(1) In cities of the metropolitan class, there shall be a plumbing board of eight members. The plumbing board shall consist of an architect licensed to practice in the State of Nebraska and engaged in business in a city of the metropolitan class, a mechanical engineer licensed to practice in the State of Nebraska and engaged in business in a city of the metropolitan class, two journeymen plumbers, two master plumbers, one member of the general public who is not associated with the plumbing business, and a chief health officer who shall serve as a nonvoting member of the board. Such members shall be appointed by the mayor by and with the consent of the city council. A member shall continue to serve until his or her successor has been appointed and qualified.
(2) In cities of the primary class, there may be a plumbing board consisting of five members. The plumbing board shall consist of the Director of Building and Safety of the city, a registered professional mechanical engineer licensed to practice in the State of Nebraska and engaged in business in the city, the chief plumbing inspector for the city, one master plumber, and one journeyman plumber. The mechanical engineer, the master plumber, and the journeyman plumber shall be appointed by the mayor by and with the consent of the city council or, in cities having a city manager, by the city manager.
(3) In all cities of the first class, cities of the second class, and villages, there may be a plumbing board of not less than four members, consisting of at least one member to be known as the chief health officer of the city or village, one member to be known as the plumbing inspector of the city or village, one journeyman plumber, and one master plumber. The journeyman and master plumbers shall be appointed by the mayor by and with the consent of the city council, by the chairperson by and with the consent of the village board of trustees, or, in cities having a city manager, by the city manager.
(4) For purposes of this section, in cities where a city-county health department has been established and is maintained as provided in section 71-1628, chief health officer shall mean the health director of such department.
(5) Except for cities of the metropolitan class and primary class and as provided in subsection (4) of this section, the chief health officer and plumbing inspector shall be appointed by and hold office during the term of office of the mayor, city manager, or chairperson of the village board of trustees, as the case may be. The terms of office of the journeymen and master plumbers shall be for four years. Upon expiration of the term of each appointed member, appointments shall be made for succeeding terms by the same process as the previous appointments.
(6) The plumbing inspector and journeymen and master plumbers shall be licensed plumbers. The plumbers appointed to the plumbing board in cities of the metropolitan class shall be licensed within such cities. The chief plumbing inspector shall be licensed within such city or village and shall act in a direct advisory capacity to the plumbing board.
(7) In cities of the metropolitan class, four voting members of the plumbing board shall constitute a quorum, and in all other cities and villages, three members of the plumbing board shall constitute a quorum. The plumbing board shall organize by selecting a chairperson, and in cities of the metropolitan class a recording secretary shall be furnished to the plumbing board. The city or village shall make available to the plumbing board a location for the board to meet and conduct business at a time convenient for the members of the board. All vacancies in the plumbing board may be filled by the mayor and city council, city manager, or chairperson and village board of trustees as provided in this section. Any member of the plumbing board may be removed from office for cause by the district court of the county in which such city or village is situated. The governing body of the city or village may require that each member of the plumbing board give bond in the sum of one thousand dollars, conditioned according to law, the cost of which may be paid by such city or village.
(8) The plumbing board in a city of the metropolitan class shall maintain a record of all complaints filed in the city regarding violations of the plumbing code and a record of the disposition of each such complaint.
(9) If two or more municipalities organize a joint plumbing board pursuant to the Interlocal Cooperation Act, appointments shall be made according to the agreements providing for such joint board and the members of such board shall be residents of such cities or villages or live within the extraterritorial zoning jurisdiction of such cities or villages.
The plumbing board shall organize by selecting one member as chairperson. The plumbing inspector shall be the secretary of the board. It shall be the duty of the secretary to keep full, true, and correct minutes and records of all licenses issued by the plumbing board, together with their kinds and dates, and the names of the persons to whom issued, in books to be provided by such city or village for that purpose, which books and records shall be open for free inspection by all persons during business hours.
On being appointed, the members of the plumbing board shall each receive as a salary an amount to be determined by the city council or chairperson and village board of trustees.
