Nebraska - The Building Codes Assistance Project

Current Commercial Code

2011 Nebraska Energy Code, based on the 2009 IECC with NE administrative amendments; ASHRAE Standard 90.1-2007 is an acceptable compliance path through Chapter 5 of the 2009 IECC.
Passed 4/14/2011, effective 8/27/2011

Click here to read a report on energy code compliance in Nebraska.

Current Residential Code

2011 Nebraska Energy Code, based on the 2009 IECC with NE administrative amendments
passed 4/14/2011, effective 8/27/2011

Enforcement

The Nebraska Energy Code, codified in Nebraska Administrative Code Title 107, is mandatory for all jurisdictions enforcing an energy code. Local jurisdictions may adopt their own codes, but state law requires that these local codes be of equal or greater stringency to the current Nebraska Energy Code. If a town or county has not adopted an energy code or does not wish to adopt an energy code, the Nebraska Energy Office will enforce the code in that jurisdiction.

The code applies to new residential and commercial construction as well as renovations that will cost more than 50 percent of the replacement cost of the building. There are some exemptions from the code, including historic buildings, modular housing units, mobile homes, and renovations that will cost less than 50 percent of the replacement cost of the building.

Climate Zone: 5A

Code Adoption and Change Process

Code Change Process

Legislative: In Nebraska, the authority to update the state’s energy code lies with the Unicameral Legislature. Before a bill is introduced, Nebraska Energy Office (NEO) staff consult with the Governor’s office and community stakeholders as they develop legislative language. When the language is deemed satisfactory, the Governor’s office selects a legislator to introduce the bill, which is assigned to a committee by the Speaker of the Legislature. Successful legislation would be approved by the committee and the full chamber, ultimately being signed into law by the Governor. In general, non-emergency laws become effective 90 days after the Legislature adjourns sine die.

Code Change Cycle

No set schedule. The Nebraska Energy Office reviews every model code edition as it is published, though it is up to the Legislature whether or not to update the state code.

Next Code Update

NEO has plans to review the latest editions of the model codes, but the likely timeline for this process is not clear.

History

July 22, 2014	A statewide check of commercial building code compliance with the 2009 IECC finds an 83 percent compliance rate for the state. Thirty-eight buildings under construction across the state were selected with assistance from local code officials and contractors. The buildings analyzed represented a majority of typical commercial construction types: retail, education, office, warehouse, hotel and healthcare, all under two stories with a single HVAC system. Read the press release here.
October 16-18, 2012	The Nebraska Energy Office hosts its 2012 Regional Energy Codes Conference in Omaha.
August 27, 2011	LB 329 takes effect, updating the 2011 Nebraska Energy Code to reference the 2009 IECC and ASHRAE 90.1-2007.
April 2011	The state’s Unicameral Legislature approves LB 329, updating the code’s references from the 2003 IECC to the 2009 IECC and ASHRAE 90.1-2007. Then-Governor Dave Heineman signs LB 329 on April 14th. Similar legislation: LB 55
March 29, 2010	LR 468 is introduced in the Nebraska Legislature, directing the Natural Resources Committee to study the impact – including the potential financial impacts and energy savings to state agencies – of the adoption of the 2009 IECC. The state’s current standards are based on the 2003 IECC. The resolution does not advance beyond the committee stage before the Legislature adjourns sine die on April 14.
January 19, 2010	LB 977 is introduced to the Nebraska State Committee on Urban Affairs. It would require new state buildings and renovations to comply with energy efficiency standards. In April 2010, this bill is indefinitely postponed.
2004	LB 888 modifies the Nebraska Energy Code to include new and renovated state buildings with the code’s purview. (This reference was updated to the 2009 IECC with the updated 2011 Nebraska Energy Code.) LB 888 also makes significant changes in the state’s Thermal and Lighting Standards (renamed the Nebraska Energy Code), spurring a complete revision of the Rules and Regulations which govern the Nebraska Energy Code. This bill updates the code to the 2003 IECC.
1980	LB 954 is passed by the Legislature and signed into law by the Governor to promote the conservation of energy resources and to provide for public health, safety and welfare. It directs the State Energy Office to enforce the Lighting and Thermal Standards portion of the law based on the ASHRAE/IES Standard 90-1975, the first building energy efficiency standards in the state. This original legislation has since been modified by LB 2 (1981), LB 799 (1982), LB 124 (1983), LB 315 (1985), LB 622, (1997), LB 1135 (2000), and LB 888 (2004). The 1985 update referenced the 1983 MEC, and the 2000 update referenced the 1998 IECC.