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2,166 sections in this chapter.
Neb. Rev. Stat. § 81-5,204 Operator; requirements.
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No person shall operate an amusement ride unless he or she is at least sixteen years of age. An operator shall be in attendance at all times that an amusement ride is in operation.
Neb. Rev. Stat. § 81-5,205 Violation; penalty.
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Any person who knowingly operates or causes to be operated an amusement ride in violation of the Nebraska Amusement Ride Act shall be guilty of a Class II misdemeanor. Each day a violation continues shall constitute a separate offense.
Neb. Rev. Stat. § 81-5,206 Application for injunction.
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The Attorney General, acting on behalf of the State Fire Marshal, or the county attorney in a county in which an amusement ride is located or operated may apply to the district court, pursuant to the rules of civil procedure, for an order enjoining operation of any amusement ride…
Neb. Rev. Stat. § 81-5,207 Act, how construed.
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The Nebraska Amusement Ride Act shall not be construed to alter the duty of care or the liability of an owner of an amusement ride for injuries or death of any person or damage to any property arising out of an accident involving an amusement ride. The state and its officers and …
Neb. Rev. Stat. § 81-5,208 Local safety standards; authorized.
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The governing board of any city, county, or village may establish and enforce safety standards for amusement rides in addition to, but not in conflict with, the standards established by the State Fire Marshal pursuant to the Nebraska Amusement Ride Act.
Neb. Rev. Stat. § 81-5,209 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 Nebraska Amusement Ride 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, doc…
Neb. Rev. Stat. § 81-5,210 Act, how cited.
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Sections 81-5,210 to 81-5,243 shall be known and may be cited as the Conveyance Safety Act.
Neb. Rev. Stat. § 81-5,211 Terms, defined.
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For purposes of the Conveyance Safety Act: (1) Certificate of inspection means a document issued by the State Fire Marshal that indicates that the conveyance has had the required safety inspection and tests and that the required fees have been paid; (2) Committee means the Convey…
Neb. Rev. Stat. § 81-5,212 Conveyance Advisory Committee; created; members; terms; expenses; meetings.
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(1) The Conveyance Advisory Committee is created. One member shall be the state elevator inspector employed pursuant to section 81-5,221. The Governor shall appoint the other members of the committee as follows: One representative from a major elevator manufacturing company; one …
Neb. Rev. Stat. § 81-5,213 Committee; powers and duties.
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The committee: (1) May consult with engineering authorities and organizations concerned with standard safety codes; (2) Shall recommend to the State Fire Marshal rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation, and ins…
Neb. Rev. Stat. § 81-5,214 State Fire Marshal; establish fee schedules; administer act.
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(1) The State Fire Marshal shall, after a public hearing conducted by the State Fire Marshal or his or her designee, establish a reasonable schedule of fees for licenses, permits, certificates, and inspections authorized under the Conveyance Safety Act. The State Fire Marshal sha…
Neb. Rev. Stat. § 81-5,215 Applicability of act.
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(1) The Conveyance Safety Act applies to the construction, operation, inspection, testing, maintenance, alteration, and repair of conveyances. Conveyances include the following equipment, associated parts, and hoistways which are not exempted under section 81-5,216: (a) Hoisting …
Neb. Rev. Stat. § 81-5,216 Exemptions from act.
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The Conveyance Safety Act does not apply to: (1) Conveyances under the jurisdiction and subject to inspection by the United States Government; (2) Conveyances used exclusively for agricultural purposes; (3) Personnel hoists within the scope of American National Standards Institut…
Neb. Rev. Stat. § 81-5,217 Rules and regulations; State Fire Marshal; equivalency or variance authorized; appeal.
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(1) The State Fire Marshal shall adopt and promulgate rules and regulations which establish the regulations for conveyances under the Conveyance Safety Act. The rules and regulations may include the Safety Code for Elevators and Escalators, American Society of Mechanical Engineer…
Neb. Rev. Stat. § 81-5,218 Registration of conveyances; when required.
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Conveyances shall be registered at the time they are completed and placed in service.
Neb. Rev. Stat. § 81-5,219 Certificate of inspection; when required; display of certificate.
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Prior to any newly installed conveyance being used for the first time, the property owner or lessee shall obtain a certificate of inspection from the State Fire Marshal. A fee established under section 81-5,214 shall be paid for the certificate of inspection. A licensed elevator …
Neb. Rev. Stat. § 81-5,220 Existing conveyance; prohibited acts; licensed elevator mechanic; licensed elevator contractor; when required; new conveyance installation; requirements.
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(1) No person shall wire, alter, replace, remove, or dismantle an existing conveyance contained within a building or structure located in a county that has a population of more than one hundred thousand inhabitants unless such person is a licensed elevator mechanic or he or she i…
Neb. Rev. Stat. § 81-5,221 State elevator inspector; qualifications; deputy inspectors; employment; qualifications.
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(1) The State Fire Marshal shall employ a state elevator inspector who shall work under the direct supervision of the State Fire Marshal or the State Fire Marshal's designee. (2) The person so employed shall be qualified by (a) not less than five years' experience in the installa…
Neb. Rev. Stat. § 81-5,222 State elevator inspector; inspections required; written report.
