reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 121 - ELEVATORS, DUMBWAITERS, ESCALATORS, AND AERIAL TRAMWAYS (§§ 68-121-101 — 68-121-125) › Section 68-121-115 - Penalties for violations of chapter or permit fee requirements

(a)
Any person, firm or corporation that violates any of this chapter or the rules and regulations adopted by the board, or who fails or neglects to pay the fees as required in this chapter, commits a Class C misdemeanor.
(b)
The fee for any inspection or operating permit under this chapter shall be increased fifty percent (50%), if such fee is not paid within sixty (60) days from the date of the invoice for such inspection or permit.
(c)
Notwithstanding subsection (a) to the contrary, any person who knowingly makes a false statement, representation, or certification in an application, record, report, or other document filed or required to be maintained under this chapter shall be guilty of a Class A misdemeanor.
Acts 1951, ch. 235, § 12 (Williams, § 5379.21); 1957, ch. 255, § 7; T.C.A., (orig. ed.), § 53-2615; Acts 1985, ch. 362, § 7; 1989, ch. 591, § 113; T.C.A., § 68-19-115; Acts 2008, ch. 723, § 7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 121 - ELEVATORS, DUMBWAITERS, ESCALATORS, AND AERIAL TRAMWAYS (§§ 68-121-101 — 68-121-125) › Section 68-121-116 - Amusement devices - Legislative findings

(a)
The legislature finds that:
(1)
An unsafe amusement device is likely to cause serious and preventable injuries to members of the public; and
(2)
For the welfare of the people of the state, these injuries must be prevented and the public must be protected from unsafe amusement devices.
(b)
The purpose of regulating amusement devices is to ensure, as far as reasonably possible, the safety of the public in the use of amusement devices in the state by providing for:
(1)
Adoption of safety regulations for the owner's duty of reasonable care;
(2)
An effective enforcement and compliance program;
(3)
Reporting procedures on the safety of amusement devices; and
(4)
Safety provisions governing riders' use of amusement devices.
Acts 2008, ch. 723, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 121 - ELEVATORS, DUMBWAITERS, ESCALATORS, AND AERIAL TRAMWAYS (§§ 68-121-101 — 68-121-125) › Section 68-121-117 - Violations - Penalties

(a)
(1)
It is an offense, punishable as provided in §
68-121-115
, for:
(A)
The owner of any amusement device to operate, or permit any person to operate, any amusement device, unless an annual permit has been issued by the department to the owner of the amusement device, which permit shall be valid in any and all counties in the state for one (1) year from the date the permit is issued.
(B)
Any person to operate an amusement device, if the person:
(i)
Has knowledge that the annual permit required, pursuant to subdivision (a)(1)(A), has not been issued to the owner;
(ii)
Has no authority to operate the amusement device; or
(iii)
Operates the amusement device beyond the authorization given to the person by the owner.
(2)
If the amusement device is not at a fixed location within this state, then the owner of the amusement device shall only be required to obtain one (1) such annual permit and the permit shall be displayed in a conspicuous location.
(b)
The department is authorized to charge a fee to be set by the department for the issuance of an annual permit, but the department shall not issue the permit until the owner furnishes to the department proof of insurance for, and proof of inspection of the amusement device or devices by any authorized insurer, or its designated representative. The proof of insurance shall be in an amount of not less than one million dollars ($1,000,000) per occurrence, insuring the owner or operator against liability for bodily injury and property damage arising from the use of the amusement device.
(c)
(1)
If the annual permit is issued for an individual amusement device, the permit shall be prominently displayed on the amusement device.
(2)
If the annual permit is issued for amusement devices to an enterprise that has multiple amusement devices owned or managed by one (1) owner, the permit shall be filed at the main office of the site where the amusement devices are located, and shall be available for inspection by any public official during the normal business hours of the office and by members of the public during the normal business operating hours of the amusement devices.
(d)
The policy or bond required by this section shall be a standardized form approved by the department and obtained from one (1) or more insurers or sureties approved by the department.
Acts 2008 , ch. 723, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 121 - ELEVATORS, DUMBWAITERS, ESCALATORS, AND AERIAL TRAMWAYS (§§ 68-121-101 — 68-121-125) › Section 68-121-118 - Responsibilities of owner or operator of amusement device - Report of fatalities, physical injuries or incidents - Inspections - Penalties

