Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-6319.32 Person, defined.
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Person means any natural or judicial person, including any individual, corporation, partnership, or association, any state, or political subdivision thereof, any interstate body, and any department, agency, or instrumentality of the United States Government.
Neb. Rev. Stat. § 71-6319.33 Principal instructor, defined.
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Principal instructor means the individual who has the primary responsibility for organizing and teaching a particular course.
Neb. Rev. Stat. § 71-6319.34 Reduction, defined.
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Reduction means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement.
Neb. Rev. Stat. § 71-6319.35 Residential dwelling, defined.
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Residential dwelling means a detached single-family dwelling unit, including attached structures such as porches and stoops, or a single-family dwelling unit in a structure that contains more than one separate residential dwelling unit which is used or occupied or intended to be …
Neb. Rev. Stat. § 71-6319.36 Risk assessment, defined.
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Risk assessment means an onsite investigation to determine the existence, nature, severity, and location of lead-based paint hazards and the provision of a report by the individual or the firm conducting the risk assessment, explaining the results of the investigation and options…
Neb. Rev. Stat. § 71-6319.37 Target housing, defined.
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Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities unless one or more children six years of age or under resides or is expected to reside in such housing for the elderly or persons with disabilities or any zero-…
Neb. Rev. Stat. § 71-6319.38 Training curriculum, defined.
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Training curriculum means an established set of course topics for instruction in an accredited training program for a particular lead-based paint profession designed to provide specialized knowledge and skills.
Neb. Rev. Stat. § 71-6319.39 Training program manager, defined.
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Training program manager means the individual responsible for administering an accredited training program and monitoring the performance of principal instructors and guest instructors.
Neb. Rev. Stat. § 71-6319.40 Visual lead-hazard screen, defined.
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Visual lead-hazard screen means a visual assessment to determine the presence of deteriorated paint or other potential sources of lead-based paint hazards in a residential dwelling or child-occupied facility. Visual lead-hazard screen includes a written report explaining the resu…
Repealed. Laws 1971, LB 245, § 13.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-6320 Lead abatement project; firm; license required.
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Except as otherwise provided in the Residential Lead-Based Paint Professions Practice Act, a firm shall not engage in an abatement project unless the firm holds a license for that purpose.
Neb. Rev. Stat. § 71-6321 Administration of act; rules and regulations; department; powers and duties.
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(1) The department shall administer the Residential Lead-Based Paint Professions Practice Act. (2) The department shall adopt and promulgate rules and regulations necessary to carry out such act. The department shall adopt state standards governing abatement projects and may adop…
Neb. Rev. Stat. § 71-6322 Firm; license; qualifications.
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To qualify for a license, a firm shall: (1) Own or demonstrate immediate and continuing access to and maintain in operable condition modern and effective equipment, as prescribed by the department, which is designed for use in abatement projects; (2) Ensure that each employee or …
Neb. Rev. Stat. § 71-6323 License; application; contents; current certificate holder; how treated.
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(1) To apply for a license, a firm shall submit an application to the department in the form required by the department and shall pay the fee prescribed by the department. (2) The application shall include, but not be limited to: (a) The name, address, and nature of the firm; (b)…
Repealed. Laws 1999, LB 863, § 57.
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[Repealed or reserved.]
Repealed. Laws 1999, LB 863, § 57.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-6326 Individuals; license required; qualifications; term; renewal; applications; current certificate holder; how treated.
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(1) An individual shall not be eligible to work on an abatement project unless the individual holds a license issued by the department. (2) The department shall issue the following classes of licenses: Worker, supervisor, inspector, risk assessor, visual lead-hazard advisor, elev…
Neb. Rev. Stat. § 71-6327 Lead-based paint professions; license; application; disciplinary actions; fees; continuing competency requirements.
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(1) An applicant for a license in any of the lead-based paint professions prescribed in the Residential Lead-Based Paint Professions Practice Act shall be made as provided in the Uniform Credentialing Act. An individual shall be credentialed in the same manner as an individual un…
Neb. Rev. Stat. § 71-6328 Governmental body; acceptance of bid; limitation.
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No state agency, county, city, village, school district, or other political subdivision shall accept a bid in connection with any abatement project from a firm which does not hold a license from the department at the time the bid is submitted.
