153 Neb. Admin. Code, ch. 19, § 001

Current through September 17, 2024
Section 153-19-001 - 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 Contractors Certificate from the State Fire Marshal. Applications for the Water-Based Fire Protection Contractors Certification are available from the State Fire Marshal. The address of the State Fire Marshals 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 Contractors 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 contractors 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 contractors 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.

153 Neb. Admin. Code, ch. 19, § 001