title-153•Neb. Admin. Code tit. 153 — State Fire Marshal
Neb. Admin. Code tit. 153 — State Fire Marshal
title-153Neb. Admin. Code tit. 153Regulation
Chapter 1 Nebraska State Fire Code
Neb. Admin. Code tit. 153, ch. 1 Nebraska State Fire Code {#sec-153-nac-1 omnilex-key=us-ne-regs-official--title-153--153 NAC 1}
01. The following lists of National Fire Protection Association (NFPA) standard codes is adopted by reference in their entirety as they existed on the date these regulations became effective, unless otherwise noted. The full text of these regulations is available for viewing at the office of the State Fire Marshal, 246 S. 14th Street, Lincoln, Nebraska 68508 and at the Nebraska Secretary of State, Rules and Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508.
Numerical Listing of Adopted NFPA Codes
| Fire Prevention Code (with NE Amendments 11-25-19) | 1 - 2012 ed. |
|---|---|
| Fire Extinguishers, Portable | 10 - 2010 ed. |
| Foam, Low, Medium, and High Expansion | 11 - 2010 ed. |
| Sprinkler Systems, Installation of | 13 – 2010 ed. |
| Sprinkler Systems, Installation in One-and Two Family Dwellings | 13D - 2010 ed. |
| Sprinkler Systems, Installation in Residential Occupancies | 13R – 2010 ed. |
| Standpipe and Hose Systems | 14 – 2010 ed. |
| Foam-Water Sprinkler and Spray Systems | 16 – 2011 ed. |
| Dry Chemical Extinguishing Systems | 17 – 2009 ed. |
| Wet Chemical Extinguishing Systems | 17A – 2009 ed. |
| Fire Pumps, Stationary Installation | 20 – 2010 ed. |
| Water Tanks for Private Fire Protection | 22 – 2008 ed. |
| Private Fire Service Mains, Installation of | 24 – 2002 ed. |
| Water-based Fire Protection Systems Inspection, Testing and Maintenance | 25 – 2011 ed. |
| Flammable and Combustible Liquids Code | 30 – 2012 ed. |
| Motor Fuel Dispensing Sites and Repair Garages | 30A – 2012 ed. |
| Oil Burning Equipment, Installation of | 31 – 2011 ed. |
| Spray Application Using Flammable & Combustible Materials | 33 – 2011 ed. |
| Dipping and Coating, Using Flammable or Combustible Liquids | 34 – 2011 ed. |
| Solvent Extraction Plants | 36 – 2009 ed. |
| Combustion Engines and Gas Turbines, Stationary | 37 – 2010 ed. |
| Laboratories Using Chemicals | 45 – 2011 ed. |
| Vehicular Natural Gas Fuel Systems | 52 – 2010 ed. |
| Fuel Gas Code, National | 54 – 2012 ed. |
| Compressed Gases and Cryogenic Fluids | 55 – 2010 ed. |
| Liquefied Petroleum Gas | 58 – 2011 ed. |
| Utility LP Gas Plant | 59 – 2012 ed. |
|---|---|
| Agricultural and Rood Processing Facilities, Prevention of | |
| Fires and Dust Explosions | 61 – 2008 ed. |
| Explosion Prevention Systems | 69 – 2008 ed. |
| Electrical Code, National | 70 – 2011 ed. |
| Fire Alarm and Signaling Code, National | 72 – 2010 ed. |
| Electrical Inspections for Existing Dwellings | 73 – 2011 ed. |
| Fire Doors and Other Opening Protectives | 80 – 2010 ed. |
| Incinerators, Waste and Linen Handling Systems | 82 – 2009 ed. |
| Parking Structures | 88A – 2011 ed. |
| Air Conditioning and Ventilating Systems | 90A – 2012 ed. |
| Commercial Cooking Operations, Ventilation and Fire Protection | 96 – 2011 ed. |
| Health Care Facilities | 99 – 2012 ed. |
| Life Safety Code (with NE Amendments 11-25-19) | 101 – 2012 ed. |
| Guide To Alternative Approaches to Life Safety | 101A – 2010 ed. |
| Smoke Door and other Opening Protections | 105 – 2010 ed. |
| Emergency and Standby Power Systems | 110 – 2010 ed. |
| Power Systems Stored Electrical Energy, Emergency and | |
| Standby Power Systems | 111 – 2010 ed. |
| Flame Effects Before An Audience | 160 – 2011 ed. |
| Chimneys, Fireplace, Vents, and Solid Fuel Burning Appliances | 211 – 2010 ed. |
| Water, Cooling Towers | 214 – 2011 ed. |
| Building Construction, Types of | 220 – 2012 ed. |
