Tennessee Administrative Code

These rules are promulgated to effectuate the purposes of the “Tennessee Prescribed Burning Act” T.C.A. §§ 11-4-1001 et seq.

(1) “Commissioner” means the Commissioner of the Department of Agriculture. (2) “Department” means the Department of Agriculture. (3) “Division” means the Division of Forestry within the Department. (4) “Prescribed Burning” means the controlled application of fire to vegetative f…

(1) Training will be no less than twenty (20) hours and will include knowledge and skill evaluations; pertinent laws and regulations; and, all aspects of planning and safely implementing a prescribed burn plan. October, 2013 1 RULES GOVERNING PRESCRIBED BURNING CHAPTER 0080-07-06…

(1) The Division shall issue Prescribed Burn Manager certification to an applicant who has successfully completed Division approved training. (2) Division certification shall include a unique certification number. (3) Certification is valid for thirty-six (36) months from the dat…

Instructors or graduates of the Division’s Prescribed Fire Training courses offered from 2006 to 2011 shall be issued Prescribed Burn Manager certification upon written request to the Division.

(1) A Certified Prescribed Burn Manager shall maintain certification by receiving three (3) hours of continuing education provided or approved by the Division prior to the expiration of certification. (2) Continuing education completed within six (6) months of expiration will act…

(1) The Prescribed Burn Prescription Plan shall be submitted on forms provided or approved by the Commissioner and shall include, at a minimum, the information required by the Commissioner and must be signed by the Certified Prescribed Burn Manager. (a) The Prescribed Burn Prescr…

(1) The Certified Prescribed Burn Manager is responsible for assuring applicable local, state and federal regulations are met. (2) The Certified Prescribed Burn Manager supervising the burn shall personally direct, observe and coordinate the lighting of the initial fire to begin …

LIST. (1) The Division will maintain the current Certified Prescribed Burn Manager list on the Department’s website, with paper or electronic copies available upon request.

(1) Prescribed burn manager certification from other states shall not be recognized. (2) Other prescribed burn certification may not be substituted for the Tennessee Prescribed Burn Manager certification.

(1) Certification of native lumber under this chapter applies to any species growing within the state of Tennessee and to operators of any commercial sawmill desiring certification to grade lumber under the Tennessee Native Species Act, T.C.A. § 43-28-313. (2) This chapter only a…

(1) Bow means a deviation flatwise from a straight line drawn from end to end of the piece measured at the point of greatest distance from the straight line. (2) Check means a separation of the wood that normally occurs across the wood growth rings, usually caused by the drying o…

(1) Certification is open to sawmill owners or their employees. Only those completing the one-day training course and passing the skills test will be certified. (2) Training courses will be held biannually in each of the three grand divisions of Tennessee, unless demand is so low…

(1) Characteristics allowed and limiting provisions: (a) Knots: 1. The size of a knot is measured directly as the diameter (in inches) for a round knot, and for other than round knots (e.g., spike knots and oval knots) the equivalent diameter size is estimated by averaging the me…

PRACTICES. (1) Wood moisture content and drying (a) Moisture content (MC) of wood is measured by weighing a sample of wood before and after drying it in a hot oven (103C/220F). The percent of MC is calculated as (wet weight- dry weight)/dry weight x 100. (b) Lumber shall be desig…

(1) The nominal and actual thickness and width of graded lumber is the same as lumber graded according to American Softwood Lumber Standard Table 4. August, 2022 7 NATIVE SPECIES LUMBER CHAPTER 0080-07-07 (Rule 0080-07-07-.06, continued) Table 4 Nominal and Minimum Actual Thickne…

Lumber volume is measured in Board Feet, which is a unit equal to a piece one inch thick and one-foot square. Lumber volume can be tallied as: (1) Board Feet (BF) = (nominal thickness [inches] x nominal width [inches] x standard length [feet])/12. (2) Fractions can be rounded to …

