77 Neb. Admin. Code, ch. 14, § 002

Current through September 17, 2024
Section 77-14-002 - Applicability

All standards established in this chapter, except to the extent exceptions are stated, shall apply to each newly constructed community residential facility. In the case of renovation, it is the intent of the Board that only the part of the facility which is to be renovated is required to come into complete compliance with the applicable standards of this chapter.

002.01 General maintenance and upkeep of the facility or expenditures totaling less than $20,000 within a calendar year for minor renovation shall not invoke the application of these Standards for existing facilities. However, any such renovation, repair or maintenance of the physical structure, fixtures, equipment or furnishings should lead towards compliance with these Standards.
002.02 The Board and the Jail Standards Division retain the right to evaluate each new construction or renovation on an individual basis. The overall design and specifics will be worked out between the Jail Standards Division, local governing body, and the architect, subject to final approval by the Board.
002.03 Equivalencies

The specific requirements of this Chapter may be modified by the Jail Standards Board on an individual basis to allow alternative arrangements that would, in the Board's judgment, provide at least equivalent conditions in design and construction as would be afforded by compliance with the corresponding Standards contained in this Chapter.

002.03A When the equivalency of a Standard is desired for a specific project, the responsible governing body shall submit a written request to the Board stating the justification for the requested equivalency and documentation of how the proposed equivalency will provide conditions at least equivalent to the corresponding Standard.
002.03B The equivalency, if granted, shall apply only to the petitioner for the specific construction or renovation project cited.

77 Neb. Admin. Code, ch. 14, § 002