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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 800
Introduced by Urban Affairs Committee: McKinney, 11, Chairperson;
Cavanaugh, J., 9; Quick, 35; Rountree, 3.
Read first time January 07, 2026
Committee: Urban Affairs
A BILL FOR AN ACT relating to buildings; to amend sections 81-1608 and1
81-1614, Reissue Revised Statutes of Nebraska, sections 71-6403 and2
72-806, Revised Statutes Cumulative Supplement, 2024, and sections3
71-6406, 72-804, 72-805, 81-1609, and 81-1611, Revised Statutes4
Supplement, 2025; to adopt updates to building and energy codes; and5
to repeal the original sections. 6
Be it enacted by the people of the State of Nebraska,7
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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), chapter 13 of the 20245
edition, and all but such chapter of the 2018 edition, except section6
101.4.3 and chapter 29, published by the International Code Council,7
except that (i) section 305.2.3 applies to a facility having twelve or8
fewer children and (ii) section 310.4.1 applies to a care facility for9
twelve or fewer persons; 10
(b) The International Residential Code (IRC), chapter 11 of the 202411
edition, and all but such chapter of the 2018 edition, except section12
R313 and chapters 25 through 33, published by the International Code13
Council; 14
(c) The International Existing Building Code, 2018 edition, except15
section 809, published by the International Code Council; and16
(d) The Uniform Plumbing Code, 2018 edition, designated by the17
American National Standards Institute as an American National Standard.18
(2) The codes adopted by reference in subsection (1) of this section19
and the minimum standards for radon resistant new construction adopted20
under section 76-3504 shall constitute the state building code except as21
amended pursuant to the Building Construction Act or as otherwise22
authorized by state law. 23
Sec. 2. Section 71-6406, Revised Statutes Supplement, 2025, is24
amended to read: 25
71-6406 (1)(a) Any county, city, or village may enact, administer,26
or enforce a local building or construction code if or as long as such27
county, city, or village: 28
(i) Adopts the state building code; or 29
(ii) Adopts a building or construction code that conforms generally30
with the state building code. 31
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(b) If a county, city, or village does not adopt a code as1
authorized under subdivision (a) of this subsection within two years2
after an update to the state building code, the state building code shall3
apply in the county, city, or village, except that such code shall not4
apply to construction on a farm or for farm purposes.5
(2) A local building or construction code shall be deemed to conform6
generally with the state building code if it: 7
(a) Adopts a special or differing building standard by amending,8
modifying, or deleting any portion of the state building code in order to9
reduce unnecessary costs of construction, increase safety, durability, or10
efficiency, establish best building or construction practices within the11
county, city, or village, or address special local conditions within the12
county, city, or village; 13
(b) Adopts any supplement, new edition, appendix, or component or14
combination of components of the state building code;15
(c) Adopts any of the following: 16
(i) Chapter 13 of the 2024 edition of the International Building17
Code; 18
(ii) (i) Section 305 or 310 of the 2018 edition of the International19
Building Code without the exceptions described in subdivision (1)(a) of20
section 71-6403; 21
(iii) (ii) Section 101.4.3 or any portion of chapter 29 of the 201822
edition of the International Building Code; 23
(iv) Chapter 11 of the 2024 edition of the International Residential24
Code; 25
(v) (iii) Section R313 or any portion of chapters 25 through 33 of26
the 2018 edition of the International Residential Code; or27
(vi) (iv) Section 809 of the 2018 edition of the International28
Existing Building Code; 29
(d) Adopts a plumbing code, an electrical code, a fire prevention30
code, or any other standard code as authorized under section 14-419,31
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15-905, 18-132, or 23-172; 1
(e) Adopts a local energy code as authorized under section 81-1618;2
or 3
(f) Adopts minimum standards for radon resistant new construction4
which meet the minimum standards adopted under section 76-3504.5
(3) A local building or construction code shall not be deemed to6
conform generally with the state building code if it:7
(a) Includes a prior edition of any component or combination of8
components of the state building code; or 9
(b) Does not include minimum standards for radon resistant new10
construction that meet the minimum standards adopted under section11
76-3504. 12
(4) A county, city, or village shall notify the Department of Water,13
Energy, and Environment if it amends or modifies its local building or14
construction code in such a way as to delete any portion of (a) chapter15
13 of the 2024 2018 edition of the International Building Code or (b)16
chapter 11 of the 2024 2018 edition of the International Residential17
