Chapter 71 — PUBLIC HEALTH AND WELFARE

3,329 sections in this chapter.

3,329 sectionsFiltered byCh 71

Repealed. Laws 1988, LB 1073, § 20.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 71-6309 Waiver of requirements; when authorized.
1.3K chars
(1) In the event of an emergency in which, in the opinion of the department, there is created a situation of present and severe danger which poses an immediate threat to the public health, safety, and welfare, the department may waive the requirement for licensure of an individua…
Repealed. Laws 1995, LB 406, § 96.
0.0K chars
[Repealed or reserved.]
Repealed. Laws 1971, LB 245, § 13.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 71-6310 Individual worker; license required; qualifications; disciplinary actions; applications; current certificate holder; how treated; limited license; instructors; qualifications.
3.6K chars
(1) An individual shall not be eligible to work on an asbestos project unless the individual holds the appropriate class of license issued by the department. Application for a license shall be made as provided in the Uniform Credentialing Act. An individual shall be credentialed …
Neb. Rev. Stat. § 71-6310.01 Asbestos occupations; training courses; approval.
7.3K chars
(1) The department shall approve training courses for each classification of asbestos occupation. Applicants for course approval shall meet the requirements for each course and shall submit an application on forms provided by the department together with the prescribed fee. Appro…
Neb. Rev. Stat. § 71-6310.02 Asbestos occupations; license; renewal; continuing competency requirements.
0.9K chars
(1) Any individual licensed in any of the asbestos occupations prescribed in section 71-6310, as a condition for license renewal, shall complete continuing competency activities as required by the department and shall be examined and approved by a physician as prescribed for init…
Neb. Rev. Stat. § 71-6310.03 Project designer or project monitor; duties.
2.4K chars
If a project designer or a project monitor is selected by the structure's owner or operator for an asbestos project, the project designer and project monitor shall be responsible for the following: (1) Project designers shall prepare plans and specifications for business entities…
Neb. Rev. Stat. § 71-6310.04 Fees.
0.2K chars
The department shall establish and collect fees for issuance and renewal of licenses as provided in sections 38-151 to 38-157 for individuals licensed under section 71-6310.
Neb. Rev. Stat. § 71-6311 Governmental body; contract with nonlicensee prohibited.
0.4K chars
No state agency, county, city, village, school district, or other political subdivision shall accept a bid in connection with any asbestos project which is two hundred sixty or more linear feet or one hundred sixty or more square feet and linear feet in any combination from a bus…
Neb. Rev. Stat. § 71-6312 Violations; penalties.
2.0K chars
(1) An individual or business entity which engages in an asbestos project without a valid license, except as otherwise provided in the Asbestos Control Act, shall be assessed a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars for the…
Neb. Rev. Stat. § 71-6313 Violations; action to enjoin.
0.3K chars
The Attorney General may institute an action in the name of the state for an injunction or other process against any business entity or individual to restrain or prevent any violation of the Asbestos Control Act or of any rules and regulations adopted and promulgated pursuant to …
Neb. Rev. Stat. § 71-6314 Violations; citation; disciplinary actions; procedures; civil penalty; lien; enforcement.
4.4K chars
(1) When the department determines that a business entity that holds a license has violated the Asbestos Control Act or any rule and regulation adopted and promulgated pursuant to the act, the department may, rather than initially instituting disciplinary proceedings pursuant to …
Neb. Rev. Stat. § 71-6315 Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.
0.7K chars
(1) All rules and regulations adopted prior to December 1, 2008, under the Asbestos Control Act shall continue to be effective to the extent not in conflict with the changes made by Laws 2007, LB 463. (2) All licenses, certificates, or other forms of approval issued prior to Dece…
Neb. Rev. Stat. § 71-6316 Act; districts exempt.
0.1K chars
The Asbestos Control Act shall not apply to a district as defined in section 70-601 or a district subject to sections 14-2101 to 14-2157.