(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 incident resulting from the operation of an amusement device to the commissioner, in writing, within twenty-four (24) hours and contact a qualified inspector from the list maintained by the commissioner pursuant to §
68-121-119
to conduct an inspection.
(b)
The cessation shall remain in force until an inspection has been performed by a qualified inspector, the inspector has determined that the amusement device or related equipment is safe for public use, and the department has authorized the owner or operator to resume operation of the amusement device.
(c)
The qualified inspector shall initiate the inspection within twenty-four (24) hours of receipt of the report of a fatality, serious physical injury, or serious incident caused by the operation of an amusement device and shall perform the inspection in a manner that proceeds with all practicable speed and minimizes the disruption of the remainder of the amusement devices at the site where the amusement device is located, as well as unrelated commercial activities. The cost of an inspection shall be paid for by the owner of the amusement device. The amusement device may resume operation, upon authorization from the department, immediately following the reasonable determination by a qualified inspector that a principal cause of the serious physical injury was the victim's failure to comply with the posted safety rules or with verbal instructions. If an owner or operator of an amusement device fails to comply with any requirement listed in this section, that owner or operator shall incur a penalty of three hundred dollars ($300) each day, enforceable by the department, until full compliance is achieved. Any penalties deposited or collected shall be deposited into the general fund.
Amended by 2017 Tenn. Acts, ch. 393, s 4, eff. 5/18/2017.
Amended by 2016 Tenn. Acts, ch. 815, s 3, eff. 7/1/2016.
Acts 2008 , ch. 723, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 121 - ELEVATORS, DUMBWAITERS, ESCALATORS, AND AERIAL TRAMWAYS (§§ 68-121-101 — 68-121-125) › Section 68-121-119 - Qualified inspectors

(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 devices pursuant to this chapter. However, if the commissioner does not employ or contract with qualified inspectors, then owners and operators shall provide the commissioner with all resulting inspection reports.
Amended by 2017 Tenn. Acts, ch. 393, s 5, eff. 5/18/2017.
Acts 2008 , ch. 723, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 121 - ELEVATORS, DUMBWAITERS, ESCALATORS, AND AERIAL TRAMWAYS (§§ 68-121-101 — 68-121-125) › Section 68-121-120 - Operation of amusement device - Inspections - Permit

(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 the department's website pursuant to §
68-121-119
, and has obtained written documentation from the qualified inspector that the inspection has been made and the amusement device meets American Society of Testing Materials (ASTM) standards or the Association for Challenge Course Technology (ACCT) industry standards. The owner of the amusement device is solely responsible for the cost of an inspection conducted pursuant to this subsection (a).
(b)
The inspection required pursuant to subsection (a) must be conducted, at a minimum, to meet the manufacturer's or engineer's specifications and to follow the applicable ASTM standards or ACCT industry standards.
(c)
The commissioner may conduct a spot inspection of any amusement device without notice at any time while the amusement device is operating or will be operating in this state. The commissioner's designee may order temporary suspension of an operating permit if it has been determined after a spot inspection that an amusement device or devices are hazardous or unsafe. Operation of the amusement device shall not resume until the hazardous or unsafe condition has been corrected and subjected to reinspection by the commissioner for an inspection fee established by rule.
(d)
An operator of an amusement device must be competent and at least sixteen (16) years of age. An operator shall operate no more than one (1) amusement device at any one (1) time and shall be in attendance at all times the device is in operation.
Amended by 2017 Tenn. Acts, ch. 393, s 6, eff. 5/18/2017.
Acts 2008 , ch. 723, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 121 - ELEVATORS, DUMBWAITERS, ESCALATORS, AND AERIAL TRAMWAYS (§§ 68-121-101 — 68-121-125) › Section 68-121-121 - Maintenance, inspection, and accidents records for amusement device - Proof of inspection

