T.C.A. § 0780-02-02-.06 - AUDITS OF LOCAL CODES ENFORCEMENT AGENCIES

(1) INITIATION OF AUDIT

(a) The Division shall audit each exempt jurisdiction no less than once every three (3) years. The Division shall notify the exempt jurisdiction of the commencement of the audit.

(b) The Division shall submit a questionnaire to the jurisdiction to gather information needed for the audit. The exempt jurisdiction shall submit the following information on a form provided by the Division within thirty (30) days of its receipt of the form:

1. The name and title, mailing address, email, and telephone number of the official accountable for the exempt jurisdiction's codes enforcement operations;

2. The name, mailing address, email, and main telephone number of the head of the exempt jurisdiction's highest executive officer;

3. The edition date and type of building and fire codes currently enforced by the exempt jurisdiction, along with ordinances and/or amendments to the codes enforced by the exempt jurisdiction. Amendments that lessen the adopted code requirements must be specifically identified by the jurisdiction;

4. A list of the exempt jurisdiction's building and fire officials, with certification numbers and certification expiration dates, who are responsible for the exempt jurisdiction's plans review and field inspections;

5. Assurance that the jurisdiction performs inspections of building code, fire code, or other building safety complaints and that noncompliant items are corrected;

6. A statement of whether the jurisdiction performs enforcement of codes for Educational Group E occupancies;

7. The average number of days an inspection has been performed after a request for the inspection has been made by the permit holder; and

8. Any other information needed for completion of the audit.

(2) PLANS REVIEW AND INSPECTION AUDIT

(a) The exempt jurisdiction shall make approved sets of plans for buildings under construction available to the Division. The exempt jurisdiction shall provide inspection reports as requested.

(b) The Division shall select and review an approved set of plans for a building project for compliance with the jurisdiction's codes and established timeframes.

(c) The exempt jurisdiction shall submit the approved building plans for the building project selected pursuant to subparagraph (2)(b), and any subsequently requested plans, to the Division within ten (10) days of the request.

(d) The Division may select a building project that has been recently completed when the jurisdiction does not have a building project that is adequate for the audit.

(e) The Division shall perform an inspection of the building project selected for audit pursuant to subparagraph (2)(b). The local officials shall be in attendance during the inspection.

(3) AUDIT REPORT

The Division will notify the jurisdiction in writing whether the jurisdiction is adequately enforcing the adopted codes or properly performing timely inspections.

(4) PLAN OF CORRECTIVE ACTION

(a) When the Division determines that a jurisdiction is at risk of not adequately enforcing its adopted code, including but not limited to not adequately performing inspections, the Division may issue a written audit report to the jurisdiction setting out each finding of the Division constituting grounds for such determination and require the jurisdiction to submit an acceptable Plan of Corrective Action (POCA) to the Division detailing how and when each item will be corrected. The Division may require the POCA to include additional Division oversight, including but not limited to additional building inspections and training, or any other measure the Division deems appropriate to ensure the jurisdiction adequately enforces its adopted code and adequately performs inspections.

(b) A POCA required pursuant to subparagraph (a) shall be submitted to the Division within thirty (30) days of the jurisdiction's receipt of the audit report unless the Division designates a greater or lesser time in the audit report. If a different timeframe is set out in the audit report, then the POCA may be submitted within that timeframe. Upon receipt and review, the Division shall issue a written response approving or denying the POCA.

1. If the Division approves the POCA, then the jurisdiction must perform the steps identified in the POCA according to the timeframes therein.

2. If the Division denies the POCA, the Division may offer the jurisdiction an opportunity to submit an amended POCA.

(i) If the Division offers the jurisdiction an opportunity to submit an amended POCA, then the jurisdiction must resubmit the amended POCA within the timeframe set by the Division in the notice of the denial.

(ii) Approval or denial of an amended POCA after a denied POCA shall follow the same process for approval or denial of a POCA as set out in this subparagraph.

(c) If a jurisdiction fails to complete the steps or meet the timelines set out in the POCA and the Division determines the jurisdiction is still at risk of not adequately enforcing its adopted code, including but not limited to not adequately performing inspections, the Division may:

1. Request a new POCA according to the procedure set out in subparagraph (b); or

2. Approve an amendment to the existing POCA.

(d) If a jurisdiction fails to complete the steps or meet the timelines set out in a POCA and the Division determines the jurisdiction is no longer merely at risk but is not adequately enforcing its adopted code, including but not limited to inadequately performing inspections, the Division shall proceed with removing the jurisdiction's exempt status as set out in subparagraph (5)(a).

(e) When the Division determines that a jurisdiction has implemented its approved POCA and made all necessary corrections, the Division shall issue a letter to the local officials to notify the jurisdiction in writing that they are adequately enforcing adopted codes and performing timely inspections and that the POCA is closed.

(f) Nothing in this paragraph shall be construed as requiring the Division to request a POCA, allow submission of a POCA, or allow a jurisdiction to continue to implement a POCA if the Division determines the jurisdiction is not adequately enforcing its adopted code, including but not limited to not adequately performing inspections in a manner requiring that the Division remove the jurisdiction's exempt status as set out in subparagraph (5)(a).

(5) LOSS OF EXEMPT STATUS

(a) Where a jurisdiction is found to be inadequately enforcing its code, including but not limited to properly performing timely inspections, the jurisdiction's exempt status shall be removed.

(b) Notice and hearing regarding the removal of a jurisdiction's exempt status shall be as set out in the Uniform Administrative Procedures Act, T.C.A., Title 4, Chapter 5.

Notes

T.C.A. § 0780-02-02-.06

New rules filed January 17, 2025; effective 4/17/2025.

Authority: T.C.A. § 68-120-101(b).