ADMINISTRATION AND ENFORCEMENT

Omaha Municipal Code ch. 40, art. I

in effect

Omaha Municipal Code § 40-1 Purpose and scope.

Sec. 40-1. - Purpose and scope. The purpose of this chapter is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of mechanical systems. This chapter is intended to provide minimum standards for: (a) The design, installation, maintenance, alteration and repair of mechanical systems that are permanently or temporarily installed for the control of environmental conditions and related processes within buildings; (b) The regulation of mechanical systems, system components, equipment and appliances; (c) The licensing and registration of qualified persons as provided herein; and (d) The administration and enforcement of this chapter and the codes adopted herein. The provisions of this chapter shall apply to all new installations, alterations, repairs and operation of mechanical systems and equipment. Unless otherwise provided for, a provision in this code shall not require the removal, alteration or abandonment of a mechanical system lawfully in existence at the time of the adoption of this code. Such lawfully existing systems may continue to be used and maintained provided they are in proper operating condition and are maintained in a safe and sanitary condition. The owner or the owner's designated agent shall be responsible for maintenance of mechanical systems. To determine compliance with this code, the mechanical inspector shall have the authority to require a mechanical system to be reinspected. Additions, alterations, renovations or repairs to a mechanical system shall conform to that required for a new mechanical system without requiring the existing mechanical system to comply with all of the requirements of this code. Additions, alterations or repairs shall not cause an existing mechanical system to become unsafe, hazardous or overloaded. Minor additions, alterations, renovations and repairs to existing mechanical systems shall meet the provision for new construction, unless such work is done in the same manner and arrangement as was in the existing system, is not hazardous and is approved. (Ord. No. 38165, § 1, 7-15-08)

Omaha Municipal Code § 40-2 Enforcement and right of entry.

Sec. 40-2. - Enforcement and right of entry. The director of the planning department and his/her duly authorized representatives shall be authorized and directed to enforce the provisions of this chapter and the codes adopted herein. The superintendent of the permits and inspections division shall be known as the building official for the purposes of this chapter and the codes adopted herein. The building official and his/her designees shall have the power to render interpretations of this chapter and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this chapter. The director of the planning department and the superintendent of the permits and inspections division shall have the authority to hire inspectors and other employees as shall be necessary to carry out the functions of this chapter and the codes adopted herein. Upon presentation of the proper credentials, the director of the planning department and his/her duly authorized representatives may enter at reasonable times any building, structure or premises within the jurisdictional area of the city whenever it is necessary to make an inspection to enforce the provisions of this chapter and the codes adopted herein, or whenever the building official has reasonable cause to believe that there exists any conditions or violations of this chapter or the codes adopted herein which make the building or premises unsafe, unsanitary, dangerous or hazardous subject to constitutional or statutory restriction. If such building or premises is unoccupied, the authorized representative shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the authorized representative shall have full recourse to the remedies provided by law to secure entry. (Ord. No. 38165, § 1, 7-15-08)

Omaha Municipal Code § 40-3 Conflicting provisions and alternate materials.

Sec. 40-3. - Conflicting provisions and alternate materials. (a) When, in any specific case, different sections of the mechanical code or of this chapter specify different materials, methods or designs of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (b) In the event of a conflict between the provisions of this chapter and any section of this code, the provisions which impose the highest standard shall prevail. (c) The provisions of this chapter are not intended to prevent the use of any material, alternate design or method of construction not specifically prescribed by the chapter or the codes adopted herein, provided an alternate has been approved and its use authorized by the building board of review as set forth in Chapter 43, Division 5 of this Code. (Ord. No. 38165, § 1, 7-15-08)

Omaha Municipal Code § 40-4 Violations and stop work orders.

Sec. 40-4. - Violations and stop work orders. The building official or his/her duly authorized representative shall, upon substantiated evidence of violation of any provision of this chapter or code adopted herein, issue written notice to the owner, contractor, lessee, firm, corporation or other individual(s) responsible for the violation to correct same within a specific time period. Such notice shall be given to the person causing the work to be done, the property owner or the owner's agent. Where an emergency exists, the notice need not be given in writing. All work must cease until approved by the authorized representative to resume. Any person who continues to perform work not approved by the authorized representative shall be in violation of the stop work order and shall be subject to the penalties prescribed by law. If the owner, contractor, lessee, firm, corporation or other individual(s) responsible for the violation shall fail to make such changes, alterations or repairs within the time set forth in the notice of violation, and no extension of such time has been procured, the building official or his/her authorized representative shall pursue all remedies as prescribed by law. (Ord. No. 38165, § 1, 7-15-08)

Omaha Municipal Code § 40-5 Penalties and appeals.

Sec. 40-5. - Penalties and appeals. (a) Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in section 1-10 of this Code. Every such person, persons, firm(s) or corporation shall be deemed guilty of a separate offense for every day on which such violation shall continue. (b) Any person shall have the right to appeal the decision of the building official or his/her duly authorized representative regarding matters regulated by this chapter. Appeals of matters arising under this chapter shall be made to the building board of review as provided in Chapter 43, Division 5 of this Code. (Ord. No. 38165, § 1, 7-15-08)

Omaha Municipal Code § 40-6 Exceptions to quadrupling fees.

Sec. 40-6. - Exceptions to quadrupling fees. No quadruple fee penalty set forth in this chapter shall be imposed if the work is of an emergency nature where a delay in performing the work may cause a risk to life or health or will significantly increase the risk of property damage, provided a permit is applied for within 48 hours of completion of the work, in which case no penalty shall be imposed. (Ord. No. 38165, § 1, 7-15-08)

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=OMMUCOCHGEORVOII_CH40MECO_ARTIADENFetched: 10/28/2026