The plumbing board shall fix stated times and places of meeting, which times shall not be less than once each year, and meetings may be held more often upon written call of the chairperson of the board. The chairperson of the plumbing board shall also call a meeting of the plumbing board upon the written request of a license applicant, licensee, or another member of the plumbing board. Such meeting shall be held within four weeks of such written request. The plumbing board shall adopt and promulgate rules and regulations for the examination, at such times and places, of all persons who desire a license to work at the construction or repairing of plumbing within the city or village, and also within the area of the extraterritorial zoning jurisdiction of cities of the metropolitan class.
The assistant inspectors shall receive a salary in an amount to be determined by the city council or village board of trustees. The members of the plumbing board, not ex officio members, shall be paid an amount to be determined by the city council or village board of trustees. No meeting of the plumbing board shall be held at any time, except on the call of the chairperson of such board. All salaries shall be paid out of the general fund of the city or village, where the plumbing board is located, the same as other city or village officers are paid. Vouchers for the same shall be duly certified by the chairperson and secretary of such plumbing board to the city council, city manager, or village board of trustees.
The plumbing board shall have the power and duty to adopt and promulgate rules and regulations, not inconsistent with the laws of the state or the ordinances of the city or village, for the sanitary construction, alteration, and inspection of plumbing and sewerage connections and drains placed in, or in connection with, any and every building in such city or village or within the area of the extraterritorial zoning jurisdiction of cities of the metropolitan class. Such rules and regulations shall prescribe the kind and size of materials to be used in such plumbing and the manner in which such work shall be done. Such rules and regulations, except such as are adopted for its own convenience only, shall be approved by ordinance by the mayor and city council of such city or by the chairperson and village board of trustees. The plumbing board shall have the power to amend or repeal its rules and regulations, subject, except such as relate to its own convenience only, to the approval of the mayor and city council of such city or chairperson and village board of trustees. In cities of the metropolitan class, the plumbing board shall have the power, without the approval of the mayor and city council, to grant a variance from the ordinances, rules, and regulations in the kind and size of materials to be used or in the manner in which the work is to be performed. The variance shall apply only to a single building and shall not be considered as a part of the ordinances, rules, and regulations of the plumbing board. If there are practical difficulties or unnecessary hardships in the manner of strictly carrying out such ordinance, the plumbing board shall have the power, in passing upon a variance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures or the use of land, so that the intent of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. The plumbing board shall have power to compel the owner or contractor to first submit the plans and specifications for plumbing that is to be placed in any building or adjoining premises to the board for approval before it shall be installed in such building or premises. When an owner or contractor submits a request for a variance, the plumbing board shall charge a reasonable fee, payable to the general fund, as set by the city council or village board of trustees. The Building Board of Review shall have the authority to hear appeals from the plumbing board in matters regarding variances and interpretation of ordinances, plumbing code changes, rules, and regulations. The Building Board of Review shall adopt and promulgate rules and regulations governing such appeals.
Any person desiring to do any plumbing, or to work at the business of plumbing, in any city or village which has established a plumbing board, shall make written application to the plumbing board for examination for a license, which examination shall be made at the next meeting of the plumbing board, or at an adjourned meeting. The plumbing board shall examine the applicant as to his or her practical knowledge of plumbing, house drainage, ventilation, and sanitation, which examination shall be practical as well as theoretical, and if the applicant has shown himself or herself competent, the plumbing board shall cause its chairperson and secretary to execute and deliver to the applicant a license authorizing him or her to do plumbing in such city or village and also within the area of extraterritorial zoning jurisdiction of cities of the metropolitan class.
All original and renewal licenses may be renewed by the plumbing board at the dates of their expiration. Such renewal licenses shall be granted, without a reexamination, upon the written application of the licensee filed with the plumbing board and showing that his or her purposes and condition remain unchanged and that he or she has complied with all other applicable rules and regulations required by the city council or village board of trustees. If it is made to appear by affidavit before the plumbing board that the applicant is no longer competent or entitled to such renewal license, then the renewal license shall not be granted until the applicant has undergone the examination required pursuant to sections 18-1901 to 18-1913.
All original and renewal plumbing licenses shall be good for one year or two years from the date of issuance as determined by the plumbing board, except that any license may be revoked or suspended by the plumbing board at any time upon a hearing upon sufficient written, sworn charges filed with the plumbing board showing the holder of the license to be incompetent or guilty of a willful breach of the rules, regulations, or requirements of the plumbing board or of the laws or ordinances relating thereto or of other causes sufficient for the revocation or suspension of his or her license, of which charges and hearing the holder of such license shall have written notice.
