Judges: WRITTEN BY: Don Stenberg, Attorney General Mark D. Starr, Assistant Attorney General
Filed Date: 5/17/1999
Status: Precedential
Modified Date: 7/5/2016
REQUESTED BY: Terry L. Carlson, Executive Director You have asked whether poultry feeder buildings are subject to inspection pursuant to the State Electrical Act. Each of the buildings you describe will house approximately 40,000 young chickens until they are ready for processing. Two such buildings have been erected at a site near Tecumseh and plans are to build about six more such buildings on the site. The poultry processing company reportedly does not own the buildings; only the chickens. The company contracts with investors to raise the chickens to processing weight.
The company also proposes to contract with area farmers to raise the company's chickens in the same type of buildings. The farmers are apparently to have the necessary buildings constructed. The company will not own these buildings.
The company also may have plans to have such buildings constructed on its own land.
Nebraska. Rev. Stat. §
Neb. Rev. Stat. §
Neb. Rev. Stat. §
Nebraska. Rev. Stat. §
Although the statute just quoted has to do more with when licensing is required of the installer, we mention it because it appears to contemplate that some farm installations may also be "commercial or industrial" in nature so as to trigger regulatory oversight. But on the other hand, it also suggests that the legislature envisioned that there would be some electrical installations on farm property apart from those on the farmer's personal residence which would not be considered commercial or industrial in nature.
Under the facts presented, the buildings at issue are installations in which large numbers of poultry are being fed and stored for others. This falls within the statutory definition of industrial installation at Neb. Rev. Stat. §
Sincerely,
DON STENBERG Attorney General
Mark D. Starr Assistant Attorney General
Approved:
Don Stenberg Attorney General