Tenn. Comp. R. & Regs. 0780-02-23-.12 - LOCAL GOVERNMENT ENFORCING RESIDENTIAL BUILDING CODES AND STANDARDS
Purpose. Pursuant to T.C.A. §
68-120-101, a
(1)
Initial Authorization.
(a) On or before July
1, 2010, or upon subsequent adoption thereof, a local government meeting the
requirements of T.C.A. §
68-120-101, to adopt and enforce
residential building construction and fire safety codes and standards for one
(1) and two (2) family dwellings, townhouses and additions thereto of thirty
(30) square feet or more of interior space, shall provide the Division with the
following information:
1. The titles and
editions of the residential building construction and fire safety codes and
standards for one (1) and two (2) family dwellings and townhouses adopted and
enforced by the local government;
2. The number and types of inspections that
will be conducted;
3. A description
of the permit issuance, enforcement, and recordkeeping process for all
residential inspection activities.
4. The names of all persons who are employed
by the local government to perform residential building inspections on the
construction of one (1) and two (2) family dwellings, townhouses, and additions
thereto of thirty (30) square feet or more of interior space and who meet the
training requirements of T.C.A. §§
68-120-101(f)(1)(B),
68-120-113, and
68-120-118; and
5. Any other documentation the Division deems
necessary from a local government to evidence compliance with the requirements
of T.C.A. §§
68-120-101, 68-120113 and
68-120-118. The Division may conduct an on-site review of the local
government's residential building permit and inspection process.
(2) Except as provided
in T.C.A. §
68-120-101, or otherwise approved
in writing by the state fire marshal, no city, county, town, municipal
corporation, metropolitan government, or political subdivision of the State of
Tennessee shall adopt or enforce any ordinance prescribing less stringent
standards of fire prevention, fire protection, or building construction safety
than those established hereunder. The residential building construction and
fire safety codes and standards adopted by a local government shall be current
within seven (7) years of the date of the latest edition published. Any
amendments to the editions of the standards and codes adopted by the local
government shall be designed to afford a reasonable degree of safety to life
and property from fire and hazards incident to the design, construction,
alteration, and repair of buildings or structures within the jurisdiction. If a
local government adopts a less stringent seismic standard, the local government
shall submit the request in writing with a letter from an engineer registered
in Tennessee confirming that the proposed standards afford, to a reasonable
degree, building construction standards to protect life and property. A local
government may also request to adopt a less stringent seismic standard proposed
by a different political subdivision if that standard was previously approved
by the state fire marshal.
(3)
Review of Local Government Authority.
(a) For
any local government that is authorized to adopt and enforce residential
building construction and fire safety codes and standards for one (1) and two
(2) family dwellings, townhouses, and additions thereto of thirty (30) square
feet or more of interior space, the Division will conduct a review of the local
government's authorization at least once every three (3) years. The local
government shall submit the following information on a form provided by the
Division within thirty (30) days of its receipt of the form.
1. The titles and editions of the residential
building construction and fire safety codes and standards for one (1) and two
(2) family dwellings and townhouses adopted and enforced by the local
government;
2. The number and types
of residential inspections that are conducted;
3. A description of the permit issuance,
enforcement, and recordkeeping process for all residential inspection
activities;
4. The names of all
persons who are employed by the local government to perform residential
building inspections on the construction of one (1) and two (2) family
dwellings, townhouses, and additions thereto of thirty (30) square feet or more
of interior space and who meet the training requirements of T.C.A. §§
68-120-101(f)(1)(B),
68-120-113 and
68-120-118; and,
5. Any other documentation the Division deems
necessary from the local government to evidence compliance with the
requirements of T.C.A. §§ 68-120101, 68-120-113 and 68-120-118. The
Division may conduct an on-site review of the local government's residential
building permit and inspection process.
(b) Each local government selected for an
on-site review pursuant to this paragraph shall be notified of the review in
writing.
(c) Report of Review.
1. After conclusion of the review, the
Division shall notify the local government in writing whether the local
government's adopted residential building construction and fire safety codes
and standards are current as required by law, whether there are any areas in
which the local government is not adequately enforcing the adopted codes and
standards, and whether the local government's personnel is properly performing
inspections.
2. If the local
government has not adopted current residential building codes and standards, is
not adequately enforcing the adopted codes and standards, or is not properly
performing inspections, the notification shall contain recommended corrective
action, and the local government shall be directed to submit a plan of
corrective action to the Division within thirty (30) days after its receipt of
the notification. The plan of corrective action shall be sufficiently detailed
so as to ensure compliance with all requirements for initial
Authority.
3. Within thirty (30)
days after receipt of the local government 's plan of corrective action, the
Division shall either approve or disapprove the plan. If the plan is approved,
the Division may conduct periodic follow-up reviews to ensure continued
compliance with the plan. If the plan is not approved, the Division may remove
the local government's authorization to conduct building inspections on the
construction of one (1) and two (2) family dwellings, townhouses, and additions
thereto of thirty (30) square feet or more of interior space.
Notes
Authority: T.C.A. § 68-120-101(a), (b), and (d).
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