Code. The notification shall be made within thirty days after the18
adoption of such amendment or modification. 19
(5) A county, city, or village shall not adopt or enforce a local20
building or construction code other than as provided by this section.21
(6) A county, city, or village which adopts or enforces a local22
building or construction code under this section shall regularly update23
its code. For purposes of this section, a code shall be deemed to be24
regularly updated if the most recently enacted state building code or a25
code that conforms generally with the state building code is adopted by26
the county, city, or village within two years after an update to the27
state building code. 28
(7) A county, city, or village may adopt amendments for the proper29
administration and enforcement of its local building or construction code30
including organization of enforcement, qualifications of staff members,31
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examination of plans, inspections, appeals, permits, and fees. Any1
amendment adopted pursuant to this section shall be published separately2
from the local building or construction code. Any local building or3
construction code adopted under subdivision (1)(a) of this section or the4
state building code if applicable under subdivision (1)(b) of this5
section shall be the legally applicable code regardless of whether the6
county, city, or village has provided for the administration or7
enforcement of its local building or construction code under this8
subsection. 9
(8) A county, city, or village which adopts one or more standard10
codes as part of its local building or construction code under this11
section shall keep at least one copy of each adopted code, or portion12
thereof, for use and examination by the public in the office of the clerk13
of the county, city, or village prior to the adoption of the code and as14
long as such code is in effect. 15
(9) Notwithstanding the provisions of the Building Construction Act,16
a public building of any political subdivision shall be built in17
accordance with the applicable local building or construction code. Fees,18
if any, for services which monitor a builder's application of codes shall19
be negotiable between the political subdivisions involved, but such fees20
shall not exceed the actual expenses incurred by the county, city, or21
village doing the monitoring. 22
Sec. 3. Section 72-804, Revised Statutes Supplement, 2025, is23
amended to read: 24
72-804 (1) Any new state building shall meet or exceed the25
requirements of the 2024 2018 International Energy Conservation Code26
published by the International Code Council. 27
(2) Any new lighting, heating, cooling, ventilating, or water28
heating equipment or controls in a state-owned building and any new29
building envelope components installed in a state-owned building shall30
meet or exceed the requirements of the 2024 2018 International Energy31
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Conservation Code. 1
(3) The State Building Administrator of the Department of2
Administrative Services, in consultation with the Department of Water,3
Energy, and Environment, may specify: 4
(a) A more recent edition of the International Energy Conservation5
Code; 6
(b) Additional energy efficiency or renewable energy requirements7
for buildings; and 8
(c) Waivers of specific requirements which are demonstrated through9
life-cycle cost analysis to not be in the state's best interest. The10
agency receiving the funding shall be required to provide a life-cycle11
cost analysis to the State Building Administrator.12
Sec. 4. Section 72-805, Revised Statutes Supplement, 2025, is13
amended to read: 14
72-805 Except as provided in section 58-712 for certain projects15
funded by the Affordable Housing Trust Fund, the 2024 2018 International16
Energy Conservation Code, published by the International Code Council,17
applies to all new buildings constructed in whole or in part with state18
funds after the effective date of this act July 1, 2020. The Department19
of Water, Energy, and Environment shall review building plans and20
specifications necessary to determine whether a building will meet the21
requirements of this section, except that the department shall not be22
required to review building plans and specifications upon evidence that23
the building plans and specifications have previously been reviewed by a24
county, city, or village enforcing a local building or construction code25
adopted pursuant to section 71-6406 if such local building or26
construction code includes the requirements of the 2024 201827
International Energy Conservation Code. The department shall provide a28
copy of any review to the agency receiving funding. The agency receiving29
the funding shall verify that the building as constructed meets or30
exceeds the code. The verification shall be provided to the department.31
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The Director of Water, Energy, and Environment may, in consultation with1
the State Building Administrator of the Department of Administrative2
Services, adopt and promulgate rules and regulations to carry out this3