Neb. Rev. Stat. § 71-6317 Asbestos Control Act; act, how cited.
0.1K chars
Sections 71-6301 to 71-6317 shall be known and may be cited as the Asbestos Control Act.
Neb. Rev. Stat. § 71-6318 Residential Lead-Based Paint Professions Practice Act; act, how cited.
0.1K chars
Sections 71-6318 to 71-6331.01 shall be known and may be cited as the Residential Lead-Based Paint Professions Practice Act.
Neb. Rev. Stat. § 71-6318.01 Act; purpose and applicability.
1.2K chars
(1) The Residential Lead-Based Paint Professions Practice Act contains procedures and requirements for the accreditation of training programs, procedures and requirements for the licensure of individuals and firms engaged in lead-based paint activities, and work practice standard…
Repealed. Laws 1999, LB 863, § 57.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 71-6319.01 Definitions, where found.
0.1K chars
For purposes of the Residential Lead-Based Paint Professions Practice Act, the definitions found in sections 71-6319.02 to 71-6319.40 apply.
Neb. Rev. Stat. § 71-6319.02 Abatement or abatement project, defined.
2.3K chars
Abatement or abatement project means any measure or set of measures designed to permanently eliminate lead-based paint hazards. Abatement includes, but is not limited to: (1) The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of l…
Neb. Rev. Stat. § 71-6319.03 Accredited training program, defined.
0.2K chars
Accredited training program means a training program that has been accredited by the department to provide training for individuals engaged in lead-based paint activities.
Neb. Rev. Stat. § 71-6319.04 Licensed abatement worker, defined.
0.2K chars
Licensed abatement worker means an individual who has been trained by an accredited training program and licensed by the department to perform abatement projects.
Neb. Rev. Stat. § 71-6319.05 Licensed firm, defined.
0.1K chars
Licensed firm means a firm to which the department has issued a license.
Neb. Rev. Stat. § 71-6319.06 Licensed inspector, defined.
0.2K chars
Licensed inspector means an individual who has been trained by an accredited training program and licensed by the department to conduct inspections and sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.
Neb. Rev. Stat. § 71-6319.07 Licensed project designer, defined.
0.2K chars
Licensed project designer means an individual who has been trained by an accredited training program and licensed by the department to prepare abatement project designs, occupant protection plans, and abatement reports.
Neb. Rev. Stat. § 71-6319.08 Licensed risk assessor, defined.
0.3K chars
Licensed risk assessor means an individual who has been trained by an accredited training program and licensed by the department to conduct risk assessments and to sample for the presence of lead in dust and soil for the purposes of abatement clearance testing.
Neb. Rev. Stat. § 71-6319.09 Licensed supervisor, defined.
0.2K chars
Licensed supervisor means an individual who has been trained by an accredited training program and licensed by the department to supervise and conduct abatement projects and to prepare occupant protection plans and abatement reports.
Neb. Rev. Stat. § 71-6319.10 Licensed visual lead-hazard advisor, defined.
0.2K chars
Licensed visual lead-hazard advisor means an individual who has been trained by an accredited training program and licensed by the department to conduct a visual lead-hazard screen.
Neb. Rev. Stat. § 71-6319.11 Child-occupied facility, defined.
0.5K chars
Child-occupied facility means a building or portion of a building, constructed prior to 1978, visited regularly by the same child six years of age or under, on at least two different days within any seven-day period running from Sunday through Saturday, if each daily visit lasts …
Neb. Rev. Stat. § 71-6319.12 Common area, defined.
0.2K chars
Common area means a portion of a building that is generally accessible to all occupants and may include, but is not limited to, a hallway, stairway, laundry or recreational room, playground, community center, garage, or boundary fence.
Neb. Rev. Stat. § 71-6319.13 Component or building component, defined.
