Applicable NDEE/DHHS Regulations for the Construction of Temporary Housing
This guidance document is advisory in nature but is binding on an agency until amended by such agency. A guidance document does not include internal procedural documents that only affect the internal operations of the agency and does not impose additional requirements or penalties on regulated parties or include confidential information or rules and regulations made in accordance with the Administrative Procedure Act. If you believe that this guidance document imposes additional requirements or penalties on regulated parties, you may request a review of the document.

Form #: 19-012 Guidance Documents Revised: 7/29/19

The following regulations may apply for the construction of temporary housing:

Title 123
This regulation will apply to the construction of a sewer system for the temporary housing. Plans and specifications prepared by a NE registered Engineer must be submitted for review and approval. A construction permit will be issued upon approval.
Title 124
This regulation will apply if an on-site wastewater treatment system is provided. Plans and specifications prepared by a NE registered Engineer must be submitted for review and approval unless allowed otherwise under Authorization By Rule. A permit will be issued upon approval.
Title 178 NAC 5*
This regulation would apply if it meets the definition of a mobile home. Mobile Home shall mean a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year round living. Plans and specifications prepared by a NE registered Engineer or registered Architect must be submitted for review and approval. Plans and specifications do not have to be prepared by a NE registered Engineer or registered Architect if the mobile home park has less than 15 mobile homes. A construction approval letter will be issued upon approval. A mobile home park operating permit is needed before placing the mobile homes into service.
Title 178 NAC 12*
This regulation would apply only if the temporary housing does not meet the definition of a public water system and a well is drilled to provide drinking water. No construction permit would be needed but construction must be done by a NE licensed well driller.
Title 179*
This regulation would apply if the temporary housing meets the definition of a public water system. Public water system means a system for providing the public with water for human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year. Plans and specifications for the water system must be prepared by a NE registered Engineer and must be submitted for review and approval. A construction permit will be issued upon approval. A public water system operating permit and a NE licensed water operator will be needed.

If it does not met the definition of a public water system, the public water system supplying the drinking water would have to obtain a construction permit for installing the water main to the temporary housing. Plans and specifications for the water mains prepared by a NE registered Engineer must be submitted for review and approval. A construction permit will be upon approval.

Please contact the NDEE/HHS engineering programs with any questions at 402-471-0597 or NDEE.moreinfo@nebraska.gov.



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Produced by: Nebraska Department of Environment and Energy, P.O. Box 98922, Lincoln, NE 68509-8922; phone (402) 471-2186. To view this, and other information related to our agency, visit our web site at http://dee.ne.gov