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 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 2 - HAZARDOUS MATERIALS GOOD SAMARITAN LAW (§§ 68-131-201 — 68-131-203) › Section 68-131-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Compensation" shall not be construed to include the reimbursement of the actual expenses, exclusive of salaries, of any person rendering emergency care, assistance or advice;
(2)
"Hazardous materials" includes:
(A)
Materials designated as hazardous by any governmental agency; or
(B)
Materials where the fire or explosion of or spillage, seepage or other discharge or release or possibility thereof creates a hazard to person, property or the environment; and
(3)
"Person" includes any individual, partnership, corporation, association or other entity.
Acts 1982, ch. 793, § 1; T.C.A., §§ 53-3751, 68-27-201.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 2 - HAZARDOUS MATERIALS GOOD SAMARITAN LAW (§§ 68-131-201 — 68-131-203) › Section 68-131-202 - General provisions

(a)
Any person, including medical personnel, who in good faith and without compensation renders emergency care, assistance or advice, or who provides care, assistance or advice upon the request of any police or fire department, rescue or emergency squad, or any governmental agency at the scene of an accident or an existing or impending disaster involving the use, handling, transportation, transmission or storage of hazardous materials shall not be liable for damages as a result of conduct in rendering such care, assistance or advice, unless the damage was caused by the gross negligence of the actor. Gross negligence also includes rendering care, assistance or advice with respect to matters in which the person rendering such care, assistance or advice does not possess the technical knowledge or skills concerning such matters.
(b)
This part shall not apply to police, fire or other public officials or emergency service personnel who render emergency care, assistance or advice while on duty. This part shall not be construed to impose a level of liability upon police, fire, or other public officials or emergency service personnel greater than or in addition to the level of liability that may otherwise be provided by law.
Acts 1982, ch. 793, § 2; T.C.A., §§ 53-3752, 68-27-202.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 2 - HAZARDOUS MATERIALS GOOD SAMARITAN LAW (§§ 68-131-201 — 68-131-203) › Section 68-131-203 - Limitation of immunity

(a)
The immunity from civil liability provided for by this part shall extend only to the actions taken by persons in rendering care, assistance or advice under §
68-131-202
. This part does not confer any immunity from liability to any person for actions taken prior to or after the rendering of care, assistance or advice, and shall not affect any potential liability that any person may have arising from the manufacture, generation, transportation, storage or handling of any hazardous material.
(b)
Any person who is in the business, for a compensation, of rendering care, assistance or advice in accidents or existing or impending disasters involving hazardous materials shall not be included under this part.
(c)
This part shall not affect actions or remedies by or for any governmental agency pursuant to statutory authority.
Acts 1982, ch. 793, § 3; T.C.A., §§ 53-3753, 68-27-203.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 3 - TOXIC ART SUPPLIES LABELING ACT OF TENNESSEE (§§ 68-131-301 — 68-131-306) › Section 68-131-301 - Short title

This part shall be known and may be cited as the "Toxic Art Supplies Labeling Act of Tennessee."
Acts 1985, ch. 347, § 1; T.C.A., § 68-27-301.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 3 - TOXIC ART SUPPLIES LABELING ACT OF TENNESSEE (§§ 68-131-301 — 68-131-306) › Section 68-131-302 - Legislative intent and purpose

