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 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 68-126-207 - Monitoring inspection fee

The commissioner may establish a monitoring inspection fee in an amount established by the secretary. This monitoring inspection fee shall be an amount paid by each manufactured home manufacturer in this state for each manufactured home produced by the manufacturer in this state. The monitoring inspection fee shall be paid by the manufacturer to the secretary or the secretary's agent, who shall distribute the fees collected from all manufactured home manufacturers among the approved and conditionally approved states based on the number of new manufactured homes whose first location after leaving the manufacturing plant is on the premises of a distributor, retailer or purchaser in that state, and the extent of participation of the state in the joint team monitoring program established under the National Manufactured Home Construction and Safety Standards Act of 1974 (
42 U.S.C. § 5401
et seq.).
Acts 1979, ch. 310, § 7; 1981, ch. 301, § 1; T.C.A., § 53-4827; Acts 1987, ch. 120, §§ 7, 8; T.C.A., § 68-36-207; Acts 2002, ch. 793, § 1; 2005, ch. 379, § 8.
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 68-126-208 - Furnishing of reports and information

Each manufacturer, distributor, and retailer of manufactured homes shall establish and maintain such records, make such reports, and provide such information as the commissioner or the secretary may reasonably require to be able to determine whether such manufacturer, distributor, or retailer has acted or is acting in compliance with this part or the National Manufactured Home Construction and Safety Standards Act of 1974 (
42 U.S.C. § 5401
et seq.) and shall, upon request of a person duly designated by the commissioner or the secretary, permit such person to inspect appropriate books, papers, records and documents relevant to determining whether such manufacturer, distributor, or retailer has acted or is acting in compliance with such acts.
Acts 1979, ch. 310, § 8; T.C.A., § 53-4828; Acts 1987, ch. 120, §§ 3, 9; T.C.A., § 68-36-208; Acts 2002, ch. 793, § 1; 2005, ch. 379, § 9.
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 68-126-209 - Exemptions

In the issuance of rules and regulations pursuant to this part, the commissioner may provide appropriate exemption or exception with respect to a manufactured home or manufactured homes which have been inspected and approved by a nationally recognized and approved testing agency or laboratory, or an individual or agency authorized to make such inspection by the state fire marshal.
Acts 1979, ch. 310, § 9; T.C.A., § 53-4829; Acts 1987, ch. 120, § 3; T.C.A., § 68-36-209; Acts 2005, ch. 379, § 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 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 68-126-210 - Administration of part - Investigations and inspections

The commissioner is charged with the administration of this part. The commissioner may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate general rules and regulations of procedure for carrying into effect all provisions of this part, and for obtaining statistical data respecting manufactured homes. The commissioner may also make such investigations and inspections as in the commissioner's judgment are necessary to enforce and administer this part.
Acts 1979, ch. 310, § 10; T.C.A., § 53-4830; Acts 1987, ch. 120, § 3; T.C.A., § 68-36-210; Acts 2005, ch. 379, § 11.
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 68-126-211 - Inspections by commissioner or authorized representatives

(a)
The commissioner and the commissioner's authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part or the National Manufactured Home Construction and Safety Standards Act of 1974 (
42 U.S.C. § 5401
et seq.) are authorized, at reasonable hours and without advance notice, to enter and inspect all factories, warehouses, establishments or locations in this state in which manufactured homes are manufactured, sold, leased or distributed.
(b)
No person may interfere with, obstruct or hinder an authorized representative of the commissioner who displays proper credentials in the performance of such representative's duties as set forth in this part.
Acts 1979, ch. 310, § 11; T.C.A., § 53-4831; Acts 1987, ch. 120, §§ 3, 10; T.C.A., § 68-36-211; Acts 2005, ch. 379, § 12.
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 68-126-212 - Violations - Penalties