(1) The sawmill providing graded lumber shall provide a written summary that includes the following information: (a) A declaration that the lumber has been graded by a certified grader. (b) The name of the wood species, and its design value group as shown on Table 5. Table 5 Desi…

The department adopts by reference, as if fully stated herein, the standards titled “Uniform Regulation for the Method of the Sale of Commodities” as published in the National Institute of Standards and Technology (NIST) Handbook 130 issued by the U.S. Department of Commerce, as …

Annual fee requirements for commercial weighing and measuring equipment in the state are assessed according to T.C.A. § 43-1-703(f), and are as follows: (1) Liquid measuring equipment. (a) Regular Flow. Regular flow means liquid measuring equipment kept or used for measuring liqu…

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(1) Application for issuance of any license under this chapter shall be made on forms provided by the department, which shall be completed in full and shall include: (a) Name of the applicant; (b) Contact information for applicant, to include telephone number, email address, empl…

(1) A certified public weigher shall prepare a record of shipment for any natural resource product sold by a producer or supplier. The certified public weigher shall prepare the record of shipment in writing prior to shipment of the natural resource product to its purchaser. The …

(1) Application for issuance of any license under this chapter shall be made on forms provided by the department, which shall be completed in full and shall include: (a) Name of the applicant; (b) Contact information for applicant, to include telephone number, email address, empl…

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(1) Application for registration as a serviceperson under this chapter shall be made on forms provided by the department, which shall be completed in full and shall include: (a) Name of the applicant; (b) Contact information for applicant, to include telephone number, email addre…

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(1) Classification of pesticides under this chapter applies for construction and interpretation of the Tennessee Insecticide, Fungicide, and Rodenticide Act and the aerial application of pesticides law, compiled at Tennessee Code title 43, chapter 8; the Tennessee Application of …

(1) General use pesticide is any pesticide other than a restricted use pesticide. (2) Restricted use pesticide is any pesticide identified as a restricted use pesticide either on its label approved by EPA or its registration issued by the department.

(1) Pesticides shall be maintained in a manner consistent with their labeling. (2) Unless otherwise provided by their labeling, (a) Pesticides shall be maintained in containers or structures that are liquid tight; protected from damage by weather, personnel, and equipment; and se…

This chapter applies to any person who applies for or is required to have a pesticide license or certification issued under the Tennessee Insecticide, Fungicide, and Rodenticide Act or the Tennessee Application of Pesticides Act of 1978.

(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Application of Pesticides Act of 1978, T.C.A. §§ 62-21-101, et seq. (2) When used in the Act or this chapter, unless the context requires otherwise: (a) Act means the Tennessee Application of Pesti…

(1) Agricultural – Ground Equipment (AGE). An AGE license is required for any person who supervises branch operations for custom pesticide applications to control agricultural pests other than by fumigation. This license is not applicable to control of pests covered under other s…

(1) Categories of service. (a) Agricultural Pest Control (C01). C01 certification is required for any person who makes, solicits, or authorizes by direct supervision a custom or restricted use pesticide application on agricultural crops or pasture. (b) Forest Pest Control (C02). …

(1) Commercial applicators. (a) License testing. Applicants for pest control operator licenses must first complete license testing. Prior to examination, applicants must: 1. Submit to the department or its designee a completed exam application on forms provided by the department;…

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(1) This chapter applies to any person who purchases a restricted use pesticide and any person who manufactures, sells, offers for sale, transports or distributes any pesticides in commerce. (2) This chapter applies to any pesticide applications for which certification is not req…

(1) Terms in this chapter share those meanings of terms set forth under the Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled at Tennessee Code, title 43, chapter 8, parts 1 and 2. (2) When used in this chapter, unless the context requires otherwise: (a) Act means t…

(1) A person shall not distribute, sell, or offer for sale pesticides within the state unless the pesticide is registered with the department or the person or product is exempt from registration under the Act. (2) Application for registration shall be made on forms provided by th…