(a)
It is the intent and purpose of this part to protect persons from exposure to art or craft materials containing toxic chemicals. This health risk threatens not only professional artists and craft persons, but art teachers, students at every educational level, hobbyists, and children. Toxic substances may be employed during the course and scope of creating art or craft objects of all varieties.
(b)
The general assembly finds and declares that present labeling of ingredients and hazards of art or craft material is insufficient to adequately protect the consumers of this state from possible adverse health effects. Because many persons do not know the toxic chemical substances with which they work, proper precautionary actions cannot be taken. Disclosure of toxic ingredients, their potential adverse effects on health, and instructions on safe handling will substantially minimize unnecessary exposure to excessive risk.
(c)
The general assembly further finds that it is consistent with the protection of the public interest to impose upon those who manufacture, repackage, distribute and sell art or craft materials a duty to convey to consumers information about the potential health hazards of the products they manufacture.
Acts 1985, ch. 347, § 2; T.C.A., § 68-27-302.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 3 - TOXIC ART SUPPLIES LABELING ACT OF TENNESSEE (§§ 68-131-301 — 68-131-306) › Section 68-131-303 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Art supplies" includes:
(A)
Any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or retailer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. These media may include, but shall not be limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs, leather, and textile goods;
(B)
The term "art supplies" does not apply to economic poisons subject to the federal Insecticide, Fungicide, and Rodenticide Act (
7 U.S.C. §§ 135-135R
) or the Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in title 43, chapter 8, or to foods, drugs, and cosmetics subject to the Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1;
(2)
"Commerce" means any and all commerce within the state of Tennessee and subject to the jurisdiction of the state of Tennessee, and includes the operation of any business or service establishment;
(3)
"Commissioner" means the commissioner of agriculture or the commissioner's legally authorized representative or agent;
(4)
"Department" means the department of agriculture;
(5)
"Human carcinogen" means any substance listed as a human carcinogen by the International Agency for Research on Cancer;
(6)
"Label" means a display of written, printed, or graphic matter upon the immediate container of any substance, or in the case of an article that is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed to the article, and a requirement made by or under authority of this part that any word, statement or other information appearing on the label shall not be considered to be complied with, unless such word, statement or other information also appears:
(A)
On the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper; and
(B)
On all accompanying literature where there are directions for use, written and otherwise; and
(7)
"Toxic" includes any substance that, when ingested, inhaled or absorbed through the skin, has the capacity to produce personal injury or illness.
Acts 1985, ch. 347, § 3; T.C.A., § 68-27-303.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 3 - TOXIC ART SUPPLIES LABELING ACT OF TENNESSEE (§§ 68-131-301 — 68-131-306) › Section 68-131-305 - Exemptions - Banning and removal of toxic substances - Compliance with act

(a)
If the commissioner finds that, because of the size of the package involved, or because of the minor hazard presented by the substance contained in the package, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this part is impracticable or is not necessary for the adequate protection of the public health and safety, the commissioner shall promulgate regulations exempting such substances from these requirements to the extent the commissioner determines to be consistent with adequate protection of the public health and safety.
(b)
If the commissioner finds the hazard of an article subject to this part is such that labeling adequate to protect the public health and safety cannot be devised, the commissioner may declare such article to be a banned toxic substance and require its removal from commerce.
(c)
If an art or craft material complies with labeling standards D-4236 of the American Society for Testing and Materials (ASTM), the material complies with this part, unless the department determines that the label on an art or craft material does not satisfy the purposes of this part.
Acts 1985, ch. 347, § 5; T.C.A., § 68-27-305.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 3 - TOXIC ART SUPPLIES LABELING ACT OF TENNESSEE (§§ 68-131-301 — 68-131-306) › Section 68-131-306 - Penalties

Any person violating this part commits a Class C misdemeanor.
Acts 1985, ch. 347, § 6; 1989, ch. 591, § 113; T.C.A., § 68-27-306.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 4 - TENNESSEE LEAD-BASED PAINT ABATEMENT CERTIFICATION ACT OF 1997 (§§ 68-131-401 — 68-131-406) › Section 68-131-401 - Short title

This part shall be known and may be cited as the "Tennessee Lead-Based Paint Abatement Certification Act of 1997."
Acts 1997, ch. 216, § 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 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 4 - TENNESSEE LEAD-BASED PAINT ABATEMENT CERTIFICATION ACT OF 1997 (§§ 68-131-401 — 68-131-406) › Section 68-131-402 - Certification program for lead abatement professionals

(a)
The department of environment and conservation shall establish a certification program for lead abatement professionals.
(b)
The program shall:
(1)
Certify all individuals involved in lead-based paint abatement activities;
(2)
Accredit training providers;
(3)
Establish standards for such program;
(4)
Insure compliance with regulations;
(5)
Enforce the certification program;
(6)
Revise regulations and procedures when necessary; and
(7)
Establish reciprocity provisions with other state certification programs.
(c)
The program shall conform to certification standards promulgated by the environmental protection agency for such programs, but shall not be more stringent than those standards. Furthermore, it is the intent of the general assembly that in this program the department shall only establish a certification program, and not provide the training for either the trainers or the lead-based paint professionals.
(d)
The commissioner shall establish a program for the education of owners and occupants of target housing and child-occupied facilities concerning lead-based paint hazards. This program shall require persons who perform renovation in such facilities for compensation to provide owners and occupants with a lead hazard information pamphlet prior to commencing the renovation. The program shall meet the requirements of the federal program under the Lead Based Paint Exposure Reduction Act (
15 U.S.C. § 2681
et seq.).
Acts 1997 , ch. 216, § 2; 2001, ch. 127, § 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 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 4 - TENNESSEE LEAD-BASED PAINT ABATEMENT CERTIFICATION ACT OF 1997 (§§ 68-131-401 — 68-131-406) › Section 68-131-403 - Inspections - Where lead - based paint activities have occurred or are being conducted - Warrants

