Postponed proposal would limit Nebraska communities’ building and energy rules

Local governments would not be allowed to adopt or enforce building, electrical, or energy rules stricter or newer than the state standards. The limits would cover Nebraska counties, cities, and villages. The electrical limit would use the National Electrical Code adopted by the State Electrical Board and filed with the Secretary of State. These limits would last until January 1, 2031.

Local governments would need independent expert evidence before adopting an update or change to their codes. This would cover local building, electrical, and energy codes. Each county, city, or village would choose how to provide the evidence. The evidence would need to show that the change is necessary to prevent an immediate, unreasonable risk of death or severe injury, or is required by state or federal law. The expert would need knowledge of public safety or municipal codes and no financial interest in adopting or enforcing the proposed change.

The state building code would include the 2009 International Residential Code. This provision concerns residential construction covered by Nebraska’s state building code. Section R313 would be excluded from the state’s adoption of the residential code.

Nebraska’s energy code would use the 2009 International Energy Conservation Code. The proposal also names this edition for new state buildings, replacement equipment and building-shell parts in state-owned buildings, and new buildings built partly or fully with state money. Certain Affordable Housing Trust Fund projects would have a separate exception. The State Building Administrator could specify newer or additional energy requirements for state-owned buildings, or waive requirements based on costs over a building’s life. The general energy-code definition excludes structures using no more than one watt per square foot of traditional energy. Covered renovations include work costing more than half the building’s replacement cost or adding heating or cooling to a previously unheated or uncooled building; historical restorations are excluded. The state-funded building provision covers new buildings constructed with state money after July 1, 2020.

The State Electrical Board would base its electrical rules on standards beginning with the 2008 National Electrical Code. The board’s wiring standards would apply to electrical wiring installed under the State Electrical Act. The 2017 edition would apply to sections 210.8(A), 210.8(A)(3), 210.8(A)(5), 230.67(A), and 230.85.