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 Statutes

71-1559. Modular housingunit; compliance assurance program; exception; purpose; inspection; seal;when issued; fee; Public ServiceCommission Housing and Recreational Vehicle Cash Fund.(1) Every modular housing unit, except those constructedor manufactured by any school district or community college area as a partof a buildings trade or other instructional program offered by such districtor area, manufactured, sold, offered for sale, or leased in this state morethan six months after July 10, 1976, and before May 1, 1998, shall complywith the seal requirements of the state agency responsible for regulationof modular housing units as such requirements existed on the date of manufacture.(2) Every modular housing unit, except those constructedor manufactured by any school district or community college area as part ofa buildings trade or other instructional program offered by such districtor area, manufactured, sold, offered for sale, or leased in this state onor after May 1, 1998, shall bear a seal issued by the commission certifyingthat the construction and the structural, plumbing, heating, and electricalsystems of such modular housing unit have been installed in compliance withits standards applicable at the time of manufacture. Each manufacturer ofsuch modular housing units, except those constructed or manufactured by suchschool district or community college area, shall submit its plans to the commissionfor the purposes of inspection. The commission shall establish a complianceassurance program consisting of an application form and a compliance assurancemanual. Such manual shall identify and list all procedures which the manufacturerand the inspection agency propose to implement to assure that the finishedmodular housing unit conforms to the approved building system and the applicablecodes adopted by the commission. The compliance assurance program requirementsshall apply to all inspection agencies, whether commission or authorized thirdparty, and shall define duties and responsibilities in the process of inspecting,monitoring, and issuing seals for modular housing units. The commission shallissue the seal only after ascertaining that the manufacturer is in full compliancewith the compliance assurance program through inspections at the plant bythe commission or authorized third-party inspection agency. Such inspectionsshall be of an unannounced frequency such that the required level of codecompliance performance is implemented and maintained throughout all areasof plant and site operations that affect regulatory aspects of the construction.Each seal issued by the state shall remain the property of the commissionand may be revoked by the commission in the event of violation of the conditionsof issuance.(3) Modular housing units constructed or manufactured byany school district or community college area as a part of a buildings tradeor other instructional program offered by such district or area shall be inspectedby 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 isin compliance, the commission shall issue a seal certifying that the constructionand the structural, plumbing, heating, and electrical systems of such unithave been installed in compliance with the standards applicable at the timeof manufacture.(4) The commission shall charge a seal fee of not less thanone 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 bythe commission of manufacturing plants located outside of the State of Nebraska.Such fees shall consist of a reimbursement by the manufacturer of actual traveland inspection expenses only and shall be paid prior to any issuance of seals. (6) All fees collected under the Nebraska Uniform Standardsfor Modular Housing Units Act shall be remitted to the State Treasurer forcredit to the Public ServiceCommission Housing and Recreational Vehicle Cash Fund. SourceLaws 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.Operative Date: July 1, 2010