(a)
Whoever violates any provision of the National Manufactured Home Construction and Safety Standards Act of 1974 (
42 U.S.C. § 5401
et seq.), or any regulation or final order issued under that act, shall be liable for a civil penalty not to exceed one thousand one hundred dollars ($1,100) for each such violation. Each violation of a provision of such act, or any regulation or order issued under that act, constitutes a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by the act, except that the maximum civil penalty may not exceed one million three hundred seventy-five thousand dollars ($1,375,000) for any related series of violations occurring within one (1) year from the date of the first violation.
(b)
Any individual, or director, officer or agent of a corporation who knowingly and willfully violates the National Manufactured Home Construction and Safety Standards Act of 1974, in a manner which threatens the health or safety of any purchaser commits a Class A misdemeanor.
(c)
Any violation of this part, or of any rule or regulation made under this part, which is not covered by subsection (a) or (b), is a Class C misdemeanor.
Amended by 2015 Tenn. Acts, ch. 483, s 5, eff. 1/1/2016.
Acts 1979, ch. 310, § 12; 1981, ch. 301, § 1; T.C.A., § 53-4832; Acts 1987, ch. 120, §§ 11, 12; 1989, ch. 591, §§ 1, 6, 113; T.C.A., § 68-36-212.
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 68-126-213 - Revocation or suspension of license

The commissioner may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, revoke or suspend any license issued pursuant to §
68-126-206
, if the commissioner finds that the holder of such license has willfully violated any provision of this part or any rule or regulation adopted under this part, or has obtained such license by fraud or misrepresentation.
Acts 1979, ch. 310, § 13; T.C.A., §§ 53-4833, 68-36-213.
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 68-126-214 - Reciprocal agreements with officials of other states

In order to eliminate unnecessary duplication of reviews of designs, inspections, certifications of manufactured homes, and licensure of installers, the commissioner may negotiate and enter into reciprocal agreements with appropriate officials of other states, or with an agent for such states. However, no such agreement shall be entered into if the commissioner determines that it would not provide protection at least equivalent to that afforded by the standards and procedures established under this part.
Acts 1979, ch. 310, § 14; T.C.A., § 53-4834; Acts 1987, ch. 120, § 3; T.C.A., § 68-36-214; Acts 2002, ch. 793, § 8; 2005, ch. 379, § 13.
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 68-126-215 - Disposition of revenue

All revenue resulting from the administration and enforcement of this part shall be placed to the credit of the manufactured housing fund created by §
68-126-406(c)
and shall be used accordingly.
Acts 1979, ch. 310, § 15; T.C.A., §§ 53-4835, 68-36-215; Acts 2002, ch. 793, § 9.
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 3 - TENNESSEE MODULAR BUILDING ACT (§§ 68-126-301 — 68-126-320) › Section 68-126-301 - Short title

This part shall be known and may be cited as the "Tennessee Modular Building Act."
Acts 1985, ch. 309, § 2; 1987, ch. 120, § 13; T.C.A., § 68-36-301.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 3 - TENNESSEE MODULAR BUILDING ACT (§§ 68-126-301 — 68-126-320) › Section 68-126-302 - Legislative findings - Purpose - Standards

(a)
The general assembly finds that, in an effort to meet the building needs within the state, the private construction industry has developed mass production techniques that can substantially reduce construction costs, and that the mass production of buildings presents unique problems with respect to the establishment of uniform health and safety standards and inspection procedures. The general assembly further finds that, by minimizing the problems of standards and inspection procedures, it is demonstrating its intention to encourage the reduction of building construction costs and to make building and home ownership more feasible for all residents of the state.
(b)
Because of the nature of the construction of modular building units that arrive at the site of installation with some or all of the electrical, mechanical, plumbing and other systems already built into the unit and not able to be inspected at the site without disassembly or destruction, it is the purpose of this part to provide for the inspection of modular building units for compliance with building codes at the place of manufacture.
(c)
The commissioner is authorized to set standards for the construction and installation of modular building units, and to provide for the inspection of such units by the department, by an approved inspection agency or by reciprocal agreement with other states.
Acts 1985, ch. 309, § 2; T.C.A., § 68-36-302; Acts 2007, ch. 232, § 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 3 - TENNESSEE MODULAR BUILDING ACT (§§ 68-126-301 — 68-126-320) › Section 68-126-304 - Prerequisites to sale or installation - Local requirements

