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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-5,151 Training division; established; purpose; State Fire Marshal; powers and duties.
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The State Fire Marshal shall establish a training division for purposes of operating a statewide training program for fire department personnel, others involved in fire safety training, and other emergency responders that may require specialized training available from the traini…
Neb. Rev. Stat. § 81-5,152 Training program; fees.
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The training program as set out in section 81-5,151 for volunteer fire departments and career fire departments shall be free, except that the State Fire Marshal may charge for such books and materials given to the students, testing, or specialized courses. The State Fire Marshal …
Neb. Rev. Stat. § 81-5,153 Training Division Cash Fund; created; use; investment.
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(1) The Training Division Cash Fund is created. The State Fire Marshal shall administer the fund. (2) Money collected pursuant to section 81-5,152 shall be remitted to the State Treasurer for credit to the fund. Such money in the fund shall be used for the purpose of administerin…
Neb. Rev. Stat. § 81-5,157 Fire Service and Safety Training Program; transfer to State Fire Marshal; personnel, records, and other property; transfer.
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The Fire Service and Safety Training Program is hereby transferred to the State Fire Marshal. All personnel of the program in the State Department of Education who manage, teach, are office personnel, or are involved in the running of the program shall be transferred to the offic…
Neb. Rev. Stat. § 81-5,158 Terms, defined.
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For purposes of sections 81-5,158 to 81-5,164: (1) Responsible managing employee means an individual 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 at l…
Neb. Rev. Stat. § 81-5,159 Contractor certificate; required; application; fee; examination; renewal; responsible managing employee.
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(1) Any water-based fire protection system contractor who installs, repairs, alters, adds to, maintains, or inspects water-based fire protection systems in this state shall first obtain a contractor certificate. (2) A water-based fire protection system contractor may apply to the…
Neb. Rev. Stat. § 81-5,160 Contractor; insurance required.
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A water-based fire protection system contractor shall maintain general and completed operations liability insurance for installation, inspection, and testing of water-based fire protection systems providing at least one million dollars of coverage.
Neb. Rev. Stat. § 81-5,161 Sections; how construed.
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Sections 81-5,158 to 81-5,164 shall not be construed to: (1) Relieve any person from payment of local license or permit fees; (2) Limit the power of the state or political subdivisions to regulate the quality and character of work performed by water-based fire protection system c…
Neb. Rev. Stat. § 81-5,162 Fees; penalties; distribution.
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Any money collected under sections 81-5,158 to 81-5,160 shall be remitted to the State Treasurer for credit to the State Fire Marshal Cash Fund. Any civil penalties collected under section 81-5,163 shall be remitted to the State Treasurer for credit to the permanent school fund.
Neb. Rev. Stat. § 81-5,163 Violation; penalties.
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Any violation of sections 81-5,158 to 81-5,162 is a Class V misdemeanor. In addition, the State Fire Marshal may impose a civil penalty of up to two hundred fifty dollars for each day a violation continues. Any violation shall also constitute grounds for revocation of a contracto…
Neb. Rev. Stat. § 81-5,164 Rules and regulations.
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The State Fire Marshal shall adopt and promulgate rules and regulations to carry out sections 81-5,158 to 81-5,163.
Neb. Rev. Stat. § 81-5,165 Act, how cited.
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Sections 81-5,165 to 81-5,189 shall be known and may be cited as the Boiler Inspection Act.
Neb. Rev. Stat. § 81-5,166 Terms, defined.
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As used in the Boiler Inspection Act, unless the context otherwise requires: (1) Authorized inspection agency means an authorized inspection agency as defined in NB-369, National Board Qualifications and Duties for Authorized Inspection Agencies (AIAs) Performing Inservice Inspec…
Neb. Rev. Stat. § 81-5,167 State boiler inspector; deputy inspectors; qualifications; bond or insurance.
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(1) The State Fire Marshal shall employ a state boiler inspector who shall work under the direct supervision of the State Fire Marshal or his or her designee. The state boiler inspector shall: (a) Be a practical boilermaker, technical engineer, operating engineer, or boiler inspe…
Neb. Rev. Stat. § 81-5,168 State boiler inspector; inspection; exception; contract with authorized inspection agency; certification.
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(1) Except as provided in subsections (3) and (4) of this section, the state boiler inspector shall inspect or cause to be inspected at least once every twelve months all boilers required to be inspected by the Boiler Inspection Act to determine whether the boilers are in a safe …
Neb. Rev. Stat. § 81-5,169 State Fire Marshal and boiler inspectors; right of entry.
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The State Fire Marshal and the boiler inspectors shall have the right and power to enter any building or structure, public or private, for the purpose of inspecting any boilers required to be inspected by the Boiler Inspection Act or gathering information relating to such boilers…
Neb. Rev. Stat. § 81-5,170 Certificate of inspection; certificate of registration; fees.
