Title 68, Health, Safety and Environmental Protection

(1) The trauma care advisory council shall be responsible for the development of recommendations to the executive director for payment of any available trauma system funds based on the following principles:(1) Designated trauma centers of all levels and comprehensive regional ped…

There is established a general fund reserve to be allocated by the general appropriations act, which shall be known as the “trauma system fund,” referred to as the “fund” in this section. From the revenues and appropriations deposited in the fund, the health facilities commission…

(a) The executive director has appointing authority of the advisory council. (b) One (1) member of the advisory council must be a member of the committee on pediatric emergency care.

(a) The department of health is directed to study the prevalence and severity of asthma in this state. This study shall include, but not be limited to, an analysis of data from the hospital discharge data system to identify patterns of asthma prevalence in this state and opportun…

This chapter is known and may be cited as the “Restoring Rural Hospital Access for Perry and Decatur Counties Act.”

(1) The general assembly finds that:(1) Rural hospitals provide essential healthcare services to this state's most vulnerable populations and are often the only point of access to medical care in their respective regions;(2) Perry County Community Hospital and Decatur County Gene…

(a) The general assembly declares that the following are necessary providers of healthcare services to area residents:(1) Perry County Community Hospital, located in Linden, Tennessee; and(2) Decatur County General Hospital, located in Parsons, Tennessee. (1) Perry County Communi…

The purpose and intent of this chapter is to enable Perry County Community Hospital and Decatur County General Hospital to qualify for federal designation as critical access hospitals pursuant to criteria established in Section 1820 of the Social Security Act (42 U.S.C. § 1395i-4…

(a) The department of health and the health facilities commission shall take all necessary steps to facilitate the designation of Perry County Community Hospital and Decatur County General Hospital as critical access hospitals. (b) The department of health and health facilities c…

If any provision of this chapter or its application to any person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to that end, the provi…

(a) The corporate authorities of every city and incorporated town may, from time to time, designate some suitable place, at such distance from the limits of the corporation as may be deemed safe, to build magazines for the storage and safekeeping of gunpowder or other explosive m…

(a) It is the duty of the corporate authorities of any city or town, in which there is located any public hall for theatrical purposes, or other house kept open for public entertainment, thoroughly to examine the same, and ascertain if such buildings are provided with all the nec…

(a) It is lawful to construct and maintain a public storage garage for automobiles and other motor vehicles as part of any building used or occupied for habitational purposes, including the basement or cellar thereof; provided, that there is compliance with the following requirem…

(a) The American National Standard Electrical Safety Code, edition dated August 1, 2016, prepared and published by the Institute of Electrical and Electronics Engineers, Inc., 445 Hoes Lane, Piscataway, NJ 08854 or www.ieee.org, is adopted by the general assembly for application …

(a) It is unlawful for any person, firm, corporation, association or governmental agency to construct or cause to be constructed any liquefied petroleum gas, flammable gas or nonflammable compressed gas storage tank within two hundred feet (200′) of any main line railroad track c…

(a) As used in this section, unless the context otherwise requires:(1) “Antenna” means any tower, wire, pole, circuit, rod, tubing, equipment or instrument that transmits or receives data or information by means of electromagnetic waves or impulses of any kind whatsoever;(2) “Cod…

(a) For the purpose of this section, “beverage” means drinks in liquid form intended for human consumption. (b) No person shall sell or offer for sale any metal beverage container so designed and constructed that a part of the container is detachable in opening the container. (c)…

(a) No person, including an officer or employee of this state or any political subdivision of the state, shall knowingly release into the atmosphere more than twenty-five (25) balloons that are:(1) (A) Made of a nonbiodegradable material; or(B) Made of a biodegradable material th…

(a) As used in this section, unless the context otherwise requires:(1) “Container,” unless otherwise specified, refers to “rigid plastic container” or “plastic bottle,” as those terms are defined in this section;(2) “Department” means the department of environment and conservatio…

The duty of preventing and investigating fires destructive of buildings and other property is delegated to the department of commerce and insurance, under the control of the commissioner of that department.

(1) It is the duty of the commissioner of commerce and insurance, or the commissioner's deputies or assistants, to enforce the laws and this chapter in the counties, relating to the:(1) Prevention of fires;(2) Storage, sale and use of combustibles and explosives;(3) Installation …

The commissioner, or the commissioner's deputies or assistants, shall have such other powers and perform such other duties as set forth in this chapter.