It shall be unlawful for any person to do any plumbing in any city or village, or within the area of extraterritorial zoning jurisdiction of cities of the metropolitan class, which has established a plumbing board unless the person holds a proper license. It shall be unlawful for any person to make any connection to water mains extended from within and beyond the extraterritorial zoning jurisdiction of a city of the metropolitan class which has established a plumbing board, unless the person complies with the applicable plumbing codes of the city of the metropolitan class and holds a proper license as required by such city. The requirements of this section shall not apply to employees of the water utility of such city or village acting within the scope of their employment.
The amount of the fees for original and renewal licenses shall be as established by the city council or village board of trustees based on the amounts actually necessary to administer the licensing program, but not to exceed twenty-five dollars per license. All license fees shall be paid to the city treasurer or village treasurer to be distributed in accordance with Article VII, section 5, of the Constitution of Nebraska.
The city or village plumbing inspector shall inspect all plumbing work in process of construction, alteration, or repair within the inspector's respective jurisdiction, and for which a permit either has or has not been granted, and shall report to the plumbing board all violations of any law, ordinance, or rule or regulation of the plumbing board, in connection with the plumbing work being done, and shall perform such other appropriate duties as may be required of such inspector by the plumbing board. If necessary, the mayor, by the consent of the city council, the city manager, or the chairperson of the village board of trustees, shall employ one or more assistant inspectors, who shall be licensed plumbers, to assist in the performance of the duties of the plumbing inspector.
The plumbing inspector shall be required to stop any plumbing work not being done in accordance with the requirements of the rules and regulations of the plumbing board. The plumbing board shall have the power to cause plumbing to be removed, if, after notice to the owner or plumber doing the work, the plumbing board shall find the work or any part thereof to be defective.
Any person violating sections 18-1901 to 18-1913 or any lawful ordinance or rules and regulations authorized by such sections shall be guilty of a misdemeanor, and shall be fined not more than five hundred dollars nor less than fifty dollars for each and every violation thereof. If such person holds a plumber's license, he or she shall forfeit the same, and it shall be void, and he or she shall not be entitled to another plumber's license for one year after such forfeiture is declared against him or her by the plumbing board.
The State of Nebraska shall permit cities and villages to collect permit fees and inspect all sanitary plumbing installed or repaired, except for a single-family dwelling or a farm or ranch structure, within the State of Nebraska outside of the corporate limits or extraterritorial zoning jurisdiction of cities and villages. The city or village nearest the construction site shall have jurisdiction to collect such permit fees and conduct the inspection of the sanitary plumbing. If such city or village has a plumbing ordinance in force and effect, such ordinance will govern the installation of the sanitary plumbing. If there is no plumbing ordinance in effect for such city or village, the 2018 Uniform Plumbing Code designated by the American National Standards Institute as an American National Standard shall apply to all buildings except single-family dwellings and farm and ranch structures.
No sanitary plumbing shall be installed or repaired in any building except a single-family dwelling or a farm or ranch structure by any person, partnership, limited liability company, corporation, or other legal entity without a permit issued by the city or village nearest the construction site.
Any person, partnership, limited liability company, corporation, or other legal entity who installs or repairs any sanitary plumbing within the state shall be a duly qualified master plumber licensed by the city or village nearest the construction site. The employees of the master plumbers who perform the actual installation or repair of sanitary plumbing shall also be licensed as journeymen plumbers by the city or village nearest the construction site.
The city or village which has jurisdiction of the construction or repair of the sanitary plumbing shall be entitled to permit fees, according to its ordinance. Any person, partnership, limited liability company, corporation, or other legal entity making installation or repair of sanitary plumbing in any building except a single-family dwelling without the required permit from the city or village shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than fifty dollars nor more than five hundred dollars.
Nothing in sections 18-1915 to 18-1919 shall be construed to require an employee working for a single employer as part of such employer's full-time staff and not holding himself or herself out to the public for hire to hold a license while acting within the scope of employment for such employer.
Nothing in sections 18-1901 to 18-1919 shall be construed to exempt persons from compliance with sections 71-1569 to 71-1571.