges
				  and hasps are to be attached by welding, riveting, or bolting (nuts on inside).
				  One steel padlock (which need not be protected by a steel hood) having at least
				  five tumblers and a case hardened shackle of at least 3/8-inch diameter is
				  sufficient for locking purposes. Explosive materials are not to be left
				  unattended in a Type 3 magazine and must be removed to a Type 1, 2, 4, or 5
				  magazine (depending on class of explosive material involved) for overnight or
				  unattended storage.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-010 - Construction of Type 4 Storage Facilities

Current through June 17, 2024
A type 4 storage facility may be a building, an igloo, or
				  Army-type structure, a tunnel, a dugout, a box, a trailer, or a semi-trailer or
				  other mobile facility and shall be fire-resistant, weather-resistant, and
				  theft-resistant. They shall be constructed of masonry, metal-covered wood,
				  fabricated metal, or a combination of these materials. The walls and floors of
				  such storage facilities shall be lined with a non-sparking material. The doors
				  or covers shall be metal or solid wood covered with metal. The foundations,
				  locks, lock protection, hinges, hasps, and interior shall be in conformity with
				  the requirements of Chapter 9, para.
				  007.01E,
				  007.01H,
				  007.01I, and
				  007.01K.
010.01 Outdoor Storage Facilities
The ground around such storage facilities shall slope away
				  for drainage. When unattended, vehicular storage facilities shall have wheels
				  removed or shall be otherwise effectively immobilized by kingpin locking
				  devices or other methods approved by the Nebraska State
				  Patrol.
010.02 Indoor
				Storage Facilities
No indoor facility for the storage of low explosives shall
				  be located in a residence or dwelling. When located in a warehouse, wholesale
				  or retail establishment, such storage facilities shall be provided with
				  substantial wheels or casters to facilitate removal therefrom. No more than one
				  indoor storage facility shall be kept in any one building. It shall be located
				  on the floor nearest the ground level and within 10 feet of an outside exit. No
				  indoor storage facility shall contain a quantity of low explosives in excess of
				  50 pounds.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-011 - Construction of Type 5 Storage Facilities

Current through June 17, 2024
A type 5 storage facility may be a building, an igloo or
				  Army-type structure, a tunnel, a dugout, a bin, a box, a trailer, or a
				  semi-trailer or other mobile facility and shall be theft-resistant. The door or
				  covers thereof shall be solid wood or metal. The hinges, hasps, locks and lock
				  protection shall be in conformity with the requirements of Chapter 9, para.
				  007.01H and
				  007.01I.
011.01 Outdoor Storage Facilities
The ground around such storage facilities shall slope away
				  for drainage. When unattended, vehicular storage facilities shall have wheels
				  removed or shall be otherwise effectively immobilized by kingpin locking
				  devices or other methods approved by the Nebraska State Patrol. An outdoor
				  storage facility shall be weather-resistant.
011.02 Indoor Storage Facilities
No indoor storage facility for the storage of blasting agents
				  shall be located in a residence or dwelling.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-012 - Smoking and Open Flames

Current through June 17, 2024
Smoking, matches, open flames, and spark-producing devices
				  shall not be permitted in, or within 50 feet of, any outdoor storage facility
				  or within any room containing an indoor magazine.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-013 - Quantity and Storage Restrictions

Current through June 17, 2024
Explosive materials in excess of 300,000 pounds or blasting
				  caps in excess of 20 million shall not be stored in one storage facility.
				  Blasting caps shall not be stored with other explosive materials in type 1, 2,
				  3 or 5 storage facilities. A type 4 storage facility meets the requirements for
				  storage of blasting caps that do not mass detonate. A "cap box", that meets the
				  requirements of Chapter 9, may be attached to the outside of a type 1, 2, or 3
				  storage magazine by welding, riveting, or bolting. Rivets or bolts must be on
				  the inside of the box, not visible from the outside, and covered with
				  non-sparking material. The total explosive material located within the magazine
				  and cap box shall be used to determine the table of
				  distances.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-014 - Storage Within Types 1, 2, 3 and 4 Facilities