(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 under inspection for failure or malfunction available to the commissioner or the board upon request. The documents may be kept electronically or digitally.
(b)
An owner or operator of an amusement device, as applicable, shall prominently display or have available on location the amusement device's proof of inspection, which shall include the date of the last inspection of the amusement device.
Amended by 2017 Tenn. Acts, ch. 393,s 7, eff. 5/18/2017.
Acts 2008, ch. 723, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 121 - ELEVATORS, DUMBWAITERS, ESCALATORS, AND AERIAL TRAMWAYS (§§ 68-121-101 — 68-121-125) › Section 68-121-122 - Itinerary of traveling or portable amusement devices - Filing and content

(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 include the following:
(1)
The name of the amusement device owner;
(2)
The carnival, fair, or activity sponsor;
(3)
The address and telephone number of the site;
(4)
The dates open to the public; and
(5)
The name of the contact person on site.
Amended by 2016 Tenn. Acts, ch. 815,s 4, eff. 7/1/2016.
Acts 2008, ch. 723, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 121 - ELEVATORS, DUMBWAITERS, ESCALATORS, AND AERIAL TRAMWAYS (§§ 68-121-101 — 68-121-125) › Section 68-121-123 - Operation of amusement device during pendency of cessation - Remedies

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, in an action brought in the name of the state, for a writ of injunction to restrain the use of the alleged defective amusement device.
Acts 2008 , ch. 723, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 121 - ELEVATORS, DUMBWAITERS, ESCALATORS, AND AERIAL TRAMWAYS (§§ 68-121-101 — 68-121-125) › Section 68-121-124 - Liability for accidents

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.
Acts 2008, ch. 723, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-103 - New installations must conform to regulations

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 pertaining to new construction and installation shall have become effective, unless the boiler is of special design or construction, and is not covered by the rules and regulations, nor is in any way inconsistent with such rules and regulations, in which case a special installation and operating permit may, at its discretion, be granted by the board.
Acts 1949, ch. 246, § 3; C. Supp. 1950, § 5347.2 (Williams, § 5371.6); Acts 1955, ch. 48, § 2; T.C.A. (orig. ed.), § 53-2703; T.C.A., § 68-20-103.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-104 - Existing boilers required to conform - Applicability

(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 governing existing installations, and the formulae prescribed therein shall be used in determining the maximum allowable working pressure for such boilers.
(b)
This part shall not be construed as in any way preventing the use or sale of boilers as referred to in subsection (a); provided, that they have been made to conform to the rules and regulations of the board governing existing installations; and provided further, that they have not been found upon inspection to be in an unsafe condition.
(c)
(1)
This part shall apply to historic power boilers. "Historic power boilers" means any steam traction engine, portable, or stationary, standard or nonstandard power boiler, including free-lance and scale models, owned by publicly operated museums, nonprofit organizations and individuals who preserve, maintain, exhibit and only occasionally operate these boilers on a not-for-profit basis and for the primary purpose of perpetuating the agricultural and pioneer heritage of Tennessee.
(2)
Such boilers shall conform to the rules and regulations adopted by the board of boiler rules.
Acts 1949, ch. 246, § 4; C. Supp. 1950, § 5347.3 (Williams, § 5371.7); T.C.A. (orig. ed.), § 53-2704; T.C.A., § 68-20-104; Acts 1994, ch. 584, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-106 - Chief inspector - Appointment - Qualifications - Removal - Duties and powers

