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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1134
Introduced by Kauth, 31.
Read first time January 20, 2026
Committee: Urban Affairs
A BILL FOR AN ACT relating to public health and welfare; to amend1
sections 81-1608, 81-1618, and 81-2104, Reissue Revised Statutes of2
Nebraska, section 71-6403, Revised Statutes Cumulative Supplement,3
2024, and sections 71-6406, 72-804, 72-805, 81-1609, and 81-1611,4
Revised Statutes Supplement, 2025; to change provisions relating to5
state building codes, electrical codes, and energy codes; to change6
and provide limitations on local building and construction codes,7
energy codes, and electrical codes as prescribed; to harmonize8
provisions; and to repeal the original sections.9
Be it enacted by the people of the State of Nebraska,10
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Section 1. Section 71-6403, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
71-6403 (1) There is hereby created the state building code. The3
Legislature hereby adopts by reference: 4
(a) The International Building Code (IBC), 2018 edition, except5
section 101.4.3 and chapter 29, published by the International Code6
Council, except that (i) section 305.2.3 applies to a facility having7
twelve or fewer children and (ii) section 310.4.1 applies to a care8
facility for twelve or fewer persons; 9
(b) The International Residential Code (IRC), 2009 2018 edition,10
except section R313 and chapters 25 through 33, published by the11
International Code Council; 12
(c) The International Existing Building Code, 2018 edition, except13
section 809, published by the International Code Council; and14
(d) The Uniform Plumbing Code, 2018 edition, designated by the15
American National Standards Institute as an American National Standard.16
(2) The codes adopted by reference in subsection (1) of this section17
and the minimum standards for radon resistant new construction adopted18
under section 76-3504 shall constitute the state building code except as19
amended pursuant to the Building Construction Act or as otherwise20
authorized by state law. 21
Sec. 2. Section 71-6406, Revised Statutes Supplement, 2025, is22
amended to read: 23
71-6406 (1)(a) Any county, city, or village may enact, administer,24
or enforce a local building or construction code if or as long as such25
county, city, or village: 26
(i) Adopts the state building code; or 27
(ii) Adopts a building or construction code that conforms generally28
with the state building code. 29
(b) If a county, city, or village does not adopt a code as30
authorized under subdivision (a) of this subsection within two years31
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after an update to the state building code, the state building code shall1
apply in the county, city, or village, except that such code shall not2
apply to construction on a farm or for farm purposes.3
(2) A local building or construction code shall be deemed to conform4
generally with the state building code if it: 5
(a) Adopts a special or differing building standard by amending,6
modifying, or deleting any portion of the state building code in order to7
reduce unnecessary costs of construction, increase safety, durability, or8
efficiency, establish best building or construction practices within the9
county, city, or village, or address special local conditions within the10
county, city, or village; 11
(b) Adopts any supplement, new edition, appendix, or component or12
combination of components of the state building code;13
(c) Adopts any of the following: 14
(i) Section 305 or 310 of the 2018 edition of the International15
Building Code without the exceptions described in subdivision (1)(a) of16
section 71-6403; 17
(ii) Section 101.4.3 or any portion of chapter 29 of the 201818
edition of the International Building Code; 19
(iii) Section R313 or any portion of chapters 25 through 33 of the20
2009 2018 edition of the International Residential Code; or21
(iv) Section 809 of the 2018 edition of the International Existing22
Building Code; 23
(d) Adopts a plumbing code, an electrical code, a fire prevention24
code, or any other standard code as authorized under section 14-419,25
15-905, 18-132, or 23-172; 26
(e) Adopts a local energy code as authorized under section 81-1618;27
or 28
(f) Adopts minimum standards for radon resistant new construction29
which meet the minimum standards adopted under section 76-3504.30
(3) A local building or construction code shall not be deemed to31
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conform generally with the state building code if it:1
(a) Includes a prior edition of any component or combination of2
components of the state building code; or 3
(b) Does not include minimum standards for radon resistant new4
construction that meet the minimum standards adopted under section5
76-3504. 6
(4) A county, city, or village shall notify the Department of Water,7
Energy, and Environment if it amends or modifies its local building or8
construction code in such a way as to delete any portion of (a) chapter9
13 of the 2018 edition of the International Building Code or (b) chapter10
11 of the 2009 2018 edition of the International Residential Code. The11
notification shall be made within thirty days after the adoption of such12
amendment or modification. 13
(5) A county, city, or village shall not adopt or enforce a local14