| Fire Walls and Fire Barrier Walls | 221 – 2012 ed. |
| Safeguarding of Construction, Alteration, and Demolition Operations | 241 – 2009 ed. |
| Tank Entry, Cleaning, or Repair | 326 – 2010 ed. |
| Tank Vehicles for Flammable and Combustible | 385 – 2012 ed. |
| Hazardous Materials | 400 – 2010 ed. |
| Aircraft Fuel Servicing | 407 – 2011 ed. |
| Aircraft Hangars | 409 – 2011 ed. |
|---|---|
| Combustible Metals | 484 – 2012 ed. |
| Explosive Materials | 495 – 2010 ed. |
| Manufactured Home Installations, Sites and Communities | 501A – 2009 ed. |
| Fire and Dust Explosions from the Manufacturing, Processing, and | |
| Handling of Combustible Particulate Solids | 654 – 2006 ed. |
| Wood Processing and Woodworking, Facilities Fire and Explosions | 664 – 2012 ed. |
| Identification of the Hazards of Materials for Emergency Response | 704 – 2012 ed. |
| Installation of Carbon Monoxide (COD) Detection and Warning Equipment | 720 – 2012 ed. |
| Fire Protection in Waste-water Treatment and Collection Facilities | 820 – 2012 ed. |
| Fireworks Display | 1123 – 2010 ed. |
| Fireworks, Manufacture, Transportation, and Storage | 1124 – 2006 ed. |
| Pyrotechnics Before a Proximate Audience | 1126 – 2011 ed. |
| Recreational Vehicle Parks and Campgrounds | 1194 – 2011 ed. |
| Clean Agent Fire Extinguishing Systems | 2001 – 2012 ed. |
History
- Effective 2021-02-28
Chapter 3 Nebraska Amendments and Definitions
Neb. Admin. Code tit. 153, ch. 3 Nebraska Amendments and Definitions {#sec-153-nac-3 omnilex-key=us-ne-regs-official--title-153--153 NAC 3}
01. Definitions
01.01 For the purposes of Title 153 the following definitions are used:
01.01A Building - Any structure used or intended for supporting or sheltering any use or occupancy.
01.01B 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.
01.01C 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.
01.02 Plans are not required to be submitted for a One- and Two-Family Dwelling that is used exclusively as a One- and Two-Family Dwelling.
01.03 Plans are not required to be submitted for Agricultural Buildings.
History
- Effective 2021-02-28
Chapter 6 Features of Fire Protection
Neb. Admin. Code tit. 153, ch. 6 Features of Fire Protection {#sec-153-nac-6 omnilex-key=us-ne-regs-official--title-153--153 NAC 6}
6-8. Guidelines for Fire Alarm Inspector Certification -- State Statute 28-1251.
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.
History
- Effective 1984-06-20
Chapter 14
Neb. Admin. Code tit. 153, ch. 14 {#sec-153-nac-14 omnilex-key=us-ne-regs-official--title-153--153 NAC 14}
This is a copyrighted publication that we do not have permission to post on the SOS website. It is available for viewing at the State Fire Marshal Agency,
246 South 14th Street, Suite 1
Lincoln, NE 68508-1804
Chapter 17 New Tank Installation Permit and Fee Requirements Aboveground Storage Tanks Storing Class I and Class Ii Flammable Liquids
Neb. Admin. Code tit. 153, ch. 17 New Tank Installation Permit and Fee Requirements Aboveground Storage Tanks Storing Class I and Class Ii Flammable Liquids {#sec-153-nac-17 omnilex-key=us-ne-regs-official--title-153--153 NAC 17}
001. Tank Installation Permit.
001.01. Owners/operators shall obtain an installation permit for all new and replacement tank and piping installations.
001.01A. 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.
001.01B. Tank installations shall meet all the applicable criteria set out in the NFPA codes promulgated by the State Fire Marshal.
001.01C. 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.
002. Permit Denial and Revocation.
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 permitholder'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.