(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 unfired pressure vessels, as a mechanical engineer, steam engineer, boilermaker, or boiler inspector, to be chief inspector until the chief inspector's successor shall have been appointed and qualified. The chief inspector may be removed for cause following an investigation by the commissioner or the commissioner's designee.
(b)
The chief inspector, if authorized by the commissioner, is charged, directed and empowered to:
(1)
Cause the prosecution of all violators of this part;
(2)
Issue, or suspend, or revoke for cause, inspection certificates as provided for in §
68-122-111
;
(3)
Draw upon the state treasurer for funds necessary to meet the expenses authorized by this part, which shall include the necessary traveling expenses of the chief inspector and the chief inspector's deputies and the expenses incident to the maintenance of the chief inspector's office;
(4)
Take action necessary for the enforcement of the laws of the state governing the use of boilers and of the rules and regulations of the board;
(5)
Keep a complete record of the type, dimensions, maximum allowable working pressure, age, condition, location and date of the last recorded internal inspection of all boilers to which this part applies; and
(6)
Publish and distribute, among manufacturers and others requesting them, copies of the rules and regulations adopted by the board.
Amended by 2016 Tenn. Acts, ch. 815, s 5, eff. 7/1/2016.
Acts 1949, ch. 246, § 6; C. Supp. 1950, § 5347.5 (Williams, § 5371.9); T.C.A. (orig. ed.), § 53-2706; Acts 1985, ch. 362, §§ 9, 10; 1989, ch. 11, § 7; T.C.A., § 68-20-106.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-107 - Deputy inspectors - Employment - Qualifications

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 unfired pressure vessels as a mechanical engineer, steam engineer, boilermaker or boiler inspector, and who has passed the examination provided for in §
68-122-109
.
Acts 1949, ch. 246, § 7; C. Supp. 1950, § 5347.6 (Williams, § 5371.10); T.C.A. (orig. ed.), § 53-2707; T.C.A., § 68-20-107.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-109 - Examinations for chief, deputy and special inspectors - Suspension or revocation of commission - Replacement when lost

(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-week course; an on-demand provider approved by the National Board of Boiler and Pressure Vessel Inspectors; or other testing methods approved by the National Board of Boiler and Pressure Vessel Inspectors. The examinations must meet the requirements of the latest edition of the Rules for Commissioned Inspectors as approved by the National Board of Boiler and Pressure Vessel Inspectors. If an applicant fails to pass an examination, the applicant must follow the re-examination requirements of the latest edition of the Rules for Commissioned Inspectors. The record of an applicant's examination must be accessible to the applicant and the applicant's employer.
(b)
A commission may be suspended or revoked after due investigation and recommendation by the board to the commissioner for the incompetence or untrustworthiness of the holder of the commission, or for willful falsification of any matter or statement contained in the applicant's application or in a report of any inspection. A person whose commission has been suspended or revoked, except for untrustworthiness, shall be entitled to apply to the board for reinstatement or, in the case of revocation, for a new examination and commission after ninety (90) days from such revocation. A person whose commission has been suspended or revoked shall be entitled to an appeal as provided in §
68-122-115
and to be present in person and/or represented by counsel on the hearing of the appeal.
(c)
If a certificate or commission is lost or destroyed, a new certificate or commission shall be issued in its place without another examination.
Amended by 2018 Tenn. Acts, ch. 587, s 1, eff. 3/22/2018.
Acts 1949, ch. 246, § 9; C. Supp. 1950, § 5347.8 (Williams, § 5371.12); T.C.A. (orig. ed.), § 53-2709; Acts 1989, ch. 11, § 7; T.C.A., § 68-20-109.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-111 - Inspection certificates - Maximum certificate fees - Insured boilers - Suspension