The commissioner of commerce and insurance is authorized to appoint such deputy marshals as the commissioner deems necessary to enforce this chapter, and shall fix their salaries with the approval of the commissioner of human resources.

(a) The commissioner shall appoint a director of fire prevention and such stenographic and clerical help as is necessary to enforce this chapter. (b) These employees shall be clothed with all the powers of deputy marshals.

The commissioner shall fix the salaries of the director and the stenographic and clerical help with the approval of the commissioner of human resources.

Notwithstanding any other provision of law, rule or regulation to the contrary, any person who is certified by the state to conduct fire safety inspections and/or to enforce building codes within a local government jurisdiction may perform those activities, within the limits of s…

(a) The commissioner shall be aided in the performance of the commissioner's duties under this chapter by assistants designated in this section. Such assistants shall be subject to the duties and obligations imposed by this chapter, and shall be subject to the directions of the c…

(a) If there is no officer as provided for in § 68-102-108 in any city or place, or in case such officer declines to serve, the commissioner may appoint an assistant instead. (b) All subordinate officers working under the commissioner, including the commissioner's deputies and as…

The commissioner of commerce and insurance shall prepare instructions to the assistants designated in this chapter and forms for their use in the reports required by this chapter and cause them to be printed and sent, together with a copy of this chapter, to each such officer loc…

(a) The assistants to the commissioner, as provided in §§ 68-102-101 — 68-102-110, shall investigate the cause, origin, and circumstance of every fire occurring in any city or place in this state by which property has been destroyed or damaged, and so far as it is possible, deter…

The commissioner of commerce and insurance, as the state fire marshal, shall supervise and direct the activities of the fire prevention division through the director of the fire prevention division.

(a) The state fire marshal shall make regulations consistent with statutory provisions for safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, an…

Every fire insurance company transacting business in this state is required to report to the commissioner, through the secretary or other representative of the insurance company, all fire losses on all property insured by such companies within the state, showing the owner and occ…

(a) As used in this section, unless the context otherwise requires:(1) “Authorized agency” means the state fire marshal, or any person acting on the state fire marshal's behalf, or any prosecuting attorney responsible for prosecutions in the county where the fire occurred, or any…

The commissioner, or the commissioner's deputies or assistants, shall, subject to availability and efficient utilization of time, personnel and resources, inspect buildings or premises within their jurisdiction upon the written complaint of any citizen, or whenever the commission…

(a) (1) When any officer referenced in § 68-102-116 finds any building or other structure that for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire-extinguishing equipment, or by reason of age or dilapidated condition, or from any …

If an order pursuant to § 68-102-117 is made by a deputy or assistant to the commissioner, the owner or occupant may, within twenty-four (24) hours, appeal to the commissioner, who shall, within ten (10) days, review the order and file the commissioner's decision on the appeal, a…

Any owner or occupant who feels aggrieved by the order or affirmed order may, within five (5) days after the making or affirming of the order by the commissioner, file a petition for certiorari and supersedeas with the circuit court of the county in which the property is located,…

Parties that file a petition for certiorari and supersedeas in the circuit court to review an order shall file with the court a bond in an amount to be fixed by the court, in no case to be less than two hundred fifty dollars ($250), with at least two (2) sufficient sureties, to b…

If any party fails to comply with the order as modified on appeal by the court or the commissioner, and within the time fixed by either of them, then the officer is empowered to cause the building or premises to be repaired, torn down, demolished, materials removed and all danger…

If a party fails, neglects, or refuses to repay the officer the expense incurred by the officer within thirty (30) days after the occurrence, the officer may immediately place a lien upon the property for the expenses incurred pursuant to § 68-102-121, together with a twenty-five…

(a) As used in this section:(1) “Mobile food unit” means a food service establishment designed to be readily moveable;(2) “NFPA 10” means the National Fire Protection Association publication entitled “Standard for Portable Fire Extinguishers,” 2022 edition or a subsequent edition…

The officer is authorized to institute legal proceedings to enforce the lien in any court of record or any general sessions court.

(a) In order to make the lien against the property valid and binding, the officer, officer's assistant, or other person entitled to assert the lien shall immediately upon serving the order provided in § 68-102-117, upon any party or parties, including any lienholders of record, f…

(a) Any owner or occupant failing to comply with an order pursuant to § 68-102-117 within thirty (30) days after the order has been made final commits a Class C misdemeanor for each day's neglect thereafter. An action may be brought in any court having jurisdiction, including the…