What Nebraska Requires Under the Carbon Monoxide Safety Act
Last verified: August 24, 2026
Start with the Carbon Monoxide Safety Act, Nebraska Revised Statutes sections 76-602 through 76-606, for any Nebraska carbon monoxide detector question. The framework is statewide for covered dwellings and includes clear trigger events such as qualifying new construction, sale or transfer, permit-related interior work, and rental turnover after a change in tenant occupancy. Nebraska also defines device characteristics, acceptable power options, and installation methods by statute, including references to State Fire Marshal standards and NFPA 720 installation context.
The law separates owner and tenant duties, so installation, battery supply at move-in, maintenance, and deficiency reporting should be documented as distinct workflow steps. For Nebraska operators, defensible compliance means section-level citations, dated test records, and turnover checklists linked to each dwelling unit.
In 60 Seconds
| Applies to homes? | Yes |
|---|---|
| Applies to rentals? | Yes |
| Applies to hotels/STRs? | Yes |
| Applies to schools? | Yes, under a condition |
| Applies to workplaces? | No |
Schools and workplaces
Schools: it depends, and the test is one you can apply to the building itself. The classroom is covered when the school is built and when it is worked on, and the two routes carry different occupancy lists. Section 71-6403 adopts the 2018 International Building Code as the state building code, excluding only section 101.4.3 and chapter 29, so Chapter 9 survives whole and Section 915.1.1 reaches classrooms in Group E occupancies where a condition in Sections 915.1.2 through 915.1.6 exists. Under Section 915.2.3 those detectors also need somewhere to report: the signals go "automatically transmitted to an on-site location that is staffed by school personnel", excepting a Group E occupancy with an occupant load of 30 or less. Section 71-6404(2) makes that code the building and construction standard within the state and Section 71-6406(1)(b) applies it by default where a locality has adopted nothing, so no Nebraska school sits under no code. The existing-building route does not follow: Section 71-6403(1)(c) adopts the 2018 International Existing Building Code, whose Section 804.1 asks for alarms in a work area in Group I-1, I-2, I-4 and R occupancies and does not name Group E. And Section 71-6406(2)(a) lets a county, city or village amend, modify or delete any portion of the state code and still count as conforming generally, so ask the local building official what their jurisdiction did to Chapter 9. That question is worth asking about Section 915.2.3 specifically rather than about Chapter 9 in general. It is the provision in this section with a recurring cost attached, a monitored path rather than a device, which makes it the likeliest single sentence for a small jurisdiction to have struck under 71-6406(2)(a). Nebraska is one of the few states where a reader can be told what the code says and still not be told what applies, and this is the sentence where that gap costs the most.
Workplaces: Nebraska places no carbon monoxide detection duty on an office, shop or other workplace. Federal and state occupational rules set an exposure limit for carbon monoxide in air; they do not require a detector to be installed, and this row is about installation. Two instruments and neither names a workplace. The Carbon Monoxide Safety Act keeps itself to residences by definition: Section 76-602 defines seven terms, none of them a workplace term, both covered categories require property used or intended to be used as a residence, and a dwelling unit under the Act needs permanent provisions for cooking. The state building code supplies the other route, and Section 915.1.1 of the 2018 International Building Code it adopts reaches Group I-1, I-2, I-4 and R occupancies and Group E classrooms, with no Group B, F, M or S anywhere in the list.
When Are CO Alarms Required?
- Buildings with fuel-burning appliances
- Buildings with attached garages
- New construction
- Home sales or property transfers
- When building permits are required
- Fireplace conditions are included in the statutory trigger framework for covered dwelling categories.
- Rental units with change in tenant occupancy on or after 2017 trigger installation duties under section 76-606.
Where to Install CO Alarms
- For qualifying new construction, alarms are required on each habitable floor or in a location allowed by an adopted building code under section 76-603.
- For sale or transfer, an operational alarm is required on each habitable floor or per adopted building code under sections 76-604 and 76-605.
- For permit-related interior work, alarms are required on each habitable floor where covered work occurs or per adopted building code under sections 76-604, 76-605, and 76-606.
For detailed placement guidance beyond legal requirements, see where to place carbon monoxide detectors.
Device Requirements
- Distinct, audible alarm as defined in section 76-602.
- Listing by a nationally recognized independent testing laboratory to standards determined by the State Fire Marshal under section 76-602.
- Permitted power options include battery, plug-in with battery backup, hardwired with battery backup, or panel-connected pathways under section 76-602.