(a)
(1)
After the effective date of the rules adopted pursuant to this part, no modular building unit shall be offered for sale, sold, or installed in this state, unless it is approved and bears the insignia of approval of the commissioner, the commissioner's designee, or an approved inspection agency.
(2)
All modular building units manufactured in this state, or intended to be offered for sale, sold, or installed in this state, shall be inspected by the commissioner, the commissioner's designee, or an approved inspection agency, at the place of manufacture of the modular building unit.
(b)
(1)
No local standard relating to the construction or installation of modular building units shall be applicable to any modular building unit subject to this part, unless such standard is identical to that set by the commissioner pursuant to §
68-126-302
.
(2)
Any modular building unit bearing an insignia of approval issued by the commissioner, the commissioner's designee, or an approved inspection agency pursuant to this part, shall be deemed to comply with any local standard relating to the construction of modular building units.
(3)
Subject to subdivision (b)(1), a local government may make, and charge a fee for, an inspection of the installation of a modular building unit. Such fee shall be equal to the amount charged for a similar inspection on conventionally built housing.
(4)
Local land use and zoning requirements, fire zones, building setback requirements, side and rear yard requirements, subdivision control, as well as the review and regulation of aesthetic requirements, are specifically and entirely reserved to local government. Such local requirements and rules that may be enacted by a local government must be reasonable and uniformly applied and enforced without any distinction as to whether a building is a conventionally constructed or modular building.
(5)
Modular building units bearing an insignia of approval issued by the commissioner, the commissioner's designee, or an approved inspection agency pursuant to this part shall not be modified prior to or during installation, except in conformance with the rules of the commissioner.
Acts 1985, ch. 309, § 4; T.C.A., § 68-36-304.
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 3 - TENNESSEE MODULAR BUILDING ACT (§§ 68-126-301 — 68-126-320) › Section 68-126-305 - Powers and duties of commissioner

(a)
(1)
The commissioner shall enforce and administer this part.
(2)
The commissioner shall promulgate such rules and regulations as the commissioner finds necessary to carry out this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(3)
The commissioner is authorized to require licenses of manufacturers, dealers, and any other person involved in the construction, installation, sale or lease of a modular building unit, and to set reasonable fees and conditions for such licenses.
(b)
In addition to any other powers conferred on the commissioner by law, the commissioner may:
(1)
Prescribe all forms required to be filed pursuant to this part;
(2)
Establish a schedule of fees to pay the cost incurred by the department for the administration and enforcement of this part;
(3)
Appoint and employ such personnel as are necessary to carry out the duties imposed upon the commissioner by this part;
(4)
Delegate inspection authority under this part, by contract or other agreement, to local governments, private persons, corporations, associations, and agencies of other states, as an approved inspection agency; and
(5)
Assess civil penalties not to exceed five thousand dollars ($5,000) for each violation of this part.
(c)
If a modular building is manufactured, sold, or installed in violation of this part, the commissioner may require:
(1)
The manufacturer, dealer, or installer in violation of this part to provide the commissioner with as-built plans to be evaluated and approved by the commissioner for compliance with state building codes;
(2)
The manufacturer, dealer, or installer in violation of this part to make available for inspection any components and concealed spaces of the structure and to repair any damages made when making the components and concealed spaces available for inspection;
(3)
Inspections to be made during the remanufacturing process and may require that concealed spaces be opened or made accessible as necessary to determine that components comply with state building codes; and
(4)
The manufacturer, dealer, or installer to be responsible for all costs or expenses incurred pursuant to this subsection (c).
Acts 1985, ch. 309, § 5; T.C.A., § 68-36-305; Acts 2007, ch. 232, §§ 4-7.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 3 - TENNESSEE MODULAR BUILDING ACT (§§ 68-126-301 — 68-126-320) › Section 68-126-306 - Reciprocity - Interstate agreements

If the commissioner determines that the standards for construction and inspection of modular building units prescribed by statute or rule of another state are at least equal to rules prescribed under this part and that such standards are actually enforced by such other state, the commissioner may negotiate and enter into reciprocal agreements with appropriate officials of other states, or with an agent for such states. Any modular building unit inspected and approved under such an agreement shall be deemed to have been approved by the commissioner.
Acts 1985, ch. 309, § 6; T.C.A., § 68-36-306.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 3 - TENNESSEE MODULAR BUILDING ACT (§§ 68-126-301 — 68-126-320) › Section 68-126-307 - Judicial relief to compel compliance