(a)
The commissioner and the commissioner's designated staff have the authority to enter the business premises of persons and firms certified to engage in lead-based paint activities during business hours upon presenting credentials identifying themselves as employees of the department.
(b)
The commissioner and the commissioner's designated staff shall have the authority to enter any structure, including residences, where lead-based paint activities have occurred, or are being conducted, for the purpose of determining compliance with lead-based paint abatement requirements, provided they either:
(1)
Obtain the consent of the owner or an adult occupant of the premises after presenting credentials identifying themselves as employees of the department; or
(2)
Apply for and obtain a warrant from a court with jurisdiction, which shall be issued by the court upon a showing of probable cause that the inhabitants of the dwelling are likely to suffer adverse health effects from continued exposure to a lead-based paint hazard.
Acts 1999, ch. 385, § 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 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 4 - TENNESSEE LEAD-BASED PAINT ABATEMENT CERTIFICATION ACT OF 1997 (§§ 68-131-401 — 68-131-406) › Section 68-131-404 - Unlawful acts

(a)
(1)
On and after the effective date of regulations promulgated by the commissioner pursuant to this chapter, no person shall perform or represent that such person is qualified to perform any lead-based paint activities without having received the appropriate certification from the department, unless such person is:
(A)
An owner performing abatement upon that person's own residential property;
(B)
An employee of a property management company doing routine cleaning and repainting upon property managed by that company, where there is insignificant damage to, wear of, or corrosion of existing lead-containing paint or coating substances; or
(C)
An owner routinely cleaning or repainting the owner's property, where there is insignificant damage to, wear of, or corrosion of existing lead-containing paint or coating substances.
(2)
"Lead based paint activities," as used in this part has the same meaning as in the rules promulgated by the United States environmental protection agency for the federal lead-based paint program under the Toxic Substances Control Act (
15 U.S.C. § 2601
et seq.). This includes lead-based paint inspection, risk assessment, and abatement activities, but does not include renovation, remodeling, landscaping, or other activities, when such activities are not designed to permanently eliminate lead-based paint hazards, but instead are designed to repair, restore or remodel a structure, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.
(b)
Failure of a lead-based paint abatement contractor to conduct lead-based paint activities in accordance with the requirements of the rules promulgated pursuant to this chapter is unlawful.
(c)
Failure or refusal to establish, maintain, provide, copy, or permit access to records or reports required by the rules promulgated under this chapter is unlawful.
(d)
Failure or refusal to permit entry or inspection as required by §
68-131-403
is unlawful.
(e)
Failure of anyone, including a renovator of target housing, to comply with the requirements of the rules promulgated under this part is unlawful.
Acts 1999, ch. 385, § 3; 2001, ch. 127, § 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 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 4 - TENNESSEE LEAD-BASED PAINT ABATEMENT CERTIFICATION ACT OF 1997 (§§ 68-131-401 — 68-131-406) › Section 68-131-405 - Penalties

(a)
(1)
Any person who violates any provision of §
68-131-404
or the rules promulgated pursuant to this part is subject to a civil penalty of up to ten thousand dollars ($10,000) per day for each day during which the act or omission continues or occurs.
(2)
A civil penalty may be assessed and enforced in the following manner:
(A)
The commissioner may issue a civil penalty assessment against any person responsible for the violation;
(B)
Any person against whom an assessment has been issued may secure a review of such assessment by filing with the commissioner a written petition setting forth the grounds and reasons for the objections, and asking for a hearing in the matter involved. If a petition for review of the assessment is not filed within thirty (30) days after the date the assessment is served, the violator shall be deemed to have consented to the assessment and it shall become final;
(C)
Whenever any assessment has become final because of a person's failure to appeal the commissioner's assessment, the commissioner may apply to the appropriate court for a judgment and seek execution of such judgment. The court, in such proceedings, shall treat a failure to appeal such assessment as a confession of judgment in the amount of the assessment;
(D)
In lieu of the administrative assessment procedure pursuant to this subdivision (a)(2), the commissioner may also institute proceedings for assessment of a civil penalty in the chancery court of Davidson County or in the chancery court of the county in which all or part of the violation occurred;
(E)
In assessing the civil penalty, the commissioner may consider the following factors:
(i)
Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity;
(ii)
The potential or actual harm posed to people or the environment by the violation;
(iii)
The cause of the violation;
(iv)
The effectiveness of action taken by the violator to cease the violation; and
(v)
The economic benefit gained by the violator; and
(F)
All such civil penalties and all fees collected pursuant to this part shall be deposited into a subaccount in the fund created by §
68-203-101
and treated accordingly.
(b)
The commissioner may suspend or revoke a certification or accreditation for any person who violates any provision of §§
68-131-403
- 68-131-405 or the rules promulgated pursuant to this chapter, in accordance with the procedures set forth in §
4-5-320
.
(c)
Any person knowingly failing, neglecting, or refusing to comply with any of the provisions of §
68-131-404
, commits a Class C misdemeanor. Each day upon which such violation occurs constitutes a separate offense.
Acts 1999, ch. 385, § 4; 2001, ch. 127, § 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 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 4 - TENNESSEE LEAD-BASED PAINT ABATEMENT CERTIFICATION ACT OF 1997 (§§ 68-131-401 — 68-131-406) › Section 68-131-406 - Rules