(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, or such duly authorized representative, shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler may be operated. In no event shall such fee exceed a maximum amount of fifty dollars ($50.00) for high-pressure boilers or eighty dollars ($80.00) for low-pressure boilers and unfired pressure vessels. Such inspection certificate shall be valid for not more than twenty-four (24) months, for power boilers, and for not more than twenty-six (26) months, for low pressure heating boilers and unfired pressure vessels, from its date. Certificates shall be posted under glass in the room containing the boiler inspected, or, in the case of a portable boiler, in a metal container to be fastened to the boiler or to be kept in a tool box accompanying the boiler.
(b)
No inspection certificate issued for an insured boiler inspected by a special inspector shall be valid after the boiler for which it was issued shall cease to be insured by a company duly authorized by this state to carry such insurance.
(c)
The chief inspector or the chief inspector's authorized representative may at any time suspend an inspection certificate when, in the chief inspector's or representative's opinion, the boiler for which it was issued cannot be operated without menace to the public safety, or when the boiler is found not to comply with the rules and regulations provided for in this part. A special inspector shall have corresponding powers with respect to inspection certificates for boilers insured by the company employing the special inspector. Such suspension of an inspection certificate shall continue in effect until such boiler shall have been made to conform to the rules and regulations of the board, and until the inspection certificate shall have been reinstated.
Amended by 2014 Tenn. Acts, ch. 929,s 2, eff. 7/1/2014.
Acts 1949, ch. 246, § 11; C. Supp. 1950, § 5347.10 (Williams, § 5371.14); Acts 1955, ch. 48, § 5; 1972, ch. 546, § 1; 1976, ch. 404, § 1; T.C.A. (orig. ed.), § 53-2711; Acts 1983, ch. 316, § 1; 1985, ch. 354, § 24; T.C.A., § 68-20-111; Acts 2000, ch. 707, § 2.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-112 - Operation without certificate or at excessive pressure - Penalty

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 certificate, constitutes a Class C misdemeanor on the part of the owner, user, or operator of the boiler. Each day of such unlawful operation is a separate offense.
Acts 1949, ch. 246, § 12; C. Supp. 1950, § 5347.11 (Williams, § 5371.15); T.C.A. (orig. ed.), § 53-2712; Acts 1989, ch. 591, § 113; T.C.A., § 68-20-112.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-113 - Inspection fees

(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 amount adopted by the board pursuant to §
68-122-102
. In no event shall the fee for any unfired pressure vessel not greater than a cross sectional area of fifty square feet (50 sq. ft.) exceed thirty dollars ($30.00). On unfired pressure vessels that exceed fifty square feet (50 sq. ft.) in cross section area, not more than one hundred dollars ($100) shall be charged per day for the actual inspection time of each inspector on any one (1) vessel.
(b)
A group of unfired pressure vessels, such as the rolls of a paper machine or dryer operating as a single machine or unit, shall be considered as one (1) unfired pressure vessel.
(c)
The fee for biennial or required inspections of high-pressure boilers shall be based on the maximum heating surface of the vessel. The fee for internal and/or external inspections of each high-pressure boiler subject to inspection shall be in an amount adopted by the board pursuant to §
68-122-102
. In no event shall the fee charged for inspection of a high-pressure boiler exceed sixty dollars ($60.00).
(d)
The fee for biennial or required internal and/or external inspections of each low-pressure boiler subject to inspection shall be in an amount adopted by the board pursuant to §
68-122-102
. In no event shall the fee for any low-pressure boiler exceed thirty dollars ($30.00).
(e)
Shop inspections, special inspections, inspections of secondhand or used boilers, i.e., boilers that have changed ownership and location after primary use, and quality control system reviews conducted by the chief or deputy inspectors shall be charged at a rate to be determined by the board, plus all expenses, including travel and hotel. In no event shall such inspections or reviews be charged at a rate to exceed seven hundred dollars ($700) for one (1) full day of eight (8) hours.
Acts 1949, ch. 246, § 13; C. Supp. 1950, § 5347.12 (Williams, § 5371.16); Acts 1955, ch. 48, § 6; 1957, ch. 254, § 1; 1972, ch. 546, §§ 2, 3; 1975, ch. 243, § 1; 1976, ch. 404, § 2; 1982, ch. 561, § 1; T.C.A. (orig. ed.), § 53-2713; Acts 1985, ch. 362, § 13; T.C.A., § 68-20-113; Acts 2000, ch. 707, § 3.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-114 - Bond furnished by chief and deputy inspectors