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(1) Except as provided otherwise in the Conveyance Safety Act, the state elevator inspector shall inspect or cause to be inspected conveyances which are located in a building or structure, other than a private residence, at least once every twelve months in order to determine whe…
Neb. Rev. Stat. § 81-5,223 Alternative inspections; requirements.
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(1) No inspection shall be required under the Conveyance Safety Act when an owner or user of a conveyance: (a) Obtains and submits to the State Fire Marshal a certificate of inspection from a third-party inspection company; (b) Obtains a policy of insurance upon the conveyance fr…
Neb. Rev. Stat. § 81-5,224 Special inspection; expenses; fee; report.
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If at any time the owner or user of a conveyance desires a special inspection of a conveyance, it shall be made by the state elevator inspector after due request therefor and the inspector making the inspection shall collect his or her expenses in connection therewith and a fee e…
Neb. Rev. Stat. § 81-5,225 Certificate of inspection; issuance; form.
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Upon a conveyance passing an inspection under section 81-5,222, 81-5,223, or 81-5,224 and receipt of the inspection fee, the State Fire Marshal shall issue the owner or user of the conveyance a certificate of inspection, upon forms prescribed by the State Fire Marshal.
Neb. Rev. Stat. § 81-5,226 State elevator inspector; records required.
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The state elevator inspector shall maintain a complete and accurate record of the name of the owner or user of each conveyance subject to sections 81-5,222 and 81-5,223 and a full description of the conveyance and the date when last inspected.
Neb. Rev. Stat. § 81-5,227 Entry upon property for purpose of inspection.
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The State Fire Marshal, the state elevator inspector, and the deputy inspectors shall have the right and power to enter any public building or structure for the purpose of inspecting any conveyance subject to the Conveyance Safety Act or gathering information with reference there…
Neb. Rev. Stat. § 81-5,228 Defective or unsafe condition; notice to owner or user; temporary certificate; when issued.
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The state elevator inspector shall notify the owner or user in writing of any conveyance found to be unsafe or unfit for operation setting forth the nature and extent of any defect or other unsafe condition. If the conveyance can be used without making repair or replacement of de…
Neb. Rev. Stat. § 81-5,229 Accident involving conveyance; notification required; when; state elevator inspector; duties.
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The owner of a conveyance shall notify the state elevator inspector of any accident causing personal injury or property damage in excess of one thousand dollars involving a conveyance on or before the close of business the next business day following the accident, and the conveya…
Neb. Rev. Stat. § 81-5,230 Elevator mechanic license; elevator contractor license; application; form; contents.
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(1) Any person wishing to engage in the work of an elevator mechanic shall apply for and obtain an elevator mechanic license from the State Fire Marshal. The application shall be on a form provided by the State Fire Marshal. (2) Any person wishing to engage in the business of an …
Neb. Rev. Stat. § 81-5,231 Standards for licensure of elevator mechanics; State Fire Marshal; duties.
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The State Fire Marshal shall adopt and promulgate rules and regulations establishing standards for licensure of elevator mechanics. An applicant for an elevator mechanic license shall demonstrate the following qualifications before being granted an elevator mechanic license: (1) …
Neb. Rev. Stat. § 81-5,232 Elevator contractor license; work experience required.
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An applicant for an elevator contractor license shall demonstrate five years' work experience in the conveyance industry in construction, maintenance, and service or repair, as verified by current or previous employers.
Neb. Rev. Stat. § 81-5,233 Reciprocity.
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Upon application, an elevator mechanic license or an elevator contractor license may be issued to a person holding a valid license from a state having standards substantially equal to those of the Conveyance Safety Act.
Neb. Rev. Stat. § 81-5,234 License; issuance; renewal.
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Upon approval of an application for licensure as an elevator mechanic, the State Fire Marshal may issue a license which shall be renewable biennially if the continuing education requirements are met. The fee for licenses and for license renewal for elevator mechanic licenses and …
Neb. Rev. Stat. § 81-5,235 Continuing education; extension; when granted; approved providers; records.
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(1) The renewal of elevator mechanic licenses granted under the Conveyance Safety Act shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education on new and existing rules and regulations adopted and promulgated …
Neb. Rev. Stat. § 81-5,236 Insurance policy; requirements; delivery; notice of alteration or cancellation.
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(1) An elevator contractor shall submit to the State Fire Marshal an insurance policy, or certified copy thereof, issued by an insurance company authorized to do business in the state to provide general liability coverage of at least one million dollars for injury or death of any…
Neb. Rev. Stat. § 81-5,237 Elevator contractor license; revocation; grounds; elevator mechanic license; disciplinary actions; grounds; procedure; decision; appeal.
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(1) An elevator contractor license issued under the Conveyance Safety Act may be revoked by the State Fire Marshal upon verification that the elevator contractor licensee lacks the insurance coverage required by section 81-5,236. (2) An elevator mechanic license or an elevator co…
Neb. Rev. Stat. § 81-5,238 Temporary and emergency elevator mechanic thirty-day licenses.