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(1) Upon making an inspection of any boilers required to be inspected by the Boiler Inspection Act and upon receipt of the inspection fee and certificate fee or registration fee, the boiler inspector shall give to the owner or user of the boilers a certificate of inspection or ce…
Neb. Rev. Stat. § 81-5,171 Excessive pressure prohibited.
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The owner, user, or person or persons in charge of any boiler required to be inspected by the Boiler Inspection Act shall not allow or permit a greater pressure in any unit than is stated in the certificate of inspection issued by the inspector.
Neb. Rev. Stat. § 81-5,172 Boilers and vessels to which act does not apply.
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The Boiler Inspection Act shall not apply to: (1) Boilers of railway locomotives subject to federal inspection; (2) Boilers operated and regularly inspected by railway companies operating in interstate commerce; (3) Boilers under the jurisdiction and subject to regular periodic i…
Neb. Rev. Stat. § 81-5,173 State Fire Marshal; adopt rules and regulations; adopt schedule of fees; incorporation of codes.
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The State Fire Marshal may adopt and promulgate rules and regulations for the purpose of effectuating the Boiler Inspection Act, including rules and regulations for the methods of testing equipment, the construction and installation of new boilers, and a schedule of inspection an…
Neb. Rev. Stat. § 81-5,174 Boiler explosion; investigation; report.
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The state boiler inspector shall investigate and report to the State Fire Marshal the cause of any boiler explosion that may occur in the state, the loss of life, the injuries sustained, the estimated loss of property, if any, and such other data as may be of benefit in preventin…
Neb. Rev. Stat. § 81-5,175 State boiler inspector; record of equipment.
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The state boiler inspector shall keep in the office of the State Fire Marshal a complete and accurate record of the name of the owner or user of any boiler required to be inspected by the Boiler Inspection Act and a full description of the equipment including the type, dimensions…
Neb. Rev. Stat. § 81-5,176 Equipment; installation; notice to State Fire Marshal; reinspection.
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Before any boiler required to be inspected by the Boiler Inspection Act is installed, a ten days' written notice of intention to install the boiler shall be given to the State Fire Marshal, except that the State Fire Marshal may, upon application and good cause shown, waive the t…
Neb. Rev. Stat. § 81-5,177 Special inspector commission; requirements; inspection under provision of a city ordinance; inspection under the act not required; when; insurance coverage required.
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(1)(a) The State Fire Marshal may issue a special inspector commission to an inspector in the employ of a company if the inspector has previously passed the examination prescribed by the National Board of Boiler and Pressure Vessel Inspectors and the company is an insurance compa…
Neb. Rev. Stat. § 81-5,178 Defective boiler; notice to user.
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The state boiler inspector shall notify the user in writing of any boiler found to be unsafe or unfit for operation setting forth the nature and extent of such defects and condition. The notice shall indicate whether or not the boiler may be used without making repair or replacem…
Neb. Rev. Stat. § 81-5,179 Boiler; inspection; fees.
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The owner or user of a boiler required to be inspected under the Boiler Inspection Act or inspected by request of the boiler owner shall pay a fee for such inspection or inspections in accordance with the rules and regulations adopted and promulgated by the State Fire Marshal. An…
Neb. Rev. Stat. § 81-5,180 Boiler Inspection Cash Fund; created; use; investment.
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The Boiler Inspection Cash Fund is created. The State Fire Marshal shall use the fund for the administration of the boiler inspection program pursuant to the Boiler Inspection Act. The fund shall consist of money appropriated to it by the Legislature and fees collected in the adm…
Neb. Rev. Stat. § 81-5,181 Violation; penalty.
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Any person, persons, corporations, and the directors, managers, superintendents, and officers of such corporations violating the Boiler Inspection Act shall be guilty of a Class III misdemeanor.
Neb. Rev. Stat. § 81-5,182 Defective boiler; State Fire Marshal; state boiler inspector; powers.
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In addition to any and all other remedies, if any owner, user, or person in charge of any boiler required to be inspected by the Boiler Inspection Act continues to use the same after receiving a notice of defect as provided by the act, without first correcting the defects or maki…
Neb. Rev. Stat. § 81-5,183 Petition for injunction; notice to owner or user; procedure.
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The State Fire Marshal shall notify the owner or user of the equipment in writing of the time and place of hearing of the petition, as fixed by the court or judge, and serve the notice on the defendant at least five days prior to the hearing in the same manner as original notices…
Neb. Rev. Stat. § 81-5,184 Boiler Safety Code Advisory Board; created; members; terms.
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There is hereby created the Boiler Safety Code Advisory Board. The board shall consist of seven members appointed by the Governor with the approval of the Legislature. Within thirty days after July 9, 1988, the Governor shall appoint three members for terms of two years and four …
Neb. Rev. Stat. § 81-5,185 Board; members; qualifications.
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The membership of the board shall consist of one member who represents owners and users of boilers and has experience with boilers, one member who represents sellers of boilers, one member who represents the crafts involved in the construction, repair, or operation of boilers, on…
Neb. Rev. Stat. § 81-5,186 Board; meetings; chairperson; quorum.