The department may seek injunctive or other relief to compel compliance with the requirements of this part or with rules issued pursuant to this part, or to enjoin the sale, delivery, or installation of a modular building unit. Such relief may be sought in the chancery court of the county in which the modular building unit that is the subject of the action is located, or of the county in which such unit was manufactured, or of Davidson County.
Acts 1985, ch. 309, § 7; 1987, ch. 120, § 17; T.C.A., § 68-36-307.
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 3 - TENNESSEE MODULAR BUILDING ACT (§§ 68-126-301 — 68-126-320) › Section 68-126-308 - Violation a misdemeanor

A violation of any provision of this part is a Class B misdemeanor.
Acts 1985, ch. 308, § 8; 1989, ch. 591, § 112; T.C.A., § 68-36-308.
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 3 - TENNESSEE MODULAR BUILDING ACT (§§ 68-126-301 — 68-126-320) › Section 68-126-309 - Disposition of revenue

All revenue resulting from the administration and enforcement of this part constitutes expendable receipts of the division of fire prevention.
Acts 1985, ch. 309, § 9; T.C.A., § 68-36-309.
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 3 - TENNESSEE MODULAR BUILDING ACT (§§ 68-126-301 — 68-126-320) › Section 68-126-310 - Exemption from licensure requirements for local education agencies

A local education agency (LEA) whose students, under supervision of vocational/industrial instructors, construct, as part of a vocational/industrial curriculum, modular building units shall be exempt from all licensure requirements of this part; provided, however, that:
(1)
The LEA constructs no more than five (5) modular buildings per school per school year;
(2)
Each modular building's structural and electrical systems are inspected from its initial stages of construction by qualified building and electrical inspectors;
(3)
Each modular building meets all applicable local building codes and, when installed at a permanent site, is inspected by local building officials as a site-built structure; and
(4)
The LEA provides the purchaser of a modular building with a statement disclosing that it does not comply with this part. The LEA shall retain a copy of the statement signed by the purchaser.
Acts 2003, ch. 14, § 1; 2008, ch. 691, §§ 1-4.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 3 - TENNESSEE MODULAR BUILDING ACT (§§ 68-126-301 — 68-126-320) › Section 68-126-311 - Requirements for ready-removables with electrical wiring

(a)
Ready-removables with electrical wiring must still meet applicable state and local electrical permitting requirements, local building permitting requirements, and have hardwired smoke alarms installed in accordance with the manufacturer's instructions.
(b)
No ready-removable shall be modified for use as residential, recreational, or emergency housing in this state.
Acts 2012 , ch. 589, § 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 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 4 - TENNESSEE MANUFACTURED HOME INSTALLATION ACT (§§ 68-126-401 — 68-126-412) › Section 68-126-401 - Short title

This part shall be known and may be cited as the "Tennessee Manufactured Home Installation Act."
Acts 1976, ch. 626, § 1; 1981, ch. 301, § 9; T.C.A., §§ 53-6201, 68-45-101, 68-36-401; Acts 2002, ch. 793, § 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 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 4 - TENNESSEE MANUFACTURED HOME INSTALLATION ACT (§§ 68-126-401 — 68-126-412) › Section 68-126-402 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of commerce and insurance or the commissioner's designee;
(2)
"Installer" means a licensed manufactured home installer, or a licensed manufactured home retailer. It does not include individual employees of licensed installers and retailers, unless such individuals are duly licensed as installers or retailers in accordance with this chapter;
(3)
"Manufactured home" is defined as in §
68-126-202
;
(4)
"Person" means any individual, firm, association, corporation, or legal entity; and
(5)
"Set-up" means an installation of the manufactured home according to the manufacturer's installation instructions or those provided in §
68-126-403(c)(2)-(4)
, and includes, but is not limited to, site preparation; support structures, including footings, piers, caps and shims; anchoring systems; connection, fastening, moisture barrier installation between sections, and roofing dry-in of multi-sections; HVAC duct connections; plumbing and electrical cross-over connections; completion of exterior siding; installation of heating application ventilation systems or fireplace chimney systems; and completion of hinged roof sections.
Acts 1976, ch. 626, § 2; 1981, ch. 301, §§ 9-11; T.C.A., §§ 53-6202, 68-45-102, 68-36-402; Acts 2002, ch. 793, §§ 11, 12; 2004, ch. 913, §§ 2, 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 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 4 - TENNESSEE MANUFACTURED HOME INSTALLATION ACT (§§ 68-126-401 — 68-126-412) › Section 68-126-405 - Administration - Rules and regulations - Standards