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The State Fire Marshal shall adopt and promulgate rules and regulations establishing standards and procedures for the issuance of temporary and emergency elevator mechanic thirty-day licenses and for the extension of such licenses for good cause shown.
Neb. Rev. Stat. § 81-5,239 Request for investigation of alleged violation; preliminary inquiry; formal investigation; procedure.
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(1) Any person may make a request for an investigation into an alleged violation of the Conveyance Safety Act by giving notice to the State Fire Marshal or state elevator inspector of such violation or danger. (2) Upon receipt of a request for an investigation, the State Fire Mar…
Neb. Rev. Stat. § 81-5,240 Act; how construed; liability.
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The Conveyance Safety Act shall not be construed to relieve or lessen the responsibility or liability of any person owning, operating, controlling, maintaining, erecting, constructing, installing, altering, testing, or repairing any conveyance covered by the act for damages to pe…
Neb. Rev. Stat. § 81-5,241 Compliance with code at time of installation; notification of dangerous condition.
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Under the Conveyance Safety Act, conveyances shall be required to comply with the code standards applicable at the time such conveyance was or is installed. However, if, upon the inspection of any conveyance, (1) the conveyance is found to be in a dangerous condition or there is …
Neb. Rev. Stat. § 81-5,242 Violations; penalty.
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(1) Any person who knowingly violates the Conveyance Safety Act is guilty of a Class V misdemeanor. Each violation shall be a separate offense. (2) Any person who installs a conveyance in violation of the Conveyance Safety Act is guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 81-5,243 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 Conveyance Safety 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. § 81-5,244 Certain appropriations to Department of Labor; how treated.
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Any appropriation and salary limit provided in any legislative bill enacted by the One Hundred Sixth Legislature, First Session, to Agency No. 23 — Department of Labor, in any of the following program classifications, shall be null and void, and any such amounts are hereby approp…
Neb. Rev. Stat. § 81-501.01 State Fire Marshal; powers and duties; appointment; confirmation by Legislature; removal.
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The Governor shall, with the advice and consent of the Legislature, appoint a State Fire Marshal who shall, under the general direction and supervision of the Governor, perform the duties and exercise the powers and have the rights and privileges conferred by sections 81-501.01 t…
Neb. Rev. Stat. § 81-502 State Fire Marshal; fire prevention and safety; duties; delegation of authority to local fire prevention personnel.
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(1) It shall be the duty of the State Fire Marshal, under authority of the Governor: (a) To enforce all laws of the state relating to the suppression of arson and investigation of the cause, origin, and circumstances of fires; (b) To promote safety and reduce loss by fire; and (c…
Neb. Rev. Stat. § 81-502.04 Rules and regulations; enforcement; procedure.
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The enforcement of rules and regulations adopted and promulgated by the State Fire Marshal under section 81-503.01 shall be as follows: (1) Any order of the State Fire Marshal under the authority granted to him or her by sections 81-502 and 81-503.01 shall be in writing addressed…
Neb. Rev. Stat. § 81-503 State Fire Marshal; first assistant; appointment; other employees; duties; uniforms.
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(1) The State Fire Marshal may appoint a first assistant fire marshal and such deputies, inspectors, and other persons as in his or her discretion may be necessary to carry into effect sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157, the Nebraska Natural Gas Pipeline Safety…
Neb. Rev. Stat. § 81-503.01 State Fire Code; State Fire Marshal; duties; contents; enforcement; plans; review; late submittal fee.
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(1) The State Fire Marshal shall adopt and promulgate rules and regulations constituting a State Fire Code. At a minimum, the State Fire Code shall cover: (a) The prevention of fires; (b) The storage, sale, and use of flammable liquids, combustibles, and fireworks; (c) Electrical…
Neb. Rev. Stat. § 81-504 State Fire Marshal; legal counsel; appointment by Attorney General; compensation.
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The Attorney General may appoint a special attorney to assist and advise the State Fire Marshal. The attorney appointed for this purpose shall at all times be under the supervision of the Attorney General, who shall fix his or her compensation, which shall be paid wholly out of t…
Neb. Rev. Stat. § 81-505 First assistant and deputies; duties.
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The duties of the first assistant and the deputies shall be to operate under the direction of and to assist the State Fire Marshal in the execution of sections 81-501.01 to 81-531 and 81-5,151 to 81-5,157, the Nebraska Natural Gas Pipeline Safety Act of 1969, the Petroleum Produc…
Neb. Rev. Stat. § 81-505.01 State Fire Marshal; establish and assess fees; procedures.
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(1) The State Fire Marshal shall establish and assess fees not to exceed the actual costs for the performance of services by the State Fire Marshal or by qualified local fire prevention personnel to whom the State Fire Marshal has delegated authority to perform such services. Pri…
Neb. Rev. Stat. § 81-506 Fires; investigation by city or county authorities; reports to State Fire Marshal required.
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The chief of the fire department of every city or village in which a fire department is established, the mayor of every incorporated city in which no fire department exists, the town clerk of every organized township, or the county commissioner in every commissioner district in c…