Legal Citation: Title 153, Ch. 17, Nebraska State Fire Marshal
History
- Effective 1992-01-05
Chapter 19 Water-Based Fire Protection Systems
Neb. Admin. Code tit. 153, ch. 19 Water-Based Fire Protection Systems {#sec-153-nac-19 omnilex-key=us-ne-regs-official--title-153--153 NAC 19}
Scope . Chapter 19 of Title 153 of the Nebraska Administrative Code is concerned with the certification of contractors who work on water-based fire protection systems. All water-based fire protection systems contractors shall be certified in accordance with applicable Nebraska state statutes, the rules and regulations promulgated by the State Fire Marshal, and nationally-recognized standards of the National Fire Protection Association (ANFPA@) which are incorporated by reference in these regulations. Information concerning each particular NFPA standard and which edition is currently adopted by the Agency is located at the back of this document.
This chapter also is concerned with the requirements for the installation, testing, repair, tagging, and inspection of water-based fire protection systems, and the duties of water-based fire protection system contractors and the State Fire Marshal.
001. Certification Required .
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.
001.02. Any water-based fire protection system contractor who wishes to install, repair, alter, add to, maintain, or inspect a water-based fire protection system in the State of Nebraska shall first obtain a Water-Based Fire Protection Contractor=s Certificate from the State Fire Marshal. Applications for the Water-Based Fire Protection Contractor=s Certification are available from the State Fire Marshal. The address of the State Fire Marshal=s Office is 246 South 14th Street, Lincoln, Nebraska, 68508. The telephone number is (402) 471-2027. Each applicant must designate a Responsible Managing Employee on the application.
A copy of the Application for Contractor=s Certification is attached hereto as ATTACHMENT AA@ and is incorporated by reference.
001.03. Upon receipt of a completed application, the applicant must provide the proof of insurance, demonstrating at least one million dollars ($1,000,000.00) of coverage for the installation, inspection, and testing of water-based fire protection systems, and the required certificate fee, the State Fire Marshal will schedule a time for an examination of the responsible managing employee to demonstrate that he or she has a working knowledge of water-based fire protection systems and the rules and regulations of the State Fire Marshal. Upon successful completion of the examination, the State Fire Marshal shall issue a certificate to the contractor within thirty (30) days.
001.04. All water-based fire protection contractors= certificates shall expire on September 30 of the year following issuance. At least thirty (30) days prior to expiration of the certificate, a water-based fire protection contractor may file an application to renew his or her certificate with the State Fire Marshal. Along with the renewal application, a renewal fee, not to exceed one hundred dollars ($100.00) and a sworn affidavit must be submitted, stating that the responsible managing employee is currently employed by the contractor. The renewal application will use the same application form as the initial application for the contractor=s certification, which is designated as ATTACHMENT AA@.
001.05. The State Fire Marshal may refuse to renew or may revoke or suspend a water-based fire protection contractor=s certificate for any of the following reasons:
(a) Gross incompetence or gross negligence in the installation, alteration, or inspection of a water-based fire protection system.
(b) The use of false evidence, false documentation or misrepresentation in the application process for a certificate.
002. Working Plans :
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 Marshal=s main office in Lincoln at (402) 471-2027, or the District AB@ Office in Albion at (402) 395-2164 or the District AC@ 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.
002.02. Proposed installation details and hydraulic calculations shall be submitted to the State Fire Marshal or his or her delegated authority for approval prior to the installation of backflow prevention devices on existing water-based fire protection systems and when existing backflow prevention devices are to be replaced by a device not identical to the backflow devices previously installed.
003. Systems Acceptance Testing and Inspections :
003.01. All water-based fire protection systems shall be hydrostatically tested, in accordance with the currently adopted NFPA standards upon completion of the system or whenever more than ten (10) sprinkler heads are added or modified.
003.02. All other initial system testing required by currently adopted NFPA standards (dry valve trip tests, etc.) shall be performed upon completion of the system.
003.03. A Deputy State Fire Marshal or the delegated authority shall be notified within 48 hours in advance of a system acceptance testing.
003.04. Final system acceptance testing and inspection of any water-based fire protection system installed in a hospital, nursing home, or a residential care facility shall be witnessed by a Deputy State Fire Marshal or the delegated authority.