building or construction code other than as provided by this section.15
(6)(a) Subject to subdivision (b) of this subsection, a (6) A16
county, city, or village which adopts or enforces a local building or17
construction code under this section shall regularly update its code. For18
purposes of this section, a code shall be deemed to be regularly updated19
if the most recently enacted state building code or a code that conforms20
generally with the state building code is adopted by the county, city, or21
village within two years after an update to the state building code.22
(b)(i) A county, city, or village that enacts, administers, or23
enforces a local building or construction code, electrical code, or24
energy code shall not adopt an update or change to such a code without25
providing, in a method determined by the governing body of such county,26
city, or village, independent third-party evidence verifying that the27
update or change is necessary to protect the public from eminently28
dangerous situations or otherwise required by state or federal law.29
(ii) The independent third-party evidence shall be from a source (a)30
that has no financial interest in the adoption or enforcement of the31
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proposed code update or change and (b) possesses expertise in public1
safety or municipal codes. 2
(iii) Eminently dangerous situations means situations or safety3
hazards that present an imminent and unreasonable risk of death or severe4
personal injury. 5
(c) Until January 1, 2031, a county, city, or village shall not6
adopt or enforce a local construction or building code that is more7
stringent or a more updated version than the state building code adopted8
pursuant to section 71-6403 or a local electrical code that is more9
stringent or a more updated version than the National Electrical code10
filed with the Secretary of State and adopted by the State Electrical11
Board under subdivision (5) of section 81-2104. 12
(7) A county, city, or village may adopt amendments for the proper13
administration and enforcement of its local building or construction code14
including organization of enforcement, qualifications of staff members,15
examination of plans, inspections, appeals, permits, and fees. Any16
amendment adopted pursuant to this section shall be published separately17
from the local building or construction code. Any local building or18
construction code adopted under subdivision (1)(a) of this section or the19
state building code if applicable under subdivision (1)(b) of this20
section shall be the legally applicable code regardless of whether the21
county, city, or village has provided for the administration or22
enforcement of its local building or construction code under this23
subsection. 24
(8) A county, city, or village which adopts one or more standard25
codes as part of its local building or construction code under this26
section shall keep at least one copy of each adopted code, or portion27
thereof, for use and examination by the public in the office of the clerk28
of the county, city, or village prior to the adoption of the code and as29
long as such code is in effect. 30
(9) Notwithstanding the provisions of the Building Construction Act,31
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a public building of any political subdivision shall be built in1
accordance with the applicable local building or construction code. Fees,2
if any, for services which monitor a builder's application of codes shall3
be negotiable between the political subdivisions involved, but such fees4
shall not exceed the actual expenses incurred by the county, city, or5
village doing the monitoring. 6
Sec. 3. Section 72-804, Revised Statutes Supplement, 2025, is7
amended to read: 8
72-804 (1) Any new state building shall meet or exceed the9
requirements of the 2009 2018 International Energy Conservation Code10
published by the International Code Council. 11
(2) Any new lighting, heating, cooling, ventilating, or water12
heating equipment or controls in a state-owned building and any new13
building envelope components installed in a state-owned building shall14
meet or exceed the requirements of the 2009 2018 International Energy15
Conservation Code. 16
(3) The State Building Administrator of the Department of17
Administrative Services, in consultation with the Department of Water,18
Energy, and Environment, may specify: 19
(a) A more recent edition of the International Energy Conservation20
Code; 21
(b) Additional energy efficiency or renewable energy requirements22
for buildings; and 23
(c) Waivers of specific requirements which are demonstrated through24
life-cycle cost analysis to not be in the state's best interest. The25
agency receiving the funding shall be required to provide a life-cycle26
cost analysis to the State Building Administrator.27
Sec. 4. Section 72-805, Revised Statutes Supplement, 2025, is28
amended to read: 29
72-805 Except as provided in section 58-712 for certain projects30
funded by the Affordable Housing Trust Fund, the 2009 2018 International31
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Energy Conservation Code, published by the International Code Council,1
applies to all new buildings constructed in whole or in part with state2
funds after July 1, 2020. The Department of Water, Energy, and3
Environment shall review building plans and specifications necessary to4
determine whether a building will meet the requirements of this section,5
