In addition to any and all other remedies, if any owner, user, or person in charge of any boiler required to be inspected by the Boiler Inspection Act continues to use the same after receiving a notice of defect as provided by the act, without first correcting the defects or making replacements, the State Fire Marshal may apply to the district court or any judge thereof by petition in equity, in an action brought in the name of the state, for a writ of injunction to restrain the use of the alleged defective boiler or if the continued operation of the boiler poses serious risk or harm to the general public, the state boiler inspector may take those actions required to immediately shut down and cause to be inoperable any boiler required to be inspected by the act.
- Laws 1943, c. 112, § 10, p. 396;
- R.S.1943, § 48-717;
- R.S.1943, (1984), § 48-717;
- Laws 1987, LB 462, § 19;
- Laws 1995, LB 438, § 14;
- R.S.1943, (2010), § 48-737;
- Laws 2019, LB301, § 18.
- Operative Date: July 1, 2019
Terms Used In Nebraska Statutes 81-5,182
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.