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 upon a true account of moneys handled by them respectively and the payment of moneys to the proper recipient. The cost of these bonds shall be paid by the state treasurer.
Acts 1949, ch. 246, § 14; C. Supp. 1950, § 5347.13 (Williams, § 5371.17); T.C.A. (orig. ed.), §§ 53-2714, 68-20-114.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-115 - Appeals from orders or acts of inspectors

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 Act, compiled in title 4, chapter 5.
Acts 1949, ch. 246, § 15; C. Supp. 1950, § 5347.14 (Williams, § 5371.18); T.C.A. (orig. ed.), § 53-2715; Acts 1985, ch. 362, § 15; T.C.A., § 68-20-115.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 1 - GENERAL PROVISIONS (§§ 68-122-101 — 68-122-116) › Section 68-122-116 - Receipt for fees - Fee increase as penalty - Fee exemptions

(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 fifty percent (50%) if such fee is not paid within sixty (60) days from the date of the invoice for such inspection or certificate.
(c)
The inspection and inspection certificate fees prescribed in this part shall not apply to boilers located in municipalities having valid laws, ordinances or regulations that comply with the standards defined in §
68-122-105(c)
.
Acts 1985, ch. 362, § 16; 1989, ch. 11, § 8; T.C.A., § 68-20-116.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 2 - BOILER ERECTORS AND REPAIRERS ACT (§§ 68-122-201 — 68-122-209) › Section 68-122-201 - Short title

This part shall be known and may be cited as the "Boiler Erectors and Repairers Act."
Acts 1961, ch. 265, § 1; T.C.A., §§ 53-2716, 68-20-201.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 2 - BOILER ERECTORS AND REPAIRERS ACT (§§ 68-122-201 — 68-122-209) › Section 68-122-202 - License required

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 in the department of labor and workforce development by §
68-122-101
.
Acts 1961, ch. 265, § 2; T.C.A., § 53-2717; Acts 1985, ch. 362, § 17; 1989, ch. 11, § 8; T.C.A., § 68-20-202; Acts 1999, ch. 520, § 46.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 2 - BOILER ERECTORS AND REPAIRERS ACT (§§ 68-122-201 — 68-122-209) › Section 68-122-203 - "Erect" defined

"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 place of manufacture and delivered to the place of installation. It does not include sectional boilers constructed of cast iron.
Acts 1961, ch. 265, § 3; T.C.A., §§ 53-2718, 68-20-203.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 2 - BOILER ERECTORS AND REPAIRERS ACT (§§ 68-122-201 — 68-122-209) › Section 68-122-204 - Application for license - Examination - Approval - Issuance

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 meet and continue to comply with the minimum qualifications as set up by the board of boiler rules and the recommended rules for repairs promulgated by the National Board of Boiler and Pressure Vessel Inspectors. Thereafter, at the earliest meeting of the board of boiler rules, the application shall be submitted to the board for its approval along with the recommendation of the chief inspector, and upon the finding of the board of boiler rules that the applicant has satisfied the requirements of this part, the chief inspector shall be authorized to issue a license to the applicant.
Acts 1961, ch. 265, § 4; T.C.A., §§ 53-2719, 68-20-204.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 2 - BOILER ERECTORS AND REPAIRERS ACT (§§ 68-122-201 — 68-122-209) › Section 68-122-205 - License fee - Renewal - Fee maximums - Disposition of fees collected - Duty of enforcement