003.05. Upon completion of all required acceptance testing for new and altered systems, the Water-Based Fire Protection Contractor shall complete a Contractor=s Material and Test Certificate Form covering the work performed. Depending on whether the fire protection system utilizes aboveground or underground piping, the Contractor=s Material and Test Certificate Form is attached hereto as ATTACHMENT AB-1" for aboveground piping and ATTACHMENT AB-2" for an underground piping system and is incorporated by this reference. The certificate shall be signed by the Water-Based Fire Protection System Contractor=s Representative and the building owner or a representative of the building owner. A copy of the Nebraska State Fire Marshal Fire Sprinkler Inspection Form, which is attached hereto as ATTACHMENT AC@ and is incorporated be this reference and shall also be completed and signed by the Water-Based Fire Protection System Contractor=s Representative, the building owner or his or her representative and the witnessing authority. A copy of the Contractor=s Material and Test Certificate and the Nebraska State Fire Marshal Fire Sprinkler Inspection Form shall be maintained at the system riser with a duplicate forwarded to the State Fire Marshal=s Office.
003.06. Whenever any repairs, modifications or additions are made to a water-based fire protection system, the Water-Based Fire Protection System Contractor=s Representative shall complete a Nebraska State Fire Marshal Fire Sprinkler Inspection Form. A copy of the form is to be maintained at the system riser with a duplicate forwarded to the State Fire Marshal=s Office.
003.07. In order for the State Fire Marshal=s Office to create a record of each system for tracking purposes, every water-based fire protection system shall have a separate and distinct serial identification number. Each system shall be tagged with a seal issued by the State Fire Marshal=s Office. The seal shall be placed in a highly visible location. Each of the following devices must bear a separate identification tag and corresponding serial number.
(1) Each main control valve from each sprinkler riser. The identification tag shall be placed either on or around the main control valve or on or around the main drain.
(2) Each fire pump or booster pump, excluding jockey pumps, shall have a separate tag and serial number.
(3) Each main system double-check backflow preventer assembly. The tag should be placed on or around one of the control valves for the device.
(4) Auxiliary systems, such as pre-action systems, dry-systems, anti-freeze loops, etc. do not require a separate tag and serial number. However, in each annual inspection report, the condition of these auxiliary systems must be reported and noted on the corresponding main control valve inspection report.
004. Periodic Inspections :
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 Contractor=s 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, AStandards 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 Contractor=s Representative shall complete a Nebraska State Fire Marshal Fire Sprinkler Inspection Form, see ATTACHMENT AC@ . 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 Marshal=s 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 Marshal=s Office in Lincoln, Albion, or North Platte and the delegated authority in Beatrice, Bellevue, Grand Island, Lincoln, Norfolk, North Platte, Omaha, and Scottsbluff.
-
Installation of Sprinkler Systems - NFPA 13 (1994 Edition)
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Sprinkler Systems in One & Two Family Dwellings and Manufactured Homes - NFPA 13D (1994 Edition)
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Sprinkler Systems in Residential Occupancies Up to & Including Four Stories in Height - NFPA 13R (1994 Edition)
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Installation of Standpipe & Hose System - NFPA 14 (1996 Edition)
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Water Spray Fixed Systems - NFPA 15 (1990 Edition)
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Deluge Foam-Water Sprinkler Systems & Foam-Water Spray Systems NFPA 16 (1995 Edition)
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Installation of Closed-Head Foam Water Sprinkler Systems NFPA 16A (1994 Edition)
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Installation of Centrifugal Fire Pumps - NFPA 20 (1993 Edition)
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Water Tanks for Private Fire Protection - NFPA 22 (1996 Edition)
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Installation of Private Fire Service Mains - NFPA 24 (1995 Edition)
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Water-Based Fire Protection Systems - NFPA 25 (1995 Edition)
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General Storage - NFPA 231 (1995 Edition)
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Rack Storage of Materials - NFPA 231C (1995 Edition)
*Legal Citation: Title 153, Chapter 19, Nebraska State Fire Marshal
*Statutory Authority: Neb. Rev. Stat. ' 81-5,158 - 5,164 (1997 Supp.)
History
- Effective 1999-06-26
Chapter 20 Fees for Inspection for Fire Safety
Neb. Admin. Code tit. 153, ch. 20 Fees for Inspection for Fire Safety {#sec-153-nac-20 omnilex-key=us-ne-regs-official--title-153--153 NAC 20}
001. Statement of Purpose . 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.
002. Definitions . 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.
003 . Fee Schedule for Inspections for Fire Safety Effective April 1, 2004.
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.