(a)
The state fire marshal is charged with the administration of this part.
(b)
The state fire marshal shall, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, promulgate rules and regulations for carrying into effect all provisions of this part.
(1)
The rules and regulations shall include standards for the manufacture, approval, and installation of anchor systems.
(2)
In the formulation of such standards, the state fire marshal shall strive to protect the public to a reasonable degree from dangers associated with overturning and sliding of manufactured homes, without unduly increasing their cost to consumers.
(3)
The state fire marshal shall include, in the rules and regulations required above, minimum standards for support systems for manufactured homes.
Acts 1976, ch. 626, § 5; 1981, ch. 301, §§ 9, 14; T.C.A., §§ 53-6205, 68-45-105, 68-36-405.
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 4 - TENNESSEE MANUFACTURED HOME INSTALLATION ACT (§§ 68-126-401 — 68-126-412) › Section 68-126-408 - Alteration of installations

It is unlawful for any person to alter any anchoring installation that has been inspected and approved without the written consent of the state fire marshal or the state fire marshal's authorized agent.
Acts 1976, ch. 626, § 8; T.C.A., §§ 53-6208, 68-45-108, 68-36-408.
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 4 - TENNESSEE MANUFACTURED HOME INSTALLATION ACT (§§ 68-126-401 — 68-126-412) › Section 68-126-409 - Application

This part does not apply to any manufactured home that has not been delivered for occupancy.
Acts 1976, ch. 626, § 9; 1981, ch. 301, § 9; T.C.A., §§ 53-6209, 68-45-109, 68-36-409.
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 4 - TENNESSEE MANUFACTURED HOME INSTALLATION ACT (§§ 68-126-401 — 68-126-412) › Section 68-126-411 - Disposition of revenue

All revenue resulting from the administration of this part shall be placed to the credit of the manufactured housing fund, and shall be used accordingly.
Acts 1976, ch. 626, § 11; T.C.A., §§ 53-6211, 68-45-111, 68-36-411; Acts 2002, ch. 793, § 18.
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 4 - TENNESSEE MANUFACTURED HOME INSTALLATION ACT (§§ 68-126-401 — 68-126-412) › Section 68-126-412 - Preemption - Supersession

It is the intention of the general assembly that this part, and the regulations issued pursuant thereto, preempt any local ordinance or regulation of the installation of manufactured homes. All city, county and consolidated government resolutions, ordinances, regulations and code requirements on installation of manufactured homes are superseded by this chapter, and regulations issued thereto.
Acts 1991, ch. 371, § 1; T.C.A., § 68-36-412; Acts 2002, ch. 793, § 19.
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 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-101 - Short title

This part shall be known and may be cited as the "Tennessee Hazardous Substances Act."
Acts 1970, ch. 356, § 1; T.C.A., §§ 53-3712, 68-27-101.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-103 - Regulations declaring hazardous substances and establishing variations and exemptions

(a)
Whenever in the judgment of the commissioner such action will promote the objectives of this part by avoiding or resolving uncertainty as to application, the commissioner may by regulation declare to be a hazardous substance, for the purposes of this part, any substance or mixture of substances that the commissioner finds meets the requirements of §
68-131-102(10)(A)(i)
.
(b)
If the commissioner finds that the requirements of §
68-131-102(16)(A)
are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous substance, the commissioner may by regulation establish such reasonable variations or additional label requirements as the commissioner finds necessary for the protection of the public health and safety; and any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, that fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance.
(c)
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.
(d)
If the commissioner finds that the hazard of an article subject to this part is such that labeling adequate to protect the public health and safety cannot be devised, or the article presents an imminent danger to the public health and safety, the commissioner may declare the article to be a banned hazardous substance and require its removal from commerce.
(e)
A regulation issued in accordance with § 3(e) of the Federal Hazardous Substances Act (
15 U.S.C. § 1261
et seq.) which restricts the sale or labeling of a toy or other article intended for use by children because of an electrical, mechanical or thermal hazard, shall be an acceptable regulation for the purpose of this part.
Acts 1970, ch. 356, § 3; T.C.A., §§ 53-3714, 68-27-103.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-104 - Prohibited acts