(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 annual renewal. The license shall be renewed by the time of its expiration by paying in advance the annual renewal fee.
(b)
The license shall be valid for a period of one (1) year from the date of issuance unless sooner revoked for cause by the commissioner of labor and workforce development.
(c)
All fees provided for in this part shall be paid to the department of labor and workforce development and shall be expendable fees to be used by the department of labor and workforce development in enforcing this part, and the enforcement of this part shall be the duty of the chief inspector of the department.
Acts 1961, ch. 265, § 5; T.C.A., § 53-2720; Acts 1985, ch. 362, § 18; 1989, ch. 11, § 7; T.C.A., § 68-20-205; Acts 1999, ch. 520, § 46; 2000, ch. 707, § 4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 2 - BOILER ERECTORS AND REPAIRERS ACT (§§ 68-122-201 — 68-122-209) › Section 68-122-206 - Exclusions

(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 the lawful erection and repair of their own boiler equipment.
(b)
This part shall not apply to those persons, corporations, partnerships or firms engaged in the work of repairing or erecting those types of steam boilers specifically excluded by §
68-122-105
.
Acts 1961, ch. 265, §§ 6, 7; T.C.A., §§ 53-2721, 68-20-206.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 2 - BOILER ERECTORS AND REPAIRERS ACT (§§ 68-122-201 — 68-122-209) › Section 68-122-207 - Local laws not affected

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 or board of such municipalities from the exclusive right to regulate or enforce all such local laws or regulations now in force, and no provision of this part shall be construed as permitting the repair or erection of boilers without first complying with the requirements of the local laws and ordinances provided for such repair or erection of boilers.
Acts 1961, ch. 265, § 7; T.C.A., §§ 53-2722, 68-20-207.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 2 - BOILER ERECTORS AND REPAIRERS ACT (§§ 68-122-201 — 68-122-209) › Section 68-122-208 - Penalty for violation

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 Class C misdemeanor. Each day of such violation constitutes a separate offense. This does not apply to any person repairing such equipment whenever a licensed repair worker cannot be readily obtained, and an emergency exists.
Acts 1961, ch. 265, § 8; T.C.A., § 53-2723; Acts 1989, ch. 591, § 113; T.C.A., § 68-20-208.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 122 - BOILER INSPECTION, ERECTORS AND REPAIRERS (§§ 68-122-101 — 68-122-209) › Part 2 - BOILER ERECTORS AND REPAIRERS ACT (§§ 68-122-201 — 68-122-209) › Section 68-122-209 - Construction of part

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.
Acts 1961, ch. 265, § 9; T.C.A., §§ 53-2724, 68-20-209.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 1 - GENERAL PROVISIONS (§§ 68-126-101 — 68-126-102) › Section 68-126-101 - Provisions of chapter supplemental

This chapter shall be considered supplemental to §
68-102-147
.
Acts 1972, ch. 718, § 13; T.C.A., §§ 53-4814, 68-36-101.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 1 - GENERAL PROVISIONS (§§ 68-126-101 — 68-126-102) › Section 68-126-102 - Cooperation with federal government

(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 fire prevention shall submit to the secretary of the department of housing and urban development a plan for enforcement of such standards. The division of fire prevention, under the supervision and direction of the commissioner of commerce and insurance, shall be responsible for administering the plan throughout the state. The commissioner shall submit to the secretary, as part of the plan, a schedule of inspection fees in an amount to cover the cost of inspection. These fees are to be paid by each manufactured home manufacturer located in the state.
(b)
For the purpose of implementing such plan, the commissioner is granted all powers with respect to enforcement of the National Manufactured Home Construction and Safety Standards Act, amendments to the act, and regulations promulgated under the act that this state is now or hereafter permitted or required to possess. The commissioner may enter into whatever agreements with the department of housing and urban development, or agency, instrumentality, or representative of the department, the commissioner deems necessary and appropriate for carrying out the commissioner's responsibilities under this section.
Acts 1976, ch. 504, § 1; 1981, ch. 301, §§ 1, 2; T.C.A., § 53-4817; Acts 1987, ch. 120, §§ 1, 2; T.C.A., § 68-36-102.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 2 - UNIFORM STANDARDS CODE FOR MANUFACTURED HOMES ACT (§§ 68-126-201 — 68-126-215) › Section 68-126-201 - Short title

