Tenn. Comp. R. & Regs. 0780-02-13-.22 - EQUIVALENCIES

(1) Wherever there are practical difficulties involved in carrying out the provisions of this chapter and the codes and standards adopted in this chapter, the Commissioner, or designee, shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the Commissioner, or designee, shall first find that the special reason makes the strict application of the codes and standards adopted in this chapter impractical, that the modification is in compliance with the intent and purpose of the codes and standards adopted in this chapter, and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and kept in the files of the Division.

(2) The provisions of the codes and standards adopted in this chapter are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the codes and standards, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Commissioner, or designee, finds that the proposed design is satisfactory, that it complies with the intent of the codes and standards adopted in this chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed by the codes and standards adopted in this chapter in quality, strength, effectiveness, fire resistance, durability and safety.

(3) A party may request that an existing modular building unit be assigned a label if the party is currently licensed in Tennessee as a modular building unit manufacturer or retailer, or was licensed as such at the time of manufacture. The party shall provide the following information upon request:

(a) All plans by which the structure was constructed, sealed by a licensed Tennessee architect or engineer;

(b) Copies of all plant records pertaining to the inspection of the unit at the time of the manufacture, if applicable;

(c) A written statement from a Tennessee-approved third-party design review agency, Tennessee-approved construction inspection agency, or Tennessee licensed engineer or architect, which provides that the modular building unit meets all current applicable codes and regulations for the construction of modular building. Dismantling of part of the structure may be required in order to ensure that the structural, plumbing, mechanical, and electrical systems are compliant;

(d) The location on which the structure will be installed;

(e) Whether the structure will be privately or publicly owned;

(f) Other states' programs, if applicable, that have approved the structure as a modular building unit, including contact information and any applicable plan number or other identifying information for such approval; and

(g) Any and all information otherwise requested by the Department.

Notes

Tenn. Comp. R. & Regs. 0780-02-13-.22

New rule filed March 31, 2021; effective 6/29/2021.

Authority: T.C.A. §§ 68-102-113, 68-126-302, and 68-126-305.