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The members of the board shall conduct an annual meeting in July of each year, or at such other time as the board determines, and shall elect a chairperson from their members at the annual meeting. Other meetings of the board shall be held when called with at least seven days' no…
Neb. Rev. Stat. § 81-5,187 Board member; compensation; expenses.
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Each board member shall be paid the sum of fifty dollars per day while actually engaged in the business of the board. The members of the board shall be paid their mileage and expenses in attending meetings of the board and carrying out their official duties as provided in section…
Neb. Rev. Stat. § 81-5,188 Board; duties.
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The board shall hold hearings and advise the State Fire Marshal on rules and regulations for methods of testing equipment and construction and installation of new boilers required to be inspected by the Boiler Inspection Act and for inspection and certificate fees for such boiler…
Neb. Rev. Stat. § 81-5,189 Transfer of duties and functions to State Fire Marshal; effect on property, contracts, rules and regulations, proceedings, and employment.
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(1) Effective July 1, 2019, all duties and functions of the Department of Labor under the Boiler Inspection Act shall be transferred to the State Fire Marshal. (2) On July 1, 2019, all items of property, real and personal, including office furniture and fixtures, books, documents…
Neb. Rev. Stat. § 81-5,190 Act, how cited.
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Sections 81-5,190 to 81-5,209 shall be known and may be cited as the Nebraska Amusement Ride Act.
Neb. Rev. Stat. § 81-5,191 Terms, defined.
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For purposes of the Nebraska Amusement Ride Act, unless the context otherwise requires: (1) Amusement ride shall mean any mechanical device that carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of …
Neb. Rev. Stat. § 81-5,192 State Fire Marshal; adopt rules and regulations; administer act.
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The State Fire Marshal shall adopt and promulgate rules and regulations (1) for the safe installation, repair, maintenance, use, operation, and inspection of amusement rides as the State Fire Marshal may find necessary for the protection of the general public and (2) necessary to…
Neb. Rev. Stat. § 81-5,193 Amusement ride; permit required; inspection.
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Except for purposes of testing and inspection, no amusement ride shall be operated without a valid permit for the operation issued by the State Fire Marshal to the owner of such amusement ride. The owner of an amusement ride shall apply for a permit under section 81-5,195 to the …
Neb. Rev. Stat. § 81-5,194 Reverse bungee jumping rides; prohibited.
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No person shall operate a reverse bungee jumping ride in this state.
Neb. Rev. Stat. § 81-5,195 Permit; issuance; conditions; fee; waiver of inspection.
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(1) The State Fire Marshal shall issue a permit to operate an amusement ride to the owner of such amusement ride upon presentation by the owner of (a) an application for a permit, (b) a certificate of inspection by a qualified inspector, (c) proof of liability insurance as requir…
Neb. Rev. Stat. § 81-5,196 Liability insurance required.
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No amusement ride shall be operated unless at the time of operation the owner has an insurance policy in effect written by an insurance company authorized to do business in this state insuring the owner and operator against liability for injury to persons arising out of the opera…
Neb. Rev. Stat. § 81-5,197 Amusement ride; inspection; suspend permit; when.
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The State Fire Marshal may inspect any amusement ride without notice at any time while such amusement ride is operating in this state. The State Fire Marshal may temporarily suspend a permit to operate an amusement ride if it has been determined after inspection to be hazardous o…
Neb. Rev. Stat. § 81-5,198 Accident; report; suspend permit; inspection.
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The owner of an amusement ride shall send a copy of any accident report required by his or her insurer to the State Fire Marshal. The State Fire Marshal may provide for the suspension of the permit of operation for any amusement ride the breakdown or malfunction of which directly…
Neb. Rev. Stat. § 81-5,199 Permit fees.
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The State Fire Marshal shall establish by rules and regulations a schedule of permit fees not to exceed fifty dollars for each amusement ride. Such permit fees shall be established with due regard for the costs of administering the Nebraska Amusement Ride Act and shall be remitte…
Neb. Rev. Stat. § 81-5,200 State Fire Marshal; certify inspectors.
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The State Fire Marshal may certify such qualified inspectors as may be necessary to carry out the Nebraska Amusement Ride Act.
Neb. Rev. Stat. § 81-5,201 Inspection fees.
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(1) The State Fire Marshal may establish by rules and regulations a schedule of reasonable inspections fees for each amusement ride. The cost of obtaining the certificate of inspection from a qualified inspector shall be borne by the owner of the amusement ride. (2) A separate sc…
Neb. Rev. Stat. § 81-5,202 Owner; maintain records.
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Each owner shall retain at all times up-to-date maintenance and inspection records for each amusement ride as prescribed by the State Fire Marshal. The owner shall make such records available to the State Fire Marshal on request.
Neb. Rev. Stat. § 81-5,203 Owner; provide schedule.
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The State Fire Marshal may require the owner of an amusement ride to provide the State Fire Marshal with a tentative schedule of events at which the amusement ride will be operated within this state. The State Fire Marshal shall establish timetables and procedures for providing a…