The commissioner of environment and conservation shall promulgate rules necessary to implement this part.
Acts 1997 , ch. 216, § 3; T.C.A., §
68-131-403
; Acts 1999, ch. 385, § 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 135 - LIQUEFIED PETROLEUM (§§ 68-135-101 — 68-135-201) › Part 1 - LIQUEFIED PETROLEUM SAFETY ACT OF TENNESSEE (§§ 68-135-101 — 68-135-111) › Section 68-135-101 - Short title - Purpose - "Dealer" defined - Dealers to be licensed

(a)
This part shall be known and may be cited as the "Liquefied Petroleum Safety Act of Tennessee."
(b)
The purpose of this part is to safeguard health and property and to promote the public safety and welfare by requiring that only properly qualified persons shall engage in business as liquefied petroleum gas dealers.
(c)
(1)
"Dealer," as used in this part, means a person, firm or corporation engaged in the business of sale, storage or delivery of liquefied petroleum gas and/or the installation of liquefied petroleum gas equipment; and
(2)
"Dealer" shall not be construed to include merchants whose sale of liquefied petroleum gas is restricted to containers of a capacity not exceeding two pounds (2 lbs.).
(d)
A dealer shall be required to submit evidence to the state fire marshal as provided in this part that such dealer is qualified to engage in such business and, if qualified, shall be licensed as provided in this part. It is unlawful for any dealer to engage in the liquefied petroleum gas business in this state, unless such dealer has been duly licensed under this part.
Acts 1961, ch. 118, § 1; 1965, ch. 108, § 1; T.C.A., §§ 53-3601, 68-26-101.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 135 - LIQUEFIED PETROLEUM (§§ 68-135-101 — 68-135-201) › Part 1 - LIQUEFIED PETROLEUM SAFETY ACT OF TENNESSEE (§§ 68-135-101 — 68-135-111) › Section 68-135-102 - Application for license - Fee - Issuance by state fire marshal

The state fire marshal shall, upon application on a form that the commissioner shall prescribe and supply and upon payment by the applicant of the fee prescribed, consider such application, and in each proper case issue a license to any person who submits evidence satisfactory to the state fire marshal that the applicant is fully qualified, as set forth in this part, to engage in business as a liquefied petroleum gas dealer.
Acts 1961, ch. 118, § 2; 1965, ch. 108, § 2; T.C.A., §§ 53-3602, 68-26-102.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 135 - LIQUEFIED PETROLEUM (§§ 68-135-101 — 68-135-201) › Part 1 - LIQUEFIED PETROLEUM SAFETY ACT OF TENNESSEE (§§ 68-135-101 — 68-135-111) › Section 68-135-103 - Qualifications and procedure prerequisite to issuance of license

The qualifications and procedure prerequisite to the issuance of a license to a dealer are as follows:
(1)
The applicant, or in the case of a firm or corporation, the person charged with the active management of the firm or corporation, must be twenty-one (21) years of age, and must submit evidence of at least three (3) years of experience in the liquified petroleum gas business or, alternatively, evidence of attendance at safety and handling training classes designed and established by the National Propane Gas Association;
(2)
The applicant must file evidence of financial responsibility in the form of a certificate of liability insurance coverage in minimum limits of five hundred thousand dollars ($500,000) in the case of injury to any one (1) person and one million dollars ($1,000,000) in the case of any one (1) accident, or by the execution and filing of a bond for a like amount or by the deposit of one million dollars ($1,000,000) cash with the state fire marshal;
(3)
The applicant shall also file evidence that the applicant is able to comply with such reasonable minimum storage requirements as the state fire marshal by regulation may from time to time determine to be necessary in the interest of public safety or welfare;
(4)
The applicant must be of good character; and
(5)
The applicant, or in the case of a firm or corporation, the person charged with the active management of the firm or corporation, shall be examined for the purpose of determining whether such applicant or representative has adequate knowledge of regulations promulgated by the state fire marshal; provided, that the state fire marshal may also require that any other person, employee or representative directly engaging in the delivering, installing or servicing of liquefied petroleum gas or liquefied petroleum gas equipment and appliances be likewise examined, and the state fire marshal shall prescribe such reasonable rules and regulations as the state fire marshal may deem necessary to safeguard life, health and property that will require as a prerequisite to issuance of a license, evidence of a completed, approved department of transportation inspection on all standard bob-tailed vehicles.
Acts 1961, ch. 118, § 3; 1965, ch. 108, §§ 3, 5; T.C.A., §§ 53-3603, 68-26-103; Acts 1995, ch. 169, §§ 2, 3, 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 135 - LIQUEFIED PETROLEUM (§§ 68-135-101 — 68-135-201) › Part 1 - LIQUEFIED PETROLEUM SAFETY ACT OF TENNESSEE (§§ 68-135-101 — 68-135-111) › Section 68-135-105 - Expiration of licenses - Renewal - Notice