Current through June 17, 2024
014.01 Explosive
				materials within a storage facility shall not be placed directly against
				interior walls. Any devices constructed or placed within a storage facility
				shall not interfere with ventilation.
014.02 Containers of explosive materials
				shall be stored by being laid flat with the top side up. Corresponding classes,
				grades, and brands shall be stored together within a storage facility in such a
				manner that class, grade, and brand marks are easily visible upon inspection.
				Stocks of explosive materials shall be stored so as to be easily counted and
				checked.
014.03 Except with respect
				to fiberboard containers, explosive materials shall not be unpacked or repacked
				inside a storage facility or within 50 feet thereof, and shall not be unpacked
				or repacked in close proximity to other explosive materials. Containers of
				explosive materials shall be securely closed while being stored.
014.04 Tools used for opening or closing
				containers of explosive materials shall be of non-sparking materials, except
				that metal slitters may be used for opening fiberboard containers. A wood wedge
				and a fiber, rubber, or wooden mallet shall be used for opening or closing wood
				containers of explosive materials. Metal tools other than non-sparking transfer
				conveyors shall not be stored in any storage facility containing high
				explosives.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-015 - Housekeeping

Current through June 17, 2024
Storage facilities shall be kept clean, dry, and free of
				  grit, paper, empty packages and containers, and rubbish. Floors shall be
				  regularly swept. Brooms and other utensils used in the cleaning and maintenance
				  of storage facilities shall have no spark-producing metal parts. Floors stained
				  by leakage from explosive materials shall be cleaned according to instructions
				  of the manufacturer. When any explosive material has deteriorated to the extent
				  that it is in a dangerous condition, or if a liquid leaks therefrom, it shall
				  be destroyed in accordance with the instructions of its manufacturer. The area
				  surrounding storage facilities shall be kept clear of rubbish, brush, dry
				  grass, or trees for not less than 25 feet in all directions. Any other
				  combustible materials shall be kept a distance of not less than 50 feet from
				  outdoor storage facilities. The Nebraska State Patrol shall permit trees to
				  grow within 25 feet of a magazine for barricade protection purposes provided
				  that such trees are living and at least 10-feet high.
015.01 Storage facilities shall not contain
				or house any amount of flammable or combustible material.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-016 - Repair of Storage Facilities

Current through June 17, 2024
Prior to the interior repair of storage facilities, all
				  explosive materials shall be removed and the interior shall be cleaned. Prior
				  to the exterior repair of storage facilities, all explosive materials shall be
				  removed if there exists a possibility that such repairs may produce sparks or
				  flame. The explosive materials removed from storage facilities under repair
				  shall either be placed in other storage facilities appropriate for the storage
				  of such materials under Chapter 9 or placed a safe distance from the facilities
				  under repair where they shall be properly guarded and protected until the
				  repairs have been completed.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-017 - Lighting

Current through June 17, 2024
The use of electrical lights when meeting appropriate local,
				  state and federal building codes is approved. All electrical switches must be
				  located outside the storage facility. Other than approved lighting, no lighting
				  shall be placed or used in a storage facility of type 1, 2, 3, or 4 except
				  battery-activated safety lights or battery-activated safety-lanterns, or spark
				  proof flashlights.
Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 9 - STORAGE OF EXPLOSIVES › Section 272-9-018 - Security of Magazines

Current through June 17, 2024
The keys to any magazine doors and covers must be available
				  only to trusted employees appointed in writing and must be a permittee. It is
				  the storage permittee's responsibility to keep his or her magazines locked from
				  all unauthorized persons. Publicly owned electric distribution, public
				  utilities and privately owned electric distribution, public utilities and
				  communications systems may, at their discretion, designate certain employees
				  who will be responsible for the inspection and security of stored explosives.
				  It is permissible for these persons to have keys to the storage permittee's
				  magazine.