Title 68, Health, Safety and Environmental Protection

(a) The owner or operator of an amusement device shall immediately cease to operate any amusement device upon which a fatality, serious physical injury, or serious incident has occurred. An owner shall report any accident involving a fatality, serious physical injury, or serious …

(a) The commissioner shall compile a list of persons who have been found to be qualified inspectors. The list shall be posted on the website maintained by the department. (b) The commissioner may employ or contract with qualified inspectors to conduct inspections of amusement dev…

(a) A person shall not operate an amusement device unless the owner of the amusement device has the device inspected at least once annually by a qualified inspector, who is either provided by the commissioner or whom the owner or insurer has selected from the lists maintained on …

(a) Each owner or operator shall retain on the premises or with a traveling or portable amusement device for at least twenty-four (24) months, all maintenance, inspection and accident records for each amusement device. The owner shall make the records for the amusement device und…

(a) The owner or operator of traveling or portable amusement devices shall file an itinerary with the department on a form prescribed by the commissioner no less than thirty (30) days before the operation of an amusement device for use by the public. (b) The itinerary shall inclu…

In addition to any and all other remedies, if an owner, operator or person in charge of any amusement device continues to operate any amusement device during the pendency of a cessation pursuant to § 68-121-118 or § 68-121-120, then the commissioner may petition the circuit court…

The state and its officers and employees or members of the board shall not be construed to assume liability arising out of an accident involving an amusement device by reason of administration of this chapter.

(a) A rider on an amusement device shall, at a minimum:(1) Obey the reasonable safety rules posted in accordance with subsection (g) and oral instructions for an amusement device issued by the amusement device's owner or the owner's employee or agent, unless:(A) The safety rules …

(a) There is created within the department of labor and workforce development a board of boiler rules, which shall hereafter be referred to as the “board,” consisting of five (5) members who shall be appointed to the board by the governor. The original appointments were one (1) f…

(a) The board shall formulate definitions, rules and regulations for the safe and proper construction, installation, repair, use and operation of boilers in this state. The definitions, rules and regulations so formulated shall be based upon, and, at all times, follow the general…

No boiler that does not conform to the rules and regulations formulated by the board governing new construction and installation shall be installed and operated in this state after twelve (12) months from the date upon which the first rules and regulations under this part pertain…

(a) All boilers that were in use, or installed ready for use in this state prior to the date upon which the first rules and regulations became effective, or during the twelve-month period immediately thereafter, shall be made to conform to the rules and regulations of the board g…

(a) This part shall not apply to the following boilers:(1) Boilers under federal control or boilers that are used to generate electricity under contract with the Tennessee Valley authority (TVA);(2) Unfired pressure vessels meeting the requirements of the interstate commerce comm…

(a) Any time the office of the chief inspector becomes vacant, the commissioner shall appoint a citizen of this state who shall have had at the time of such appointment practical experience in the construction, maintenance, repair, or operation of high pressure boilers and unfire…

The chief inspector shall employ deputy inspectors, who shall be responsible to the chief inspector and who shall have had at time of appointment not less than five (5) years' practical experience in the construction, maintenance, repair or operation of high pressure boilers and …

(a) In addition to the deputy boiler inspectors authorized by § 68-122-107, the chief inspector shall, upon the request of any company authorized to insure against loss from explosion of boilers and unfired pressure vessels in this state, or upon the request of any company operat…

(a) Examinations for chief, deputy, or special inspectors must be administered by a National Board of Boiler and Pressure Vessel Inspectors' member jurisdiction; the National Board of Boiler and Pressure Vessel Inspectors during the last day of the In-service Commission (IS) two-…

(a) Each boiler used or proposed to be used within this state, except boilers exempt in § 68-122-105, shall be thoroughly inspected as to their construction, installation, condition and operation as follows:(1) Power boilers shall be inspected annually both internally and externa…

(a) If, upon investigation, a boiler is found to comply with the rules and regulations of the board, the owner or user of the boiler shall pay directly to the chief inspector an appropriate certificate fee as adopted by the board pursuant to § 68-122-102, and the chief inspector,…

It is unlawful for any person, firm, partnership or corporation to operate a boiler under pressure in this state without a valid inspection certificate. The operation of a boiler without such inspection certificate, or at a pressure exceeding that specified in such inspection cer…

(a) Biennial or required inspections of unfired pressure vessels shall be based on the maximum length of the vessel multiplied by the maximum width of diameter. The fee for internal and/or external inspections of each unfired pressure vessel subject to inspection shall be in an a…