1.1K chars
Component or building component means a specific design or structural element or a fixture of a building, residential dwelling, or child-occupied facility that is distinguished from others by form, function, and location and may include, but is not limited to, (1) interior compon…
Neb. Rev. Stat. § 71-6319.14 Containment, defined.
0.2K chars
Containment means a process to protect workers and the environment by controlling exposure to the lead-contaminated dust and debris created during an abatement project.
Neb. Rev. Stat. § 71-6319.15 Department, defined.
0.1K chars
Department means the Department of Health and Human Services.
Neb. Rev. Stat. § 71-6319.16 Deteriorated paint, defined.
0.1K chars
Deteriorated paint means paint that is cracking, flaking, chipping, peeling, or otherwise separating from the substrate of a building component.
Repealed. Laws 2007, LB 296, § 815.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 71-6319.18 Elevated blood-lead level, defined.
0.3K chars
Elevated blood-lead level means a confirmed concentration of lead in whole blood of twenty micrograms of lead per deciliter of whole blood for a single venous test or of fifteen to nineteen micrograms of lead per deciliter of whole blood in two consecutive tests taken three to fo…
Neb. Rev. Stat. § 71-6319.19 Encapsulant, defined.
0.2K chars
Encapsulant means a substance that forms a barrier between lead-based paint and the environment using a liquid-applied coating, with or without reinforcement materials, or an adhesively bonded covering material.
Neb. Rev. Stat. § 71-6319.20 Encapsulation, defined.
0.1K chars
Encapsulation means the application of an encapsulant.
Neb. Rev. Stat. § 71-6319.21 Enclosure, defined.
0.2K chars
Enclosure means the use of rigid, durable construction materials that are mechanically fastened to the substrate in order to act as a barrier between lead-based paint and the environment.
Neb. Rev. Stat. § 71-6319.22 Firm, defined.
0.2K chars
Firm means a company, partnership, corporation, sole proprietorship, association, or other business entity that conducts lead-based paint abatement or abatement projects.
Neb. Rev. Stat. § 71-6319.23 Guest instructor, defined.
0.2K chars
Guest instructor means an individual designated by the training program manager or principal instructor to provide instruction specific to the lecture, hands-on activities, or work practice components of a course.
Neb. Rev. Stat. § 71-6319.24 Inspection, defined.
0.2K chars
Inspection means a surface-by-surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation.
Neb. Rev. Stat. § 71-6319.25 Interim controls, defined.
0.4K chars
Interim controls means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potentia…
Neb. Rev. Stat. § 71-6319.26 Lead-based paint, defined.
0.2K chars
Lead-based paint means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter or more than five-tenths of one percent by weight in a residential dwelling or child-occupied facility.
Neb. Rev. Stat. § 71-6319.27 Lead-based paint activities, defined.
0.1K chars
Lead-based paint activities means, in the case of target housing and child-occupied facilities, inspection, risk assessment, and abatement.
Neb. Rev. Stat. § 71-6319.28 Lead-based paint hazard, defined.
0.3K chars
Lead-based paint hazard means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, or lead-contaminated paint that is deteriorated paint or is present in accessible surfaces, friction surfaces, or impact surfaces that would result in adv…
Neb. Rev. Stat. § 71-6319.29 Lead-based paint profession, defined.
0.3K chars
Lead-based paint profession means one of the specific types or categories of lead-based paint activities identified in the Residential Lead-Based Paint Professions Practice Act for which individuals may receive training from an accredited training program and become licensed by t…
Neb. Rev. Stat. § 71-6319.30 Lead-contaminated dust, defined.
0.2K chars
Lead-contaminated dust means surface dust in a residential dwelling or child-occupied facility that contains an area or mass concentration of lead at or in excess of levels identified by the department.
Neb. Rev. Stat. § 71-6319.31 Lead-contaminated soil, defined.
0.2K chars
Lead-contaminated soil means bare soil on residential real property or on the property of a child-occupied facility that contains lead at or in excess of levels identified by the department.