Nebraska Administrative Code Topic - FIRE MARSHAL, STATE
Overview of the State Fire Marshal (NAC – Fire Marshal)
The Nebraska State Fire Marshal (SFM) is responsible for enforcing fire safety laws and regulations, investigating fire incidents, licensing certain fire-related professionals, and ensuring compliance with building codes and safety standards. The SFM also investigates fires suspected of being intentionally set or resulting from negligence.
1. Failure to Comply with Fire Safety Inspections
Rule: Buildings must comply with fire codes and be available for inspection by the State Fire Marshal.
Case Example: A commercial warehouse repeatedly fails to address fire hazards identified during inspections, such as blocked exits and improperly stored flammable materials. The SFM can issue citations, fines, or even order closure of the facility until compliance is achieved.
Why it matters: Ensures life safety for occupants and reduces risk of catastrophic fires.
2. Improper Storage of Flammable or Hazardous Materials
Rule: Flammable liquids, gases, and other hazardous materials must be stored according to fire safety regulations.
Case Example: A manufacturing plant stores flammable chemicals in a non-approved container near heat sources. An inspection reveals the violation, and the SFM can require corrective actions, issue fines, and potentially pursue criminal charges if negligence contributed to a fire.
Why it matters: Prevents accidental ignition and reduces fire hazards in workplaces or public spaces.
3. Fire Code Violations in Public Assembly or Commercial Buildings
Rule: Public assembly areas (schools, theaters, arenas) must meet specific fire safety requirements, including exit signage, emergency lighting, and occupancy limits.
Case Example: A nightclub is found to exceed its occupancy limit, with blocked exits and no functioning fire alarms. The SFM can issue citations, mandate evacuation procedures, and require corrective measures before the business can legally operate.
Why it matters: Protects large groups of people from fire hazards and ensures safe evacuation routes.
4. Fireworks and Explosives Violations
Rule: Only licensed individuals or businesses may sell, store, or use fireworks or explosives in Nebraska, and they must follow SFM regulations.
Case Example: A retailer sells fireworks without a proper license, and customers report unsafe storage conditions. The SFM can revoke licenses, issue fines, and require removal of the fireworks from the premises.
Why it matters: Prevents accidental explosions, fires, and injuries from improper handling of explosives.
5. Arson Investigation and Fire Origin Determination
Rule: The SFM investigates suspected arson, accidental fires, or fires resulting from negligence.
Case Example: A residential fire is suspected to be intentionally set. The SFM conducts an investigation, including interviewing witnesses, examining fire patterns, and collecting evidence. If arson is confirmed, the case is referred to law enforcement for criminal prosecution, and the property owner may face insurance and civil consequences.
Why it matters: Identifies criminal activity, prevents further arson, and holds responsible parties accountable.
6. Licensing Violations for Fire Protection Professionals
Rule: Fire protection contractors, inspectors, and alarm system installers must hold a valid SFM license.
Case Example: A company installs fire suppression systems without a license. The SFM can issue penalties, stop-work orders, and require all systems to be inspected and certified before they are legally used.
Why it matters: Ensures fire protection systems are installed and maintained by qualified professionals to save lives and property.
7. Failure to Report Fire Incidents
Rule: Fire departments and property owners must report fire incidents as required by Nebraska law.
Case Example: A small factory fails to report a minor fire that damaged electrical equipment. Investigation reveals repeated noncompliance. The SFM can impose fines and require mandatory fire safety training for management.
Why it matters: Accurate reporting is essential for fire prevention planning, statistical tracking, and public safety measures.
8. Non-Compliance with Fire Alarm and Sprinkler System Regulations
Rule: Buildings must have functioning fire alarm and sprinkler systems as required by code.
Case Example: A hotel’s fire alarm system is found nonfunctional during an SFM inspection. Guests could be at serious risk in the event of a fire. The SFM may require immediate repair, fines, or temporary closure until compliance is achieved.
Why it matters: Ensures early detection of fires and protects occupants.
✅ Summary Table of Key Fire Marshal Cases
| Situation | Rule Violated | Possible Consequences |
|---|---|---|
| Fire safety inspection noncompliance | Building fire code | Fines, closure, mandatory corrections |
| Improper storage of flammable materials | Hazardous material codes | Fines, criminal liability, corrective actions |
| Fire code violations in public buildings | Public safety requirements | Fines, mandatory upgrades, occupancy restrictions |
| Unauthorized fireworks/explosives handling | Licensing rules | Fines, license revocation, seizure |
| Arson investigation | Fire investigation law | Referral to law enforcement, civil liability |
| Unlicensed fire protection work | Licensing requirements | Stop-work orders, fines, mandatory inspections |
| Failure to report fires | Reporting law | Fines, corrective actions, mandatory training |
| Non-functional alarms/sprinklers | Fire protection systems code | Fines, mandatory repair, temporary closure |
Key Takeaway:
The Nebraska State Fire Marshal enforces fire codes, investigates fires, licenses professionals, and ensures public safety. Violations can range from negligent storage of flammable materials to unlicensed professional activity, with consequences including fines, license revocation, building closure, or criminal referral.
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