except that the department shall not be required to review building plans6
and specifications upon evidence that the building plans and7
specifications have previously been reviewed by a county, city, or8
village enforcing a local building or construction code adopted pursuant9
to section 71-6406 if such local building or construction code includes10
the requirements of the 2009 2018 International Energy Conservation Code.11
The department shall provide a copy of any review to the agency receiving12
funding. The agency receiving the funding shall verify that the building13
as constructed meets or exceeds the code. The verification shall be14
provided to the department. The Director of Water, Energy, and15
Environment may, in consultation with the State Building Administrator of16
the Department of Administrative Services, adopt and promulgate rules and17
regulations to carry out this section. 18
Sec. 5. Section 81-1608, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
81-1608 The Legislature finds that consumers have an expectation21
that newly built houses or buildings they buy meet uniform energy22
efficiency standards. Therefor, the Legislature finds that there is a23
need to adopt the 2009 2018 International Energy Conservation Code,24
published by the International Code Council, in order (1) to ensure that25
a minimum energy efficiency standard is maintained throughout the state,26
(2) to harmonize and clarify energy building code statutory references,27
(3) to ensure compliance with the federal Energy Policy Act of 1992, (4)28
to increase energy savings for all Nebraska consumers, especially low-29
income Nebraskans, (5) to reduce the cost of state programs that provide30
assistance to low-income Nebraskans, (6) to reduce the amount of money31
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expended to import energy, (7) to reduce the growth of energy1
consumption, (8) to lessen the need for new power plants, and (9) to2
provide training for local code officials and residential and commercial3
builders who implement the 2018 International Energy Conservation Code.4
Sec. 6. Section 81-1609, Revised Statutes Supplement, 2025, is5
amended to read: 6
81-1609 As used in sections 81-1608 to 81-1626, unless the context7
otherwise requires: 8
(1) Department means the Department of Water, Energy, and9
Environment; 10
(2) Contractor means the person or entity responsible for the11
overall construction of any building or the installation of any component12
which affects the energy efficiency of the building;13
(3) Architect or engineer means any person licensed as an architect14
or professional engineer under the Engineers and Architects Regulation15
Act; 16
(4) Building means any new structure, renovated building, or17
addition which is used or intended for supporting or sheltering any use18
or occupancy, but not including any structure which has a consumption of19
traditional energy sources for all purposes not exceeding the energy20
equivalent of three and four-tenths British Thermal Units per hour or one21
watt per square foot; 22
(5) Residential building means a building three stories or less that23
is used primarily as one or more dwelling units; 24
(6) Renovation means alterations on an existing building which will25
cost more than fifty percent of the replacement cost of such building at26
the time work is commenced or which was not previously heated or cooled,27
for which a heating or cooling system is now proposed, except that the28
restoration of historical buildings shall not be included;29
(7) Addition means an extension or increase in the height,30
conditioned floor area, or conditioned volume of a building or structure;31
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(8) Floor area means the total area of the floor or floors of a1
building, expressed in square feet, which is within the exterior faces of2
the shell of the structure which is heated or cooled;3
(9) Nebraska Energy Code means the 2009 2018 International Energy4
Conservation Code published by the International Code Council;5
(10) Traditional energy sources means electricity, petroleum-based6
fuels, uranium, coal, and all nonrenewable forms of energy; and7
(11) Equivalent or equivalent code means standards that meet or8
exceed the requirements of the Nebraska Energy Code.9
Sec. 7. Section 81-1611, Revised Statutes Supplement, 2025, is10
amended to read: 11
81-1611 The Legislature hereby adopts the 2009 2018 International12
Energy Conservation Code published by the International Code Council as13
the Nebraska Energy Code. The Director of Water, Energy, and Environment14
may adopt regulations specifying alternative standards for building15
systems, techniques, equipment designs, or building materials that shall16
be deemed equivalent to the Nebraska Energy Code. Regulations specifying17
alternative standards may be deemed equivalent to the Nebraska Energy18
Code and may be approved for general or limited use if the use of such19
alternative standards would not result in energy consumption greater than20
would result from the strict application of the Nebraska Energy Code.21
Sec. 8. Section 81-1618, Reissue Revised Statutes of Nebraska, is22
amended to read: 23
81-1618 (1) Any county, city, or village may adopt and enforce a24
local energy code. Such local energy code shall be deemed equivalent to25
the Nebraska Energy Code if it does not result in energy consumption26