- Installation must follow manufacturer instructions and NFPA 720 framework as incorporated by statute.
Landlord and Tenant Responsibilities
Landlord: Rental owners must have alarms operational in covered scenarios, provide batteries at move-in, replace missing or non-operational units before new occupancy, and correct deficiencies after tenant notice under section 76-606. Provision: 76-606.
Tenant: Tenants must keep alarms in good working order, test and maintain devices during occupancy, and notify the owner or agent of missing or non-operational alarms under section 76-606. Provision: 76-606.
- The Carbon Monoxide Safety Act at sections 76-602 through 76-606 governs dwellings and rentals; the lodging duty comes from the state building code at section 71-6403 instead, so a Nebraska operator with both houses and hotels is working from two separate bodies of law.
Full Nebraska landlord and tenant carbon monoxide duties, with citations
Rental CO Compliance Check 2 min
Check which CO alarm requirements likely apply to your rental in Nebraska, whether you're a landlord or tenant.
Enforcement
Enforced by: Nebraska State Fire Marshal standards authority plus local enforcement pathways tied to adopted code and statutory compliance.
Enforcement typically occurs:
- At sale, transfer, and occupancy milestones covered by sections 76-604 through 76-606.
- During inspection or complaint workflow when missing or disabled alarms are documented.
What a Tenant Can Do in Nebraska
When a carbon monoxide alarm stops working in a rented home in Nebraska, these are the five routes a tenant can take and where each one comes from.
"Via general law" means the Nebraska carbon monoxide statute itself is silent and the remedy comes from the state's landlord-tenant law instead. The remedy is available even though the alarm rule does not contain it.
"No provision found" is a finding rather than a gap in the research: the chapter that would carry that remedy was read and contains nothing either way. What was read is named beside the row.
| Rent withholding | Via general lawNeb. Rev. Stat. 76-1428. A defence with a counterclaim rather than a right to stop paying. In an action for possession for nonpayment, or for rent, the tenant may counterclaim for any amount recoverable under the rental agreement, and the court may order all or part of the accrued and accruing rent paid into court. A tenant who has already given up possession keeps the counterclaim and is not required to pay anything in, which matters for someone who left over a hazard and is being pursued for the balance of the term. |
|---|---|
| Repair and deduct | No provision foundSearched: Neb. Rev. Stat. 76-1419 through 76-1430, the landlord duty and tenant remedy sections of the Uniform Residential Landlord and Tenant Act, read for any provision letting a tenant charge work against rent. The act's only deduction is in 76-1427 and it is limited to essential services, letting a tenant who has given written notice procure running water, hot water, heat or other essential services and deduct the actual and reasonable cost. A carbon monoxide alarm is not an essential service in that sense, so the deduction Nebraska offers does not reach it, and 76-1425 supplies damages and injunctive relief rather than a way to spend and recover. |
| Right to end the lease | Via general lawNeb. Rev. Stat. 76-1425. The notice carries two different periods and they are easy to transpose: the landlord gets fourteen days to remedy, and the agreement terminates on a date not less than thirty days after receipt. A substantially similar breach recurring within six months shortens the second figure, letting the tenant terminate on at least fourteen days' notice. |
| Notice the tenant must give | Via general lawNeb. Rev. Stat. 76-1425. Written notice specifying the acts and omissions constituting the breach, with no waiting period before serving and no prescribed delivery method. Nebraska asks less of the form than Maine or Illinois, which require certified mail, so what carries the weight is the termination date the tenant writes into it. |
| Landlord cure period | Via general law, 14 daysNeb. Rev. Stat. 76-1425. Fourteen days from receipt, untiered, so a dead carbon monoxide alarm and a broken cupboard run the same fortnight. The pressure Nebraska adds is financial rather than temporal: under 76-1425(2) the tenant may recover damages and obtain injunctive relief, with reasonable attorney's fees where the landlord's noncompliance was willful. |
Applies to every row above:Nebraska has a carbon monoxide statute and a landlord-tenant act, and they do not meet. The Carbon Monoxide Safety Act at 76-601 to 76-607 sets duties and prohibited acts without a fine schedule or a tenant remedy, so nothing in it reaches the columns below. Those all come from the Uniform Residential Landlord and Tenant Act at 76-1401 and following, which is a URLTA adoption and behaves like one: the noncompliance section at 76-1425, essential services at 76-1427, and the counterclaim immediately after at 76-1428, exactly where the positional rule predicts. What Nebraska did not adopt is a general repair-and-deduct, so a tenant here answers a defect by terminating, suing, or waiting to be sued.