This part shall be known and may be cited as the "Uniform Standards Code for Manufactured Homes Act."
Acts 1979, ch. 310, § 1; T.C.A., §§ 53-4821, 68-36-201; Acts 2005, ch. 379, § 1.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 2 - UNIFORM STANDARDS CODE FOR MANUFACTURED HOMES ACT (§§ 68-126-201 — 68-126-215) › Section 68-126-203 - Policy and purpose

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 defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this state to provide protection to the public against those possible hazards, and for that purpose to forbid the manufacture and sale or lease of manufactured homes that are not so constructed as to provide reasonable safety and protection to their owners and users.
Acts 1979, ch. 310, § 3; T.C.A., § 53-4823; Acts 1987, ch. 120, § 3; T.C.A., § 68-36-203; Acts 2005, ch. 379, § 5.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 2 - UNIFORM STANDARDS CODE FOR MANUFACTURED HOMES ACT (§§ 68-126-201 — 68-126-215) › Section 68-126-204 - Investigation of materials and construction - Inspections - Standards - Rules and regulations

(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 systems and appliances, fire prevention and protective techniques, and measures to promote safety of persons and property and protect the health of users of such manufactured homes.
(b)
The commissioner is authorized and directed to establish minimum safety standards for used manufactured homes offered for sale by dealers to consumers located within this state.
(c)
The commissioner, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, may promulgate rules embodying construction and safety standards for manufactured homes. In the formulation of such standards, the commissioner shall strive to protect the public to a reasonable degree from hazards associated with such products, without unduly increasing their cost to consumers. Toward this end, the commissioner may, but is not required to, adopt the standards recommended by any recognized organization or testing laboratory, including the American National Standards Institute.
(d)
In order that there be no duplication of inspections, all electrical and heating systems and appliances shall continue to be inspected pursuant to chapter 102 of this title; and inspection and payment of all fees required by chapter 102 of this title shall be deemed compliance with this chapter insofar as electrical and heating systems and appliances are concerned.
(e)
The commissioner, in accordance with the Uniform Administrative Procedures Act, may also issue and promulgate all rules and procedures that in the commissioner's judgment, are necessary and desirable to make effective the standards so established.
Acts 1979, ch. 310, § 4; 1981, ch. 301, § 6; T.C.A., § 53-4824; Acts 1987, ch. 120, § 3; T.C.A., § 68-36-204; Acts 2005, ch. 379, § 6.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 2 - UNIFORM STANDARDS CODE FOR MANUFACTURED HOMES ACT (§§ 68-126-201 — 68-126-215) › Section 68-126-205 - Manufacture, sale or lease in violation of rules prohibited - "Set-up" required

(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 homes. Compliance with such rules shall be evidenced in the manner required in this part.
(b)
Any retailer who sells a manufactured home to a consumer in this state shall either:
(1)
Provide set-up as provided in §
68-126-403
; or
(2)
Cause the home to be set up, as provided in §
68-126-403
, by a licensed manufactured home installer approved and bonded in accordance with §
68-126-404
.
Amended by 2015 Tenn. Acts, ch. 483, s 3, eff. 1/1/2016.
Acts 1979, ch. 310, § 5; 1981, ch. 301, § 7; 1982, ch. 732, § 4; T.C.A., § 53-4825; Acts 1987, ch. 120, § 3; T.C.A., § 68-36-205; Acts 2001, ch. 34, §§ 1, 2; 2002, ch. 793, §§ 1, 5; 2003 , ch. 80, § 2; 2005, ch. 379, § 7.