The following acts, and the causing of the acts are prohibited:
(1)
The introduction or delivery for introduction into commerce in the state of Tennessee of any misbranded hazardous substance;
(2)
The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if such act is done while the substance is in commerce, or while the substance is held for sale, whether or not the first sale, after shipment in commerce, and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance;
(3)
The receipt in commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery of the hazardous substance for pay or otherwise;
(4)
The giving of a guarantee or undertaking referred to in §
68-131-105(b)(2)
, which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom such person received in good faith the hazardous substance;
(5)
The failure to permit entry or inspection as authorized by §
68-131-110(a)
or to permit access to and copying of any record as authorized by §
68-131-111
;
(6)
(A)
The introduction or delivery for introduction into commerce, or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a container that, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act that results in the hazardous substance being a misbranded hazardous substance;
(B)
As used in subdivision (6)(A), "food," "drug" and "cosmetic" have the same meanings as in the Tennessee Food, Drug, and Cosmetic Act, compiled in title 53, chapter 1;
(7)
The use by any person to such person's own advantage, or revealing other than to the commissioner or officers or employees of the department, or to the courts when relevant in any judicial proceeding under this part, of any information acquired under authority of §
68-131-110
concerning any method or process that as a trade secret is entitled to protection; and
(8)
The introduction into commerce of any antifreeze that is adulterated or misbranded or in violation of the requirements of this part or regulations.
Acts 1970, ch. 356, § 4; 1976, ch. 498, § 2; T.C.A., §§ 53-3715, 68-27-104.
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 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-105 - Penalties

(a)
Any person who violates any of the provisions of §
68-131-104
commits a Class B misdemeanor.
(b)
No person shall be subject to the penalties of subsection (a) for having violated:
(1)
Section
68-131-104(3)
, if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith, unless such person refuses to furnish on request of an officer or employee duly designated by the commissioner, the name and address of the person from whom such person purchased or received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to such person; or
(2)
Section
68-131-104(1)
, if such person establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom such person received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in this part.
Acts 1970, ch. 356, § 5; T.C.A., § 53-3716; Acts 1989, ch. 591, § 112; T.C.A., § 68-27-105.
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 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-106 - Injunction proceedings

In addition to the remedies provided in this part, the commissioner is authorized to apply to a competent court in this state, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of §
68-131-104
, irregardless of whether or not there exists an adequate remedy at law.
Acts 1970, ch. 356, § 6; T.C.A., §§ 53-3717, 68-27-106.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-107 - Detention of misbranded or banned hazardous substances - Petition for libel of condemnation

(a)
Whenever a duly authorized agent of the commissioner finds or has probable cause to believe that any hazardous household substance is misbranded, or is a banned hazardous substance, within the meaning of this part, the agent shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, misbranded or is a banned hazardous substance and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It is unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission. An official order issued under authority of the federal Hazardous Substances Act (
15 U.S.C. § 1261
et seq.) shall be probable cause for the commissioner to invoke the requirements of this section.
(b)
(1)
When an article detained or embargoed under subsection (a) has been found by such agent to be misbranded or a banned hazardous substance, the agent shall petition the court in whose jurisdiction the article is detained or embargoed for a libel of condemnation of such article. In an emergency and by agreement of all parties, the commissioner may detain such hazardous substance until final disposition can be made.
(2)
When such agent has found that an article so detained or embargoed is not misbranded or a banned hazardous substance, the agent shall remove the tag or other marking.
(c)
If the court finds that a detained or embargoed article is misbranded or a banned hazardous substance, such article shall, after entry of the decree, be destroyed at the expense of the claimant of the article, under supervision of such agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article or the claimant's agent; provided, that when the misbranding can be corrected by proper labeling of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled, has been executed, may by order direct that such article be delivered to claimant of the article for such labeling under the supervision of an agent of the commissioner. The expense of such supervision shall be paid by the claimant. The article shall be returned to the claimant on the representation to the court by the commissioner that the article is no longer in violation of this part, and that the expenses of such supervision have been paid.
Acts 1970, ch. 356, § 7; 1974, ch. 626, § 3; T.C.A., §§ 53-3718, 68-27-107.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-108 - Hearing before report of criminal violation

It is the duty of each district attorney general, county attorney or city attorney to whom the commissioner reports any violation of this part, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this part is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present such person's views before the commissioner, either orally or in writing, in person, or by attorney, with regard to such contemplated proceeding.
Acts 1970, ch. 356, § 8; T.C.A., §§ 53-3719, 68-27-108.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-109 - Regulations

