Tenn. Comp. R. & Regs. 1200-01-05-.03 - PERMITTING AND INSPECTION

(1) Application Procedures

(a) A person planning to construct, operate, or change ownership of an organized camp shall submit a written permit application with the proper fee, as set forth in T.C.A. 68-110-103, to the Commissioner.

(b) A person planning to operate an organized camp must obtain a written application for a permit on a form provided by the Commissioner through the local county health department prior to operating an organized camp.

(c) An application for a permit is required for an organized camp that has not previously been permitted or in instances when ownership changes.

(d) For the purposes of determining a change of ownership of an organized camp, a "person" shall include a change of ownership of the organized camp by a corporation (e.g., Corporation A sells its organized camp to Corporation B) or a change of ownership of a corporation which owns an organized camp. If there is no change in the federal tax identification number applicable to the corporation which owns the organized camp, there is no change of ownership for permit purposes.

(e) The Commissioner shall issue an organized camp permit

1. upon receiving a completed application with applicable fees; and

2. after an inspection of the proposed facility reveals that the facility is in compliance with requirements of these rules.

(2) Inspection Procedures

(a) The Commissioner shall inspect or cause to be inspected every organized camp at least once every six (6) months or as often as deemed necessary by the Commissioner.

(b) Inspection results for organized camps shall be recorded on standard departmental forms which summarize the requirements of the law and rules.

(c) The scoring system shall include a weighted point value for each requirement in which critical items are assigned values, at the discretion of the department, of either four (4) or five (5) points, with non-critical items having assigned values of either one (1) or two (2) points.

(d) The rating score of the facilities shall be the total of the weighted point values for all violations subtracted from one hundred (100).

(3) The organized camp shall be accessible for inspection and not be subject to flooding during the camping season.

(4) Critical item violations shall be corrected within ten (10) calendar days from the date of the inspection. The inspection report shall state that failure to comply with any time limits for correction may result in suspension of permit or cessation of operation.

(5) The citation of a violation of a non-critical item may be appealed, upon receipt of a written request submitted to the Director of General Environmental Health within ten (10) calendar days following the date of the inspection report. If the tenth (10^th) day falls on a weekend or state holiday, the first work day following shall be treated as the tenth (10^th) day. The request for appeal shall identify the non-critical item(s) being appealed. The final determination on the appeal shall be made by the Director or the Director's Designee in writing and within a reasonable time after receipt of the request for an appeal.

(6) The citation of a violation of a critical item may also be appealed upon the receipt of a written request submitted to the Director of General Environmental Health within ten (10) calendar days following the date of the inspection report. If the tenth (10^th) day falls on a weekend or state holiday, the first work day following shall be treated as the tenth (10^th) day. The request for appeal shall identify the critical item(s) being appealed. The decision of the Director shall be final and made in writing within a reasonable time of the request for an appeal.

(7) Upon declaration of an imminent health hazard by the Commissioner, the facility shall immediately cease operations until authorized to reopen. A request for a hearing may be made in writing to the Commissioner postmarked or received within ten (10) calendar days of the decision of the Director.

(8) The Commissioner shall suspend an organized camp permit, if the Commissioner has reasonable cause to believe that the permittee is not in compliance with the provisions of this part; provided, however, the permittee shall be given the opportunity to correct violations as provided in Rule 1200-1-5-.03(4).

The Commissioner may provide a notice of suspension on the regular inspection report or by letter. A written request for a hearing on a suspension must be filed by the permittee within ten (10) days of receipt of notice. If a hearing is requested, it shall be held within a reasonable time of the request. If no request for a hearing is made within ten (10) days of receipt of notice, the suspension becomes final and not subject to review. When a permit suspension is effective, all operations must cease. The Commissioner may end the suspension at any time, if reasons for suspension no longer exist in the opinion of the Commissioner.

(9) Permit Revocation

(a) After providing an opportunity for a hearing, the Commissioner or his duly authorized representative may revoke a permit for serious or repeated violations of requirements of this part or for interference with the Commissioner in the performance of the Commissioner's duty.

(b) Prior to revocation, the Commissioner shall notify, in writing, the permittee of the specific reason(s) for which the permit is to be revoked. The permit shall be revoked at the end of ten (10) days following service of such notice, unless a written request for a hearing is filed with the Commissioner within such ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit becomes final.

(10) Whenever a facility is required under this rule to cease operations by order to cease operation, or by suspension or revocation of permit, it shall not resume operations until it is shown on re-inspection that conditions responsible for the cessation of operations no longer exist. Opportunity for re-inspection shall be offered within a reasonable time.

(11) A notice provided for in this part is properly served when it is hand delivered to the permittee or person in charge, or alternatively, five (5) days from the mailing, by certified mail, return receipt requested, to the last known address of the permittee. A copy of the notice shall be filed in the records of the Commissioner.

Notes

Tenn. Comp. R. & Regs. 1200-01-05-.03

Original rule certified June 7, 1974. Repeal and new rule filed May 6, 2002; effective July 20, 2002.

Authority: T.C.A. §§ 4-5-202, 53-3802, 68-110-102, 68-110-103, 68-110-104, and 68-110-105.