291 Neb. Admin. Code, ch. 13, § 001

Current through September 17, 2024

Section 291-13-001 - SCOPE, DEFINITIONS, AND STATE CODES

001.01Scope and Application: All rules, regulations, and orders of the Department of Health and Human Services Regulation and Licensure or its predecessor agency adopted prior to May 1, 1998, in connection with the powers, duties, and functions transferred to the Nebraska Public Service Commission under the Nebraska Uniform Standards for Modular housing Units Act, shall continue to be effective until revised, amended, repealed, or nullified pursuant to law.

In regard to any modular housing unit displaying the Nebraska Modular Housing Unit Seal, no suit, action, or other proceeding, judicial or administrative, lawfully commenced prior to May 1, 1998, or which could have been commenced prior to that date, by or against such department or agency, or the director or employee thereof is such director's or employee's official capacity or in relation to the discharge of his or her official duties, shall abate by reason of the transfer of duties and functions from the Nebraska Health and Human Services Department to the Nebraska Public Service Commission.

Any amendment(s) to any section(s) of these administrative rules and regulations which deals with construction standards shall apply only to those modular housing units manufactured on or after the effective date of the amendment(s). All modular housing units for which purchase orders have been received by the manufacturer prior to the effective date of any such amendment shall be considered to be manufactured prior to the effective date of the amendment. All modular housing units considered manufactured prior to the effective date of any amendment must meet the requirements of the section(s) as set out prior to any amendment.

Further, these Rules and Regulations shall govern the design, manufacture, and sale of modular housing units intended for sale, lease or installation in this state, or elsewhere, wherever such modular housing units are reciprocally accepted by virtue of the Nebraska seal. No agency or political subdivision of the state or a municipality shall require compliance with local codes or standards for the construction of or the installation of structural, plumbing, heating, or electrical systems in a modular housing unit which are different from those established by the department in these administrative rules and regulations. An agency or political subdivision of this state or a municipality may prescribe reasonable and necessary requirements of the site development for modular housing units in accordance with local standards. Site development is defined for the purposes of such act as those local development requirements including, but not limited to, foundations, site utility requirements and their connections to the modular housing units, zoning and subdivision regulations, and fire control provisions.

001.02Definitions: The following definitions shall apply to these standards. Where these definitions differ from those in the Standards adopted in Sections 001.03A, 001.03B, 001.03C and 001.03D, these shall be controlling

001.02A Authorized Representative shall mean any person, firm or corporation, or employee thereof, designated by the Department to perform inspection services.

001.02B Commission shall mean the Nebraska Public Service Commission.

001.02C Date of manufacture shall mean the date the modular housing unit has been completed with all but minor finishing details and has left the assembly line.

001.02D Dealer shall mean any person other than a manufacturer who sells, offers to sell, distributes, or leases manufactured modular housing units primarily to persons who in good faith purchase or lease a modular housing unit for purposes other than resale.

001.02E Defect shall mean any defect in the performance, construction, components, or material of a modular housing unit that renders the modular housing unit or any part thereof not fit for the ordinary use for which it was intended.

001.02F Imminent Safety Hazard shall mean a hazard that presents an imminent and unreasonable risk of death or severe personal injury.

001.02G Initial Package shall mean the materials required for submission to the Department by a manufacturer who plans to market or manufacture modular housing units in Nebraska and is applying for seals to put on them, based on a showing that its use of proposed plans and specifications will produce modular housing units which meet the applicable standards. Each initial package shall consist of:

001.02G1 Two copies of the compliance assurance manual (subsection 003.01B);

001.02G2 Two copies of the plans and specifications for each modular housing unit model (subsections 003.04).

001.02G3 A completed application for plan approval form prescribed by the Commission;

001.02G4 Completed application for seals on a form prescribed by the Commission; and

001.02G5 A check or money order for applicable fees.

001.02H Manufacturer shall mean any person who manufactures or produces modular housing units.

001.02I Modular housing unit shall mean any dwelling whose construction consists entirely of or the major portions of its construction consist of a unit or units not fabricated on the final site for the dwelling unit, which units are movable or portable until placed on a permanent foundation and connected to utilities. Modular housing units shall be taxed as real estate. The term modular housing unit shall not include a manufactured home (mobile home).

001.02J Person shall mean any individual, partnership, company, corporation, limited liability company, or association engaged in manufacturing, selling, offering to sell, or leasing modular housing units.

001.02K Compliance Assurance Manual shall mean the manual prepared by the modular housing unit manufacturer that lists the production process, guidelines and actions necessary to assure individual unit compliance with the standard adopted by the State of Nebraska (subsection 003.01B).

001.02L Seal shall mean a device or insignia issued by the Nebraska Public Service Commission to be displayed on the exterior of the modular housing unit to evidence compliance with Departmental standards.

001.02M Typicals shall mean the drawings that detail repetitive construction techniques necessary to assure code compliance.

001.03Standards for Modular Housing Units: Except as provided by statute, the following standards are hereby adopted as the State of Nebraska Standards governing all construction and installation of plumbing, heating, and electrical systems in modular housing units.

001.03A INTERNATIONAL RESIDENTIAL CODE - 2015 EDITION, as published by the International Code Council, Inc., 500 New Jersey Avenue NW, 6th Floor, Washington, DC 20001, and made a part hereof by reference with the following revisions and amendments. A copy of this code is available to be viewed at the Nebraska Public Service Commission office at 300 The Atrium, 1200 N Street, Lincoln, Nebraska, during normal business hours.

