Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 801
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 section 71-6403,1
Revised Statutes Cumulative Supplement, 2024, and section 71-6406,2
Revised Statutes Supplement, 2025; to adopt updates to building and3
energy codes; and to repeal the original sections.4
Be it enacted by the people of the State of Nebraska,5
LB801
2026
LB801
2026
-1-
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
LB801
2026
LB801
2026
-2-
(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
LB801
2026
LB801
2026
-3-
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
LB801
2026
LB801
2026
-4-
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. Original section 71-6403, Revised Statutes Cumulative23
Supplement, 2024, and section 71-6406, Revised Statutes Supplement, 2025,24
are repealed. 25
LB801
2026
LB801
2026
-5-