Neb. Rev. Stat. § 71-6328.01 Reciprocity.
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Any individual or firm who or which has been issued a license, a certificate, or accreditation for training in another state which (1) has a licensure, certification, or accreditation program approved by the federal Environmental Protection Agency, (2) has licensure, accreditatio…
Neb. Rev. Stat. § 71-6328.02 Existing rules, regulations, licenses, certificates, forms of approval, suits, other proceedings; how treated.
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(1) All rules and regulations adopted prior to December 1, 2008, under the Residential Lead-Based Paint Professions Certification Act shall continue to be effective under the Residential Lead-Based Paint Professions Practice Act to the extent not in conflict with the changes made…
Neb. Rev. Stat. § 71-6329 Violations; penalties.
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(1) A firm which engages in an abatement project without a valid license as provided in the Residential Lead-Based Paint Professions Practice Act shall be assessed a civil penalty of not less than five thousand dollars nor more than twenty-five thousand dollars for the first offe…
Repealed. Laws 1971, LB 245, § 13.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-6330 Violations; action to enjoin.
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Upon the request of the department, the Attorney General or appropriate county attorney shall institute without delay an action in the name of the state for proceedings appropriate against any individual or firm to restrain or prevent any violation of the Residential Lead-Based P…
Neb. Rev. Stat. § 71-6331 Violations; disciplinary actions; civil penalty; procedure; appeal; lien; enforcement.
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(1) An application or a license under the Residential Lead-Based Paint Professions Practice Act may be denied, refused renewal, suspended, or revoked if the applicant or licensee violates any of the provisions of the act, fraudulently or deceptively obtains or attempts to obtain …
Neb. Rev. Stat. § 71-6331.01 Environmental audits; applicability.
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Sections 25-21,254 to 25-21,264 do not apply to the Residential Lead-Based Paint Professions Practice Act.
Repealed. Laws 1999, LB 863, § 57.
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[Repealed or reserved.]
Repealed. Laws 1999, LB 863, § 57.
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[Repealed or reserved.]
Neb. Rev. Stat. § 71-634 Birth or death certificate; correction.
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The department shall charge and collect the same fee as prescribed in subsection (1) of section 71-612 for each proceeding under sections 71-630 and 71-635 to 71-644. All fees so collected shall be remitted to the State Treasurer for credit to the Health and Human Services Cash F…
Neb. Rev. Stat. § 71-635 Birth or death certificate; amendments; application; by whom made.
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(1) To amend a birth certificate, application may be made by one of the parents, the guardian, the registrant if of legal age, or the individual responsible for filing the certificate. (2) To amend a death or fetal death certificate, except the medical certification, application …
Neb. Rev. Stat. § 71-636 Birth certificates; amendments.
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Amendment of obvious errors, of transposition of letters in words of common knowledge, or of omissions on birth certificates may be made by the department within the first year after the date of the birth, either upon its own observation, upon query, or upon request of a person w…
Neb. Rev. Stat. § 71-637 Birth or death certificates; amendment; evidence required.
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All other amendments to vital records made during the first year, unless otherwise provided in sections 71-630 and 71-635 to 71-644, shall be supported by (1) an affidavit setting forth information to identify the certificate, the incorrect data as it is listed on the certificate…
Neb. Rev. Stat. § 71-638 Birth or death certificates; application for amendment; made one year after date; evidence required.
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Applications for amendments to vital records made one year or more after the event, unless otherwise provided in the regulations or by law, shall be supported by (1) an affidavit setting forth information to identify the certificate, the incorrect data as it is listed on the cert…
Neb. Rev. Stat. § 71-639 Birth or death certificate; amendments; evaluation of evidence.
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The department shall evaluate all evidence submitted for amendments to vital records and when it finds reason to question its validity or adequacy it may reject the amendment and shall advise the applicant of the reasons for this action.
Neb. Rev. Stat. § 71-640 Birth certificates; given names; change; procedure.
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(1) Until the registrant's first birthday, given names may be changed upon written request of (a) both parents, (b) the mother in the case of a child born out of wedlock or the death or incapacity of the father, (c) the father in the case of the death or incapacity of the mother,…
Neb. Rev. Stat. § 71-640.01 Birth certificates; identification of father.