What Nebraska Requires in Lodging
The Nebraska carbon monoxide requirement reaches hotels and short-term rentals.
Hotels already standing: it depends, and on a separate test from the one that decides coverage generally. Nebraska reaches an existing hotel when the building is worked on, and not before. Neb. Rev. Stat. 71-6403(1)(c) adopts the International Existing Building Code, 2018 edition, except section 809, as a component of the state building code, and Section 804.1 of that code requires carbon monoxide alarms in "any work area in Group I-1, I-2, I-4 and R occupancies", releasing work on exterior surfaces and work on plumbing or mechanical systems other than fuel-burning appliances. That is an alteration trigger rather than a standing retrofit, and Nebraska sets no compliance date for existing stock. Nothing in the fire code family adds to it: Title 153, Chapter 1 of the Nebraska Administrative Code, the State Fire Code Regulations, adopts a list of NFPA standards led by the Life Safety Code, NFPA 101, 2000 edition, and carries no carbon monoxide provision anywhere in it. Section 804.1 also points at Section 1103.9 of the International Fire Code for the standard, and Nebraska adopts no edition of that code, so an operator doing qualifying work should ask the local building department which text it applies.
Operator duty: A Nebraska hotel or motel operator takes the duty from the state building code, because the Carbon Monoxide Safety Act is written in residential definitions that a guest room does not meet. Section 71-6403 adopts the 2018 International Building Code as the state building code, excluding only section 101.4.3 and chapter 29, both of which concern plumbing. Chapter 9 survives, and Section 915.1.1 requires carbon monoxide detection in Group I-1, I-2, I-4 and R occupancies, while Section 310.2 lists transient hotels and motels in Group R-1. Section 71-6404(2) makes that code the building and construction standard within the state, and section 71-6406(1)(b) closes the gap a reader would expect: a county, city or village that adopts nothing within two years of an update gets the state code by default, with an exception only for construction on a farm. Alarms go in the guest rooms, which Section 915 calls sleeping units, where the room contains a fuel-burning appliance or fireplace, is served by a fuel-burning forced-air furnace, sits in a building with such an appliance and a communicating opening to it, or adjoins an attached private garage. One caution belongs with the answer: a locality that writes its own code may delete parts of the state code under 71-6406(2)(a) and still be treated as conforming, and only deletions from the energy chapters have to be reported to the state, so ask the local building official what edition and what amendments apply.
Penalties for Non-Compliance
The cited Carbon Monoxide Safety Act sections establish duties and prohibited acts but do not provide a stand-alone fine schedule in sections 76-601 through 76-607.
Nebraska Revised Statutes sections 76-601 through 76-607.
Additional Notes
- Nebraska operators should map each property event to the specific section trigger before closing, leasing, or permit sign-off.
- Mixed portfolios should keep separate checklists for sale, permit-work, and rental turnover scenarios.
- The Nebraska carbon monoxide act is built out of residential definitions and lodging is not one of them. Section 76-602 defines seven terms, and no hotel, motel or transient accommodation appears among them. Both categories the act covers turn on the same phrase: a single-family dwelling is "any improved real property used or intended to be used as a residence and that contains one dwelling unit", and a multifamily dwelling is the same property "that contains more than one dwelling unit", extended to condominiums and cooperatives. A dwelling unit must in turn provide "complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation". A guest room is neither a residence nor a place with permanent cooking provisions, so the new-construction, sale and change-of-tenant triggers at sections 76-603 through 76-606 do not describe a hotel. A lodging requirement in Nebraska therefore sits in the state building code rather than here.
- The state building code supplies it. Section 71-6403 adopts the 2018 International Building Code with two exclusions, section 101.4.3 and chapter 29, which move plumbing over to the Uniform Plumbing Code and leave the fire protection chapter untouched. Section 915.1.1 of that edition requires carbon monoxide detection in Group I-1, I-2, I-4 and R occupancies, and Section 310.2 puts transient hotels and motels in Group R-1. What makes it a statewide answer rather than a local one is the pair of sections after the adoption: 71-6404(2) declares the state building code the building and construction standard within the state, and 71-6406(1)(b) provides that where a county, city or village has not adopted a code of its own within two years of an update, the state code applies there, excepting construction on a farm. So the reader's question is not whether their town has a code. It is which code, and the floor is the same either way, because 71-6406(3)(a) forbids a local code that keeps a prior edition of any component of the state code.