Each license granted under this part shall expire on March 31 following its issuance or renewal and shall become invalid on such date unless renewed. Renewal may be effected at any time during the month of March by the payment of the fee prescribed in this part; provided, that the applicant has complied with the insurance requirements. It is the duty of the state fire marshal to notify every person licensed under this part of the date of expiration of such licensed person's license and the amount of the fee required for renewal for one (1) year, such notice to be mailed at least one (1) month in advance of the date of expiration of the license.
Acts 1961, ch. 118, § 4; 1965, ch. 108, § 6; T.C.A., §§ 53-3605, 68-26-105; Acts 2010, ch. 666, § 10.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 135 - LIQUEFIED PETROLEUM (§§ 68-135-101 — 68-135-201) › Part 1 - LIQUEFIED PETROLEUM SAFETY ACT OF TENNESSEE (§§ 68-135-101 — 68-135-111) › Section 68-135-106 - Revocation or suspension of license or renewal - Procedure

(a)
The state fire marshal may refuse to issue, renew, suspend, or revoke a certificate of registration, license, or permit, if the state fire marshal finds that the applicant, registrant, licensee, or permit holder has violated this part or any rule relating to liquefied petroleum gas promulgated by the state fire marshal under this part or any other law.
(b)
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, governs all matters and procedures respecting the hearing and judicial review of any contested case arising under this part.
Amended by 2015 Tenn. Acts, ch. 381,s 5, eff. 5/8/2015.
Acts 1961, ch. 118, § 5; T.C.A., §§ 53-3606, 68-26-106.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 135 - LIQUEFIED PETROLEUM (§§ 68-135-101 — 68-135-201) › Part 1 - LIQUEFIED PETROLEUM SAFETY ACT OF TENNESSEE (§§ 68-135-101 — 68-135-111) › Section 68-135-107 - Rules and regulations - Reciprocal agreements

(a)
The state fire marshal is authorized and directed to make such rules and regulations consistent with this part and other laws of this state as the state fire marshal may deem necessary in order to carry out the purposes of this part, including, but not limited to, minimum storage regulation and inspection of measuring devices and other reasonable regulations with respect to out-of-state dealers operating within the state. Included in such regulations may be the latest approved safety regulations issued by the National Fire Protection Association.
(b)
The state fire marshal is further authorized to enter into reciprocity agreements with the proper officials of other states for the purpose of waiving regulations as to out-of-state dealers; provided, that the state in which such dealers have their places of business agree to waive the requirements of such state as to Tennessee dealers. Nothing in this subsection (b) shall be construed to exclude the right of the state fire marshal from entering into reciprocity agreements with the proper officials of other states relative to the minimum storage requirements and the extent to which, if any, same shall be required of the out-of-state dealers operating within this state.
Acts 1961, ch. 118, § 6; 1965, ch. 108, § 7; T.C.A., §§ 53-3607, 68-26-107.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 135 - LIQUEFIED PETROLEUM (§§ 68-135-101 — 68-135-201) › Part 1 - LIQUEFIED PETROLEUM SAFETY ACT OF TENNESSEE (§§ 68-135-101 — 68-135-111) › Section 68-135-109 - Reporting of fires, explosions or accidents by dealers

It is mandatory for every dealer licensed under this part to report to the state fire marshal immediately any fire, explosion, or accident occurring on any premises served by containers and/or cylinders owned or supplied by the dealers, and thereafter, within three (3) days to make a written report of the fire, explosion or accident to the state fire marshal on forms required by the officer.
Acts 1965, ch. 108, § 9; T.C.A., §§ 53-3609, 68-26-108.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 135 - LIQUEFIED PETROLEUM (§§ 68-135-101 — 68-135-201) › Part 1 - LIQUEFIED PETROLEUM SAFETY ACT OF TENNESSEE (§§ 68-135-101 — 68-135-111) › Section 68-135-110 - Penalty for violation

