001.01
Scope 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effective until revised, amended, repealed, or nullified pursuant to law.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.
001.02
Definitions: 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.
001.03
Standards 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.