Official Sources & References
- Nebraska Revised Statute section 76-602 , 76-602 (state code, accessed 2026-02-17)
Definitions, device standards, power options, and installation framework. - Nebraska Revised Statute section 76-603 , 76-603 (state code, accessed 2026-02-17)
New construction trigger and location obligations. - Nebraska Revised Statute section 76-604 , 76-604 (state code, accessed 2026-02-17)
Single-family sale, transfer, permit-work duties, and prohibited acts. - Nebraska Revised Statute section 76-605 , 76-605 (state code, accessed 2026-02-17)
Multifamily unit sale, transfer, permit-work duties, and prohibited acts. - Nebraska Revised Statute section 76-606 , 76-606 (state code, accessed 2026-02-17)
Rental owner and tenant duties, turnover obligations, and prohibited acts. - Nebraska Revised Statutes sections 71-6403, 71-6404 and 71-6406 (Building Construction Act) , 71-6403 adoption of the 2018 IBC; 71-6404(2) applicability; 71-6406(1)(b) default application (building code, accessed 2026-08-04)
71-6403 adopts the IBC 2018 except section 101.4.3 and chapter 29, the IRC 2018 except R313 and chapters 25 to 33, the IEBC 2018 except section 809, and the Uniform Plumbing Code 2018. Chapter 9 of the IBC, which holds Section 915, is adopted in full. 71-6404(2) makes the state building code the building and construction standard within the state. 71-6406(1)(b) applies it by default where a county, city or village has adopted nothing within two years of an update, excepting construction on a farm, and 71-6406(3)(a) bars a local code built on a prior edition. Read on FindLaw 2026-08-04; nebraskalegislature.gov refuses curl and Justia returns 403 to both curl and fetch. - Nebraska Building Code 2018 (International Building Code 2018 as adopted) , Sections 915.1.1 to 915.1.5 (Carbon Monoxide Detection) and 310.2 (Residential Group R-1) (building code, accessed 2026-08-04)
Jurisdiction-specific rendering of the edition Nebraska adopted. 915.1.1 requires detection in Group I-1, I-2, I-4 and R occupancies and in Group E classrooms where the conditions in 915.1.2 to 915.1.6 exist, and 915.1.2 to 915.1.5 place it in sleeping units as well as dwelling units. 310.2 lists hotels (transient) and motels (transient) under Group R-1. - Nebraska Administrative Code Title 153, Chapter 1, Nebraska State Fire Code Regulations , Section 001 and the adopted standard list, item 057 (fire code, accessed 2026-08-07)
Read to establish that the fire code family adds nothing to the existing-buildings answer. The chapter adopts a list of NFPA standards by reference, item 057 being the Life Safety Code, NFPA 101, 2000 edition as amended. Across the whole chapter "carbon monoxide" occurs zero times against 66 occurrences of "NFPA", so the absence is measured rather than assumed. - International Existing Building Code 2018, Section 804 Carbon Monoxide Detection, as served for Nebraska , Section 804.1 (Carbon Monoxide Alarms) (building code, accessed 2026-08-07)
The edition Neb. Rev. Stat. 71-6403(1)(c) adopts. 804.1 requires carbon monoxide alarms in any work area in Group I-1, I-2, I-4 and R occupancies, in accordance with Section 1103.9 of the International Fire Code, and releases exterior work and plumbing or mechanical work other than fuel-burning appliances. It sits in Chapter 8, Alterations Level 2, so the trigger is work rather than the passage of time.
Disclaimer: This page explains the law as it stood on August 24, 2026. It is general information, not legal advice, and reading it creates no attorney-client relationship. Requirements vary by city, county and building type, and statutes and codes are amended: confirm the current text with the issuing authority before acting on it. Each requirement here cites the instrument it comes from, so you can check it at source.
Frequently Asked Questions
In Nebraska, which occupancy categories are clearly covered by statewide alarm duties?
Where does Nebraska law require alarm placement?
How are landlord and tenant duties split under Nebraska section 76-606?
In Nebraska, how should managers document citation risk for missing alarms?
Are all-electric Nebraska units exempt from every alarm requirement?
How does Nebraska compare with Iowa for regional procedures?
Practical CO Detector Guides
Beyond legal requirements, these guides help you choose, install, and maintain CO alarms:
- Where to place carbon monoxide detectors, room-by-room placement recommendations
- CO detector beeping patterns, what different alarms mean
- What to do if your detector goes off, emergency response checklist
- CO resources and links, official agencies and safety information