004. Certificate of Occupancy . 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. Legal Citation: Title 153, Chapter 20, Nebraska Administrative Code. Statutory Authority: Neb. Rev. Stat. § 81-505.01 (Reissue 1999).
History
- Effective 2004-06-02
Chapter 21 Review and Approval of Plans and Fees Assessed
Neb. Admin. Code tit. 153, ch. 21 Review and Approval of Plans and Fees Assessed {#sec-153-nac-21 omnilex-key=us-ne-regs-official--title-153--153 NAC 21}
Chapter 21 REVIEW AND APPROVAL OF PLANS AND FEES ASSESSED
01. Statement of Purpose . This Chapter implements the provisions of Neb. Rev. Stat. 81-505.01 (Supp. 2021) dealing with review and approval of plans and the fees assessed for such review and approval.
02. Definitions . 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 means 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.
03. Review and Approval of Plans .
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 must 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 not 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.
03.02 Procedure for Plans Review.
03.02A Application Process. To submit plans for review, the applicant will complete and submit a Plan Submittal Application that includes:
03.02A1 Plans of sufficient clarity to indicate the location, nature, and extent of the work proposed. These plans will show in detail that the proposed work will conform to the rules and regulations of the State Fire Marshal Agency.
03.02A2 Any other data and/or information necessary to complete the review.
03.02A3 Appropriate fees as determined by Section 4.
03.03 Plans Approval Issuance.
03.03A. Issuance If the State Fire Marshal finds that the work described in a Plan Submittal Application conforms to the rules and regulations of the State Fire Marshal and that the fees specified in Section 004 of this Chapter have been paid, a plans approval will be issued to the applicant.
03.03A1 When conditional items are noted on the plans review approval, satisfactory correction of such items will be required to be addressed or corrected prior to final inspection by the State Fire Marshal.
03.03A2 When the State Fire Marshal issues the plans review approval, the plans will be endorsed by written notification and /or stamped “APPROVED”. Such approved plans, including the plans review approval, will not be changed, modified, or altered by the submitting party. All work will be done in accordance with the approved plans and plans review approval. Separate changes, if needed, will be submitted to the State Fire Marshal as an addendum or revision.
03.03A3 Validity of Plans Approval The issuance of plans review approval does not prevent the State Fire Marshal from thereafter requiring the correction of errors in said plans, or from preventing building operations carried on thereunder, when in violation of any rule or regulation of the State Fire Marshal.
03.03A4. Expiration of Plans Approval Every plans approval issued by the State Fire Marshal will expire if the building or work authorized by such approval is not commenced within 180 days from the date of such plans review approval, unless extended by the State Fire Marshal.
03.03A5 Disapproval of Plans Where the State Fire Marshal has not issued a plans review approval, the applicant will be notified in writing of the reasons for such disapproval.
03.03A6 Suspension or Revocation. The State Fire Marshal may, in writing to the owner or owner’s authorized representative, suspend or revoke a plans review approval issued in error or on the basis of incorrect information supplied, or for violation of any regulation or provision of the State Fire Marshal.
04. Fees for Review and Approval of Plans
04.01 Fees to be assessed: The minimum review fee is $50.00. In addition, A review fee of $1.50 will be assessed for every $1,000.00 of total value of the proposed structure or improvement, up to a maximum review fee of $5000.00. The late submittal fee as outlined in Neb. Rev. Stat. §81-503.01(3) will be required for all plans submitted after remodeling or construction has begun. The fee for assessing compliance with accessibility standards adopted pursuant to Neb. Rev. Stat.§ 81-5,147 will comply with Neb. Rev. Stat. §81-503.01(4)(c).
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 An 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.
04.04 State agencies and state colleges will be billed on an IBT. All other fees are to be paid via check or on-line electronic payment.
04.05 Fee Refunds. The State Fire Marshal may authorize the refunding of that portion of any fee paid hereunder which was erroneously paid or collected.
History
- Effective 2025-09-02
Chapter 22 Certificate of Occupancy
Neb. Admin. Code tit. 153, ch. 22 Certificate of Occupancy {#sec-153-nac-22 omnilex-key=us-ne-regs-official--title-153--153 NAC 22}
001. Definitions. Unless otherwise specified, definitions of words or terms contained in this Chapter shall be the same as those set forth in Chapter 3 of this Title.
002. Certificate of Occupancy.
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.
History
- Effective 1983-09-06
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