greater than would result from the strict application of the Nebraska27
Energy Code and is reasonably consistent with the intent of sections28
81-1608 to 81-1626. Any building or portion thereof subject to the29
jurisdiction of and inspected by such county, city, or village shall be30
deemed to comply with sections 81-1608 to 81-1626 if it meets the31
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standards of such local energy code. Such county, city, or village may by1
ordinance or resolution prescribe a schedule of fees sufficient to pay2
the costs incurred pursuant to sections 81-1608 to 81-1626.3
(2) Any county, city, or village which adopts and enforces a local4
energy code may waive a specific requirement of the Nebraska Energy Code5
when meeting such requirement is not economically justified. The local6
code authority shall submit to the department its analysis for7
determining that a specific requirement is not justified. The department8
shall review such analysis and transmit its findings and conclusions to9
the local code authority within a reasonable time. The local code10
authority shall submit to the department its explanation as to how the11
original code or any revised code addresses the issues raised by the12
department. After a local code authority has submitted such explanation,13
the authority may proceed to enforce its local energy code.14
(3) Notwithstanding subsection (1) and (2) of this section and until15
January 1, 2031, a county, city, or village shall not adopt or enforce a16
local energy code that is more stringent or a more updated version than17
the Nebraska Energy Code adopted pursuant to section 81-1611.18
Sec. 9. Section 81-2104, Reissue Revised Statutes of Nebraska, is19
amended to read: 20
81-2104 The board shall have power to: 21
(1) Elect its own officers; 22
(2) Engage and fix the compensation of such officers, inspectors,23
and employees as may be required in the performance of its duties;24
(3) Pay such other expenses as may be necessary in the performance25
of its duties; 26
(4) Provide upon request such additional voluntary inspections and27
reviews as it deems appropriate; 28
(5) Adopt, promulgate, and revise rules and regulations necessary to29
enable it to carry into effect the State Electrical Act. In adopting and30
promulgating such rules and regulations, the board shall be governed by31
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the minimum standards set forth in the National Electrical Code issued1
and adopted by the National Fire Protection Association beginning in the2
2008 2023 edition of the National Electrical Code, Publication Number3
70-2008 70-2023, except that the minimum standards set forth in the 20174
edition of the National Electrical Code shall apply for sections5
210.8(A), 210.8(A)(3), 210.8(A)(5), 230.67(A), and 230.85. The Each6
edition of the National Electrical Code mentioned in this subdivision7
shall be filed in the offices of the Secretary of State and the board8
during the time the edition is in use under this subdivision and shall be9
a public record. The board shall adopt and promulgate rules and10
regulations establishing wiring standards that protect public safety and11
health and property and that apply to all electrical wiring which is12
installed subject to the State Electrical Act; 13
(6) Revoke, suspend, or refuse to renew any license or registration14
granted pursuant to the State Electrical Act when the licensee or15
registrant (a) violates any provision of the National Electrical Code as16
adopted pursuant to subdivision (5) of this section, the act, or any rule17
or regulation adopted and promulgated pursuant to the act, (b) fails or18
refuses to pay any examination, registration, or license renewal fee19
required by law, (c) is an electrical contractor or master electrician20
and fails or refuses to provide and keep in force a public liability21
insurance policy as required by the board, or (d) violates any political22
subdivision's approved inspection ordinances; 23
(7) Order disconnection of power to any electrical installation that24
is proximately dangerous to health and property; 25
(8) Order removal of electrical wiring and apparatus from premises26
when such wiring and apparatus is proximately dangerous to health and27
property; 28
(9) Investigate, for the purpose of identifying dangerous electrical29
wiring or violations of the National Electrical Code as adopted pursuant30
to subdivision (5) of this section, any death by electrocution that31
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occurs within the State of Nebraska; 1
(10) Refuse to renew any license granted pursuant to the act when2
the licensee fails to submit evidence of completing the continuing3
education requirements under section 81-2117.01; 4
(11) Provide for the amount and collection of fees for inspection5
and other services; 6
(12) Adopt a seal, and the executive secretary shall have the care7
and custody thereof; and 8
(13) Enforce the provisions of the National Electrical Code as9
adopted pursuant to subdivision (5) of this section.10
Sec. 10. Original sections 81-1608, 81-1618, and 81-2104, Reissue11
Revised Statutes of Nebraska, section 71-6403, Revised Statutes12
Cumulative Supplement, 2024, and sections 71-6406, 72-804, 72-805,13
81-1609, and 81-1611, Revised Statutes Supplement, 2025, are repealed.14
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