001.03A1 Omit Chapter 1 entirely.

001.03A2 In Chapter 3, Section R 301.2, remove the last sentence.

001.03A3 In Chapter 3, Table R 301.2(1), the value for "Ground Snow Load" shall be 30 psf, "Wind Design Speed (mph)" shall be 90 mph, "Wind Design Topographic Effects" shall be "No", "Wind Design Special wind region" shall be "No", "Wind Design Windborne debris, zone" shall be "No", "Seismic Design Category" shall be "C". "Winter Design Temp" shall be "-4", "Ice Barrier Underlayment Required" shall be "Yes" and "Air Freezing Index" shall be "2500", and "Mean Annual Temp" shall be "50". Footnote "d", second sentence shall read, "Wind exposure category shall be "C".

001.03A4 In Chapter 3, Table R 301.5, change the value for "Sleeping rooms" to 40.

001.03A5 In Chapter 3, omit Section R313 entirely.

001.03A6 In Chapter 9, Section R 905.2.7.1, remove all words prior to and including the first comma (,) and capitalize the "a" in "an".

001.03A7 In Chapter 9, Section R 905.2.7, remove all words, prior to and including the first comma (,) and capitalize.the "i" in "ice".

001.03A8 In Chapter 11, Section N 1101.2, retain only the section's first sentence and replace the remainder of the section with, "The climate zone for all of Nebraska is "5". The climate zone for homes to be located outside of Nebraska shall be determined by the site's authority having jurisdiction".

001.03A9 In Chapter 24, omit exceptions 3 and 4 in Section G 2406.2.

001.03A10 In Chapter 31, Section P 3103.2, the last sentence shall read, "Any increase in the size of the vent shall be made inside the structure to within three (3) inches (76 mm) of the thermal envelope of the building."

001.03A11 Omit Chapters 33, 34, 35, 36, 37, 38, 39, 40, 41, 42 and 43.

001.03A12 Adopt Appendix A, B, C and K.

001.03B INTERNATIONAL BUILDING CODE, 2015 Edition, as published by the International Code Council, Inc., 500 New Jersey Avenue NW, 6th Floor, Washington, DC 20001, made part hereof by reference with the following revisions and amendments. This code shall be used only for buildings that are not detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress. A copy of this code is available to be viewed at the Nebraska Public Service Commission office at 300 The Atrium, 1200 N Street, Lincoln, Nebraska, during normal business hours.

001.03B1 In Chapter 1, omit Sections 101.1, 101.2, 103, 104, 105, 107, 108, 109, 110, 111, 112, 113, 114, 115 and 116.

001.03C INTERNATIONAL PLUMBING CODE, 2015 Edition, as published by the International Code Council, Inc., 500 New Jersey Avenue NW, 6th Floor, Washington, DC 20001, made a part hereof by reference with the following revisions and amendments. This code shall be used only for buildings that are not detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress. A copy of this code is available to be viewed at the Nebraska Public Service Commission office at 300 The Atrium, 1200 N Street, Lincoln, Nebraska, during normal business hours.

001.03C1 In Chapter 1, omit Sections 101.1, 102, 103, 104, 105, 106, 107, 108, 109 and 110.

001.03C2 Adopt Appendix D, F and G.

001.03D NATIONAL ELECTRICAL CODE, adopted by the Nebraska State Electrical Board in 100 NAC 18 pursuant to Nebraska Revised Statutes Section 81-2104, issued and adopted by the National Fire Protection Association in Publication Number 70 is made a part hereof by reference. A copy of this code is available to be viewed at the Nebraska Public Service Commission office at 300 The Atrium, 1200 N Street, Lincoln, Nebraska, during normal business hours.

001.03E INTERNATIONAL MECHANICAL CODE, 2015 Edition, as published by the International Code Council, Inc., 500 New Jersey Avenue NW, 6th Floor, Washington, DC 20001, made a part hereof by reference with the following revisions and amendments. This code shall be used only for buildings that are not detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress. A copy of this code is available to be viewed at the Nebraska Public Service Commission office at 300 The Atrium, 1200 N Street, Lincoln, Nebraska, during normal business hours.

001.03E1 In Chapter 1 omit Sections 101.1, 102, 103, 104, 105, 106, 107, 108, 109 and 110.

001.03E2 Adopt Appendix A.

001.03F INTERNATIONAL FUEL GAS CODE, 2015 Edition, as published by the International Code Council, Inc., 500 New Jersey Avenue NW, 6th Floor, Washington, DC 20001, made a part hereof by reference with the following revisions and amendments. This code shall be used only for buildings that are not detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress. A copy of this code is available to be viewed at the Nebraska Public Service Commission office at 300 The Atrium, 1200 N Street, Lincoln, Nebraska, during normal business hours.

001.03F1 In Chapter 1 omit Sections 101.1, 102, 103, 104, 105, 106, 107, 108, 109 and 110.

001.03F2 Adopt Appendix A, B and C.

001.03G These standards shall have the same force and effect as rules and regulations of the Nebraska Public Service Commission as if set out verbatim in this section, and shall be considered the State standards in regard to modular housing units.

291 Neb. Admin. Code, ch. 13, § 001