§ 71-1559 — Modular housing unit; compliance assurance program; exception; purpose; inspection; seal; when issued; fee; Public Service Commission Housing and Recreational Vehicle Cash Fund

Nebraska § 71-1559

• Jurisdiction: Nebraska
• Ch. 71: Public Health and Welfare

Text

(1) Every modular housing unit, except those constructed
or manufactured by any school district or community college area as a part
of a buildings trade or other instructional program offered by such district
or area, manufactured, sold, offered for sale, or leased in this state more
than six months after July 10, 1976, and before May 1, 1998, shall comply
with the seal requirements of the state agency responsible for regulation
of modular housing units as such requirements existed on the date of manufacture.
(2) Every modular housing unit, except those constructed
or manufactured by any school district or community college area as part of
a buildings trade or other instructional program offered by such district
or area, manufactured, sold, offered for sale, or leased in this state on
or after May 1, 1998, shall bear a seal issued by the commission certifying
that the construction and the structural, plumbing, heating, and electrical
systems of such modular housing unit have been installed in compliance with
its standards applicable at the time of manufacture. Each manufacturer of
such modular housing units, except those constructed or manufactured by such
school district or community college area, shall submit its plans to the commission
for the purposes of inspection. The commission shall establish a compliance
assurance program consisting of an application form and a compliance assurance
manual. Such manual shall identify and list all procedures which the manufacturer
and the inspection agency propose to implement to assure that the finished
modular housing unit conforms to the approved building system and the applicable
codes adopted by the commission. The compliance assurance program requirements
shall apply to all inspection agencies, whether commission or authorized third
party, and shall define duties and responsibilities in the process of inspecting,
monitoring, and issuing seals for modular housing units. The commission shall
issue the seal only after ascertaining that the manufacturer is in full compliance
with the compliance assurance program through inspections at the plant by
the commission or authorized third-party inspection agency. Such inspections
shall be of an unannounced frequency such that the required level of code
compliance performance is implemented and maintained throughout all areas
of plant and site operations that affect regulatory aspects of the construction.
Each seal issued by the state shall remain the property of the commission
and may be revoked by the commission in the event of violation of the conditions
of issuance.
(3) Modular housing units constructed or manufactured by
any school district or community college area as a part of a buildings trade
or other instructional program offered by such district or area shall be inspected
by the local inspection authority or, upon request of the district or area,
by the commission. If the commission inspects a unit and finds that it is
in compliance, the commission shall issue a seal certifying that the construction
and the structural, plumbing, heating, and electrical systems of such unit
have been installed in compliance with the standards applicable at the time
of manufacture.
(4) The commission shall charge a seal fee of not less than
one hundred and not more than one thousand dollars per modular housing unit,
as determined annually by the commission after published notice and a hearing,
for seals issued by the commission under subsection (2) or (3) of this section.
(5) Inspection fees shall be paid for all inspections by
the commission of manufacturing plants located outside of the State of Nebraska.
Such fees shall consist of a reimbursement by the manufacturer of actual travel
and inspection expenses only and shall be paid prior to any issuance of seals.
(6) All fees collected under the Nebraska Uniform Standards
for Modular Housing Units Act shall be remitted to the State Treasurer for
credit to the Public Service
Commission Housing and Recreational Vehicle Cash Fund.

Legislative History

Source: Laws 1976, LB 248, § 5; Laws 1978, LB 812, § 1; Laws 1981, LB 218, § 1; Laws 1983, LB 617, § 20; Laws 1984, LB 822, § 5; Laws 1991, LB 703, § 34; Laws 1992, LB 1019, § 66; Laws 1996, LB 1044, § 565; Laws 1998, LB 1073, § 93; Laws 2001, LB 247, § 1; Laws 2003, LB 241, § 1; Laws 2008, LB797, § 8; Laws 2010, LB849, § 24.