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The information pertaining to the identification of the father at the time of birth of an infant born in this state and reported on a birth certificate, filled out and filed pursuant to the Vital Statistics Act, shall comply with the following: (1) If the mother was married at th…
Neb. Rev. Stat. § 71-640.02 Children born out of wedlock; birth certificate; enter name of father; when.
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The department shall enter on the birth certificate of any child born out of wedlock the name of the father of the child upon receipt of (1) a certified copy of a court order showing that paternity has been established or a statement in writing by the father that he is the father…
Neb. Rev. Stat. § 71-640.03 Birth certificate; surname of child.
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(1) In any case in which paternity of a child is determined by a court of competent jurisdiction, the surname of the child may be entered on the record the same as the surname of the father. (2) The surname of the child shall be the parents' prerogative, except that the departmen…
Neb. Rev. Stat. § 71-640.04 Birth certificate; name of father changed; when.
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The name of the father as shown on the birth certificate may be changed and a new certificate issued only when a determination of paternity is made by a court of competent jurisdiction. The evidence from which the new certificate is prepared and the original certificate of birth …
Neb. Rev. Stat. § 71-6401 Act, how cited.
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Sections 71-6401 to 71-6409 shall be known and may be cited as the Building Construction Act.
Neb. Rev. Stat. § 71-6402 Purpose of act.
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It is the purpose of the Building Construction Act to: (1) Adopt a state building code to govern the construction, reconstruction, alteration, and repair of buildings and other structures within Nebraska; (2) Provide state standards to safeguard life, health, property, and the pu…
Neb. Rev. Stat. § 71-6403 State building code; adopted; amendments.
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(1) There is hereby created the state building code. The Legislature hereby adopts by reference: (a) The International Building Code (IBC), 2018 edition, except section 101.4.3 and chapter 29, published by the International Code Council, except that (i) section 305.2.3 applies to…
Neb. Rev. Stat. § 71-6404 State building code; applicability.
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(1) For purposes of the Building Construction Act: (a) Component means a portion of the state building code created pursuant to section 71-6403; and (b) Radon resistant new construction has the same meaning as in section 76-3503. (2) The state building code shall be the building …
Neb. Rev. Stat. § 71-6405 State building code; compliance required.
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(1) All state agencies, including all state constitutional offices, state administrative departments, and state boards and commissions, the University of Nebraska, and the Nebraska state colleges, shall comply with the state building code. The state building code shall be the leg…
Neb. Rev. Stat. § 71-6406 County, city, or village; building code; adopt; amend; enforce; copy; fees.
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(1)(a) Any county, city, or village may enact, administer, or enforce a local building or construction code if or as long as such county, city, or village: (i) Adopts the state building code; or (ii) Adopts a building or construction code that conforms generally with the state bu…
Neb. Rev. Stat. § 71-6407 Construction of act.
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Nothing in the Building Construction Act shall be construed to authorize any state agency or political subdivision to regulate the construction of farm buildings or other buildings or structures when such regulation is otherwise prohibited by law. Nothing in the act shall be cons…
Neb. Rev. Stat. § 71-6408 Refrigerant; state building code; regulation; restrictions.
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No provision of the state building code may prohibit or otherwise limit the use of a refrigerant designated as acceptable for use pursuant to and in accordance with 42 U.S.C. 7671k, as such section existed on January 1, 2023, as long as any equipment containing such refrigerant i…
Neb. Rev. Stat. § 71-6409 Building permit; inspections; how conducted.
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(1) For purposes of this section: (a) Authorized inspector means an individual credentialed with the state agency, county, city, or village issuing permits or a third-party inspector registered or licensed with the State of Nebraska contracted as a result of project specification…
Neb. Rev. Stat. § 71-641 Birth certificates; without given name; legal change of name; procedure.
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(1) Until the registrant's seventh birthday, the given name, for a child whose birth was recorded without a given name, may be added based upon an affidavit signed by (a) both parents, (b) the mother in the case of a child born out of wedlock or the death or incapacity of the fat…
Neb. Rev. Stat. § 71-642 Birth or death certificates; medical certification; amendment; requirements.
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All items in the medical certification or of a medical nature in a vital record may be amended only upon receipt of a signed statement from those responsible for completion of the entries involved as provided in the Vital Statistics Act. The department may, at its discretion, req…