section. 4
Sec. 5. Section 72-806, Revised Statutes Cumulative Supplement,5
2024, is amended to read: 6
72-806 The enforcement provisions of Chapter 1 of the 2024 20187
International Energy Conservation Code, published by the International8
Code Council, shall not apply to buildings subject to section 72-804.9
Sec. 6. Section 81-1608, Reissue Revised Statutes of Nebraska, is10
amended to read: 11
81-1608 The Legislature finds that consumers have an expectation12
that newly built houses or buildings they buy meet uniform energy13
efficiency standards. Therefor, the Legislature finds that there is a14
need to adopt the 2024 2018 International Energy Conservation Code,15
published by the International Code Council, in order (1) to ensure that16
a minimum energy efficiency standard is maintained throughout the state,17
(2) to harmonize and clarify energy building code statutory references,18
(3) to ensure compliance with the federal Energy Policy Act of 1992, (4)19
to increase energy savings for all Nebraska consumers, especially low-20
income Nebraskans, (5) to reduce the cost of state programs that provide21
assistance to low-income Nebraskans, (6) to reduce the amount of money22
expended to import energy, (7) to reduce the growth of energy23
consumption, (8) to lessen the need for new power plants, and (9) to24
provide training for local code officials and residential and commercial25
builders who implement the 2024 2018 International Energy Conservation26
Code. 27
Sec. 7. Section 81-1609, Revised Statutes Supplement, 2025, is28
amended to read: 29
81-1609 As used in sections 81-1608 to 81-1626, unless the context30
otherwise requires: 31
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(1) Department means the Department of Water, Energy, and1
Environment; 2
(2) Contractor means the person or entity responsible for the3
overall construction of any building or the installation of any component4
which affects the energy efficiency of the building;5
(3) Architect or engineer means any person licensed as an architect6
or professional engineer under the Engineers and Architects Regulation7
Act; 8
(4) Building means any new structure, renovated building, or9
addition which is used or intended for supporting or sheltering any use10
or occupancy, but not including any structure which has a consumption of11
traditional energy sources for all purposes not exceeding the energy12
equivalent of three and four-tenths British Thermal Units per hour or one13
watt per square foot; 14
(5) Residential building means a building three stories or less that15
is used primarily as one or more dwelling units; 16
(6) Renovation means alterations on an existing building which will17
cost more than fifty percent of the replacement cost of such building at18
the time work is commenced or which was not previously heated or cooled,19
for which a heating or cooling system is now proposed, except that the20
restoration of historical buildings shall not be included;21
(7) Addition means an extension or increase in the height,22
conditioned floor area, or conditioned volume of a building or structure;23
(8) Floor area means the total area of the floor or floors of a24
building, expressed in square feet, which is within the exterior faces of25
the shell of the structure which is heated or cooled;26
(9) Nebraska Energy Code means the 2024 2018 International Energy27
Conservation Code published by the International Code Council;28
(10) Traditional energy sources means electricity, petroleum-based29
fuels, uranium, coal, and all nonrenewable forms of energy; and30
(11) Equivalent or equivalent code means standards that meet or31
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exceed the requirements of the Nebraska Energy Code.1
Sec. 8. Section 81-1611, Revised Statutes Supplement, 2025, is2
amended to read: 3
81-1611 The Legislature hereby adopts the 2024 2018 International4
Energy Conservation Code published by the International Code Council as5
the Nebraska Energy Code. The Director of Water, Energy, and Environment6
may adopt regulations specifying alternative standards for building7
systems, techniques, equipment designs, or building materials that shall8
be deemed equivalent to the Nebraska Energy Code. Regulations specifying9
alternative standards may be deemed equivalent to the Nebraska Energy10
Code and may be approved for general or limited use if the use of such11
alternative standards would not result in energy consumption greater than12
would result from the strict application of the Nebraska Energy Code.13
Sec. 9. Section 81-1614, Reissue Revised Statutes of Nebraska, is14
amended to read: 15
81-1614 The Nebraska Energy Code shall apply to all new buildings,16
or renovations of or additions to any existing buildings, on which17
construction is initiated on or after the effective date of this act July18
1, 2020. 19
Sec. 10. Original sections 81-1608 and 81-1614, Reissue Revised20
Statutes of Nebraska, sections 71-6403 and 72-806, Revised Statutes21
Cumulative Supplement, 2024, and sections 71-6406, 72-804, 72-805,22
81-1609, and 81-1611, Revised Statutes Supplement, 2025, are repealed.23
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