The chief inspector shall furnish a bond in the sum of five thousand dollars ($5,000), and each of the deputy inspectors, employed and paid by the state, shall furnish a bond in the sum of two thousand dollars ($2,000) conditioned upon the faithful performance of their duties and…

Any person aggrieved by an order or act of an inspector or the chief inspector under this part, may, within fifteen (15) days after notice thereof, appeal from such order or act to the board. The board shall hear the appeal in accordance with the Uniform Administrative Procedures…

(a) The chief inspector shall give an official receipt for all fees, which shall constitute expendable receipts of the department in addition to the appropriations otherwise available. (b) The fee for any inspection or inspection certificate under this chapter shall be increased …

This part shall be known and may be cited as the “Boiler Erectors and Repairers Act.”

Any person, corporation, partnership or firm engaged in or desiring to engage in the work of repairing or erecting steam boilers, steam kettles, pressure tanks or steam generators in this state shall obtain a license to perform such work from the board of boiler rules as created …

“Erect,” as used in this part, includes only such steam boilers, steam kettles, pressure tanks, or steam generators as are assembled at the place of installation, and does not include such steam boilers, steam kettles, pressure tanks, or steam generators as are constructed at the…

An application for license under this part shall be made to the chief inspector of steam boilers and unfired pressure vessels, and the applicant shall pass an examination as prescribed by the board of boiler rules and given by the chief inspector, and further, the applicant must …

(a) The original issuing fee and renewal fee shall each be in an amount adopted by the board pursuant to its authority under § 68-122-102. In no event shall such fees exceed a maximum amount of one hundred dollars ($100) for the first year and sixty dollars ($60.00) for each annu…

(a) This part shall not apply to persons, corporations, partnerships or firms that are complying with the rules and regulations of the interstate commerce commission or to persons, corporations, partnerships or firms that have their own maintenance personnel who are limited to th…

This part shall not have the effect of replacing any municipal law or ordinance that regulates and licenses the repairing or erection of steam boilers, steam kettles, pressure tanks or steam generators, and nothing in this part shall be construed as preventing the local officials…

It is unlawful for any person, corporation, partnership or firm to engage in the work of repairing or erecting steam boilers, steam kettles, pressure tanks, or steam generators in this state without a valid license as provided under this part. Any violation of this part is a Clas…

It is the intention of this part that this part is supplemental to part 1 of this chapter and that nothing in this part is to be construed as conflicting with part 1 of this chapter.

This chapter shall be considered supplemental to § 68-102-147.

(a) In order to enable this state to assume responsibility for enforcement of federal manufactured home construction and safety standards established under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.), the division of fir…

This part shall be known and may be cited as the “Uniform Standards Code for Manufactured Homes Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Commissioner” means the commissioner of commerce and insurance or the commissioner's designee;(2) “Manufactured home” has the same meaning as defined in 42 U.S.C. § 5402(6);(3) “Manufacturer” means any person en…

Manufactured homes, like other finished products having concealed vital parts, may present hazards to the health, life and safety of persons and to the safety of property unless properly manufactured. In the sale or rental of manufactured homes, there is also the possibility of d…

(a) The commissioner is authorized and directed to investigate and examine engineering and construction practices and techniques, the properties of construction materials used in the construction and assembly of manufactured homes, their electrical, plumbing, heating and other sy…

(a) No person may manufacture, sell, lease, or offer to sell or lease any manufactured home in violation of rules of the commissioner issued to afford reasonable protection to persons and property with respect to the construction, assembly, and sale or lease of such manufactured …

(a) (1) It is unlawful to engage in business in this state as a manufacturer or retailer prior to obtaining a license from the commissioner. The commissioner may require of an applicant for a license such information and evidence of qualifications as are reasonably necessary to p…

The commissioner may establish a monitoring inspection fee in an amount established by the secretary. This monitoring inspection fee shall be an amount paid by each manufactured home manufacturer in this state for each manufactured home produced by the manufacturer in this state.…

Each manufacturer, distributor, and retailer of manufactured homes shall establish and maintain such records, make such reports, and provide such information as the commissioner or the secretary may reasonably require to be able to determine whether such manufacturer, distributor…

In the issuance of rules and regulations pursuant to this part, the commissioner may provide appropriate exemption or exception with respect to a manufactured home or manufactured homes which have been inspected and approved by a nationally recognized and approved testing agency …

The commissioner is charged with the administration of this part. The commissioner may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate general rules and regulations of procedure for carrying into effect all provisions of t…

(a) The commissioner and the commissioner's authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part or the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.) are author…