(a)
A violation of any provision of this part is a Class B misdemeanor.
(b)
In addition to the penalty set forth in subsection (a):
(1)
The state fire marshal shall, upon receipt of the first violation, send a written notice of violation which shall include the possible actions that may be taken in response to any second or subsequent violation;
(2)
The state fire marshal may issue the following civil penalties for second or subsequent violations of this part or the rules lawfully promulgated under this part:
(A)
For a second violation, a civil penalty not to exceed one hundred dollars ($100);
(B)
For a third violation, a civil penalty not to exceed five hundred dollars ($500); and
(C)
For a fourth or subsequent violation, a civil penalty not to exceed one thousand dollars ($1,000).
Amended by 2015 Tenn. Acts, ch. 381,s 6, eff. 5/8/2015.
Acts 1961, ch. 118, § 8; 1965, ch. 108, § 10; T.C.A., § 53-3610; Acts 1989, ch. 591, § 112; T.C.A., § 68-26-110.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 135 - LIQUEFIED PETROLEUM (§§ 68-135-101 — 68-135-201) › Part 1 - LIQUEFIED PETROLEUM SAFETY ACT OF TENNESSEE (§§ 68-135-101 — 68-135-111) › Section 68-135-111 - Injunctive relief

(a)
Jurisdiction is conferred on the circuit and chancery courts of this state to grant injunctive relief against any person, firm or corporation undertaking to engage in business as a liquefied petroleum gas dealer in violation of the terms of this part. Such injunction suits shall be filed by the state fire marshal in the name of the state of Tennessee without bond being required for the prosecution of the suit or for the issuance of injunctions. Nothing in this section shall be construed as conferring criminal jurisdiction upon any court not now possessing such criminal jurisdiction, nor shall any court as an incident to the injunctive proceedings authorized in this section have the power to assess the criminal penalties provided in this part.
(b)
Any dealer licensed under this part who feels that such dealer is aggrieved by any violation of the terms of this part may pursue the relief granted under this part without the necessity of joining the state fire marshal in the proceedings; provided, that such dealer executes such bond as is required by the general statutes authorizing such act.
Acts 1961, ch. 118, § 9; 1965, ch. 108, § 11; T.C.A., §§ 53-3611, 68-26-111.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 135 - LIQUEFIED PETROLEUM (§§ 68-135-101 — 68-135-201) › Part 2 - COMPRESSED GASES GOOD SAMARITAN LAW (§ 68-135-201) › Section 68-135-201 - "Good Samaritan" in instances involving compressed gases

(a)
Any person, including medical personnel, who, in good faith and without compensation, renders emergency care or aid or who provides assistance upon the request of any police or fire department, rescue or emergency squad, or any governmental agency at the scene of an accident or an existing or impending disaster involving the use, handling, transportation, transmission or storage of compressed gases shall not be liable for damages as a result of conduct in rendering such care, aid or assistance, unless the damage was caused by the gross negligence of the actor.
(b)
Gross negligence also includes rendering care, assistance or advice with respect to matters in which the person rendering such care, assistance or advice does not possess the technical knowledge or skills concerning such matters.
(c)
For purposes of this section, "compensation" shall not be construed to include the salaries of police, fire or other public officials or emergency service personnel who render such emergency care, aid or assistance, nor shall it include the reimbursement of the actual expenses exclusive of salaries of any person rendering such care, aid or assistance.
Acts 1981, ch. 373, §§ 2-4; T.C.A., §§ 53-3651, 68-26-201.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 1 - EMERGENCY MEDICAL SERVICE AREA TELECOMMUNICATIONS (§§ 68-140-101 — 68-140-109) › Section 68-140-101 - Legislative intent

It is the intention and purpose of the general assembly that a statewide system of emergency medical service area telecommunications be employed to provide effective and rapid emergency medical service to the general population. To this end, all emergency medical service entities within the state are directed to provide the department of health with information the department requests for the purpose of implementing §
68-140-103
, and such entities shall comply with the resultant provisions established pursuant to this part.
Acts 1977, ch. 21, § 1; T.C.A., §§ 53-5121, 68-39-201, 68-140-201.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 1 - EMERGENCY MEDICAL SERVICE AREA TELECOMMUNICATIONS (§§ 68-140-101 — 68-140-109) › Section 68-140-103 - Development of system

The department is authorized and directed to develop a compatible statewide system of emergency medical service area telecommunications. In formulating such a system, the department shall develop a program that includes, but is not limited to, the following provisions:
(1)
A provision that determines the basic telecommunications requirements for each emergency medical entity within an emergency medical service area;
(2)
An interfacility telecommunications provision that depicts the telecommunications resource coordination center for each emergency medical service area and designate the responsibilities of the center;
(3)
A telecommunications resource inventory provision that includes each emergency medical entity and the number of radio operating units, base, mobile, handheld, and other units, per entity;
(4)
An operational provision that includes dispatching, logging, and operating procedures pertaining to telecommunications on an emergency medical service area basis;
(5)
An emergency medical service access provision that includes the telephone and radio numbering plan throughout the emergency medical service areas for both the landline and wireless requirements; and
(6)
Any dispatching entity receiving and dispatching calls for emergency medical services that provides pre-arrival medical care instructions may require persons assigned to handle such calls to be certified as emergency medical dispatchers as defined in §
68-140-302
. All such dispatching entities shall have medically approved dispatch protocols.
Acts 1977, ch. 21, § 3; T.C.A., §§ 53-5123, 68-39-203; Acts 1994, ch. 726, § 2; T.C.A. §
68-140-203
.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 1 - EMERGENCY MEDICAL SERVICE AREA TELECOMMUNICATIONS (§§ 68-140-101 — 68-140-109) › Section 68-140-104 - Coordination with state emergency preparedness plan

(a)
The statewide system of emergency medical service area telecommunications shall be developed by the department, which shall be responsible for the introduction and coordination of such system into the state emergency preparedness plan. The commissioner shall adopt such rules and regulations as are necessary to implement and coordinate such a system.
(b)
The commissioner shall be designated as the reviewing authority for applications to operate in the emergency medical services telecommunications system. The commissioner may delegate the activities required by this designation.
Acts 1977, ch. 21, § 4; T.C.A., §§ 53-5124, 68-39-204, 68-140-204.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 1 - EMERGENCY MEDICAL SERVICE AREA TELECOMMUNICATIONS (§§ 68-140-101 — 68-140-109) › Section 68-140-105 - Director

The commissioner is designated the director of the statewide telecommunications system for emergency medical services and, for the purpose of carrying out this part, may delegate the activities required by this designation.
Acts 1977, ch. 21, § 5; T.C.A., §§ 53-5125, 68-39-205, 68-140-205.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 1 - EMERGENCY MEDICAL SERVICE AREA TELECOMMUNICATIONS (§§ 68-140-101 — 68-140-109) › Section 68-140-106 - Approval of new systems

No emergency medical telecommunications system or subsystem shall be established or present systems expanded without prior approval of the commissioner.
Acts 1977, ch. 21, § 6; T.C.A., §§ 53-5126, 68-39-206, 68-140-206.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 1 - EMERGENCY MEDICAL SERVICE AREA TELECOMMUNICATIONS (§§ 68-140-101 — 68-140-109) › Section 68-140-107 - Federal communications license

No person, firm, corporation, association, county, municipality, or metropolitan government or agency, either as owner, agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or otherwise engage in, or profess to engage in, the activity of emergency medical service telecommunications, without holding a currently valid license to do so, such license issued solely, or coordinated, by the federal communications commission.
Acts 1977, ch. 21, § 7; T.C.A., §§ 53-5127, 68-39-207, 68-140-207.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 1 - EMERGENCY MEDICAL SERVICE AREA TELECOMMUNICATIONS (§§ 68-140-101 — 68-140-109) › Section 68-140-108 - Enforcement - Penalty - Injunctions

(a)
The chief official of any emergency medical entity shall see that there is compliance with this part and all of the regulations adopted under this part.
(b)
Any person violating or willfully failing to comply with any provision of this part commits a Class C misdemeanor.
(c)
Each day that any violation of, or willful failure to comply with, this part is committed or permitted to continue is a separate and punishable offense under this section; provided, that the court may, in appropriate cases, stay the cumulation of penalties.
(d)
The commissioner may cause to be instituted a civil action, in the chancery court of the county in which any alleged offender of the act may reside or have the offender's principal place of business, to enjoin any violation of any provision of this part or any rule or regulation promulgated pursuant to this part.
Acts 1977, ch. 21, § 7; T.C.A., § 53-5128; Acts 1989, ch. 591, § 113; T.C.A., §§ 68-39-208, 68-140-208.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 1 - EMERGENCY MEDICAL SERVICE AREA TELECOMMUNICATIONS (§§ 68-140-101 — 68-140-109) › Section 68-140-109 - Monthly data on number of flight requests rejected by vendor and patient volumes transported into covered region

(a)
Unless prohibited by federal law, each regional medical communication center authorized by this part shall provide to the director by the tenth day of each month the number of flight requests rejected by a vendor, and the patient volumes transported into the covered region, for the previous month. The data must be divided into the following categories: burns, CVA, cardiac, medical, OB, psych, trauma, other, unanswered, and unknown.
(b)
The director shall monthly post the data submitted pursuant to subsection (a) on the department's website in a manner accessible to the public.
Added by 2019 Tenn. Acts, ch. 380,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 2 - EMERGENCY HOSPITAL SERVICES (§§ 68-140-201 — 68-140-203) › Section 68-140-201 - Duty to furnish hospital emergency services

Every hospital, either public or private, that does business within this state and provides general medical and surgical services shall provide a hospital emergency service in accordance with rules and regulations adopted by the health facilities commission, and shall furnish such hospital emergency services to any applicant who applies for hospital emergency services in case of injury or acute medical condition where the injury or condition is liable to cause death or severe injury or illness.
Amended by 2023 Tenn. Acts, ch. 466, s 69, eff. 7/1/2024.
Acts 1972, ch. 750, § 1; T.C.A., §§ 53-5201, 68-39-301, 68-140-301.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 2 - EMERGENCY HOSPITAL SERVICES (§§ 68-140-201 — 68-140-203) › Section 68-140-202 - Purposes of part

The purposes of this part are to require that medical need and available medical resources, rather than the financial resources of an applicant for emergency medical treatment or first aid, be the determining factors concerning the scope of medical services provided.
Acts 1972, ch. 750, § 2; T.C.A., §§ 53-5203, 68-39-302, 68-140-302.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 2 - EMERGENCY HOSPITAL SERVICES (§§ 68-140-201 — 68-140-203) › Section 68-140-203 - Violations - Penalties

Any hospital violating any of this part commits a Class C misdemeanor.
Acts 1972, ch. 750, § 3; T.C.A., § 53-5203; Acts 1989, ch. 591, § 113; T.C.A., §§ 68-39-303,
68-140-303
.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 3 - EMERGENCY MEDICAL SERVICES ACT OF 1983 (§§ 68-140-301 — 68-140-335) › Section 68-140-301 - Short title

This part shall be known and may be cited as the "Emergency Medical Services Act of 1983."
Acts 1983, ch. 440, § 2; T.C.A., §§ 68-39-501, 68-140-501.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 140 - EMERGENCY SERVICES (§§ 68-140-101 — 68-140-604) › Part 3 - EMERGENCY MEDICAL SERVICES ACT OF 1983 (§§ 68-140-301 — 68-140-335) › Section 68-140-305 - Powers and duties of commissioner

In addition to any power, duty, or responsibility given the commissioner or the department under this part, the commissioner has and shall exercise the following powers, duties and responsibilities set forth in this section. These powers and duties may be delegated in whole or part, in writing, to any official of the department, to:
(1)
Exercise general supervision, coordination and control over the quality of the state emergency medical services program, and administer and enforce all statutes and regulations, relating to emergency medical services, vehicles and personnel. The commissioner shall designate an emergency medical services director to develop and administer the state emergency medical services program;
(2)
Initiate enforcement and disciplinary actions before the board and as otherwise provided in this part;
(3)
Issue such licenses, permits, and certificates for services, vehicles, and personnel in accordance with the regulations promulgated by the board and condition such issuances as may be necessary;
(4)
Conduct examinations for emergency medical services personnel pursuant to the requirements of the board;
(5)
Make inspections or investigations of any person providing emergency medical services, which may include personnel, vehicles, facilities, communications, equipment, methods, procedures, materials, records, documents and all other matters and things used in the provision of such services. Inspections shall be conducted annually, upon a complaint, or upon reasonable belief that a violation of this part has occurred;
(6)
Enter into agreements with emergency medical services program agencies in other states to assure effective delivery of emergency medical services, to the extent permitted or in the manner required by law;
(7)
Coordinate statewide development and operation of emergency medical services telecommunications systems;
(8)
Collect fees pursuant to this part and the rules established by the board;
(9)
Require the submission of such plans, specifications and other information as deemed necessary to carry out this part;
(10)
Apply for, accept, administer, contract and utilize grants from the federal and state governments, and from any other source, public or private, for the operation and improvement of emergency medical services within the state; and
(11)
Assess civil penalties as provided in this part.
Acts 1983, ch. 440, § 7; T.C.A., §§ 68-39-505, 68-140-505.