(a)
The authority to promulgate regulations for the efficient enforcement of this part is vested in the commissioner.
(b)
The commissioner shall cause the regulations promulgated under this part to conform, insofar as practicable, with the regulations established pursuant to the federal Hazardous Substances Act (
15 U.S.C. § 1261
et seq.).
Acts 1970, ch. 356, § 9; T.C.A., §§ 53-3720, 68-27-109.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-110 - Examinations and investigations

(a)
For the purposes of enforcement of this part, officers or employees duly designated by the commissioner, upon presenting appropriate credentials to the owner, operator or agent in charge, are authorized to:
(1)
Enter, at reasonable times, any factory, warehouse, or establishment in which hazardous substances are manufactured, processed, packed or held for introduction into commerce or are held after such introduction, or to enter any vehicle being used to transport or hold such hazardous substances in commerce;
(2)
Inspect, at reasonable times, and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle, and all pertinent equipment, finished and unfinished materials, and labeling in the factory, warehouse, establishment or vehicle; and
(3)
Obtain samples of such materials or packages of materials, or of such labeling.
(b)
If the officer or employee obtains any sample prior to leaving the premises, the officer or employee shall pay or offer to pay the owner, operator, or agent in charge for such sample and give a receipt describing the samples obtained.
Acts 1970, ch. 356, § 10; T.C.A., §§ 53-3721, 68-27-110.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-111 - Records of shipment

For the purpose of enforcing this part, carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such hazardous substances so received, shall, upon the request of an officer or employee duly designated by the commissioner, permit such officer or employee at reasonable times, to have access to and to copy all records showing the movement in commerce of any such hazardous substances, or the holding of the hazardous substances during or after such movement, and the quantity, shipper, and consignee of the hazardous substances, and it is unlawful for any such carrier or person to fail to permit such access to and copying of any record so requested when such request is accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates; provided, that evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained; and provided further, that carriers shall not be subject to the other provisions of this part by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers.
Acts 1970, ch. 356, § 11; T.C.A., §§ 53-3722, 68-27-111.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-112 - Publicity

(a)
The commissioner may cause to be published, from time to time, summaries of any judgments, decrees, or court orders that have been rendered under this part, including the nature and the disposition of the charge.
(b)
The commissioner may also cause to be disseminated information regarding hazardous substances in situations involving, in the opinion of the commissioner, imminent danger to health.
(c)
Nothing in this section shall be construed to prohibit the commissioner from collecting, reporting and illustrating the results of the investigations of the department.
Acts 1970, ch. 356, § 12; T.C.A., §§ 53-3723, 68-27-112.
2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 131 - HAZARDOUS SUBSTANCES (§§ 68-131-101 — 68-131-406) › Part 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-113 - Bittering agent added to antifreeze or engine coolant - Liability - Construction regarding sale of motor vehicle - Violations - Selection of alternative bittering agent

(a)
Any and all antifreeze or engine coolant containing at least ten percent (10%) ethylene glycol that is manufactured on or after January 1, 2010, shall contain a bittering agent in a minimum concentration of thirty parts per million (30 p.p.m.) but not to exceed a maximum concentration of fifty parts per million (50 p.p.m.).
(b)
No manufacturer, processor, distributor, recycler or seller of antifreeze or engine coolant containing at least ten percent (10%) ethylene glycol that complies with this section in this state shall be liable for any personal injury, death, property damage, environmental damage or economic loss caused by the required inclusion of the bittering agent to the antifreeze or engine coolant. The limitation on liability provided in this subsection (b) does not apply to a particular liability to the extent that the cause of the liability is unrelated to the inclusion of denatonium benzoate in any engine coolant or antifreeze.
(c)
The requirements of this section shall not be construed to apply to the sale of a motor vehicle that contains engine coolant or antifreeze.
(d)
Any person violating this section commits a Class C misdemeanor, punishable only by a fine of fifty dollars ($50.00) per occurrence.
(e)
Upon a determination by a federal or state authority that denatonium benzoate is unsuitable for use, based on a threat to health and safety or the environment, the commissioner of agriculture shall establish by rulemaking hearing, as required by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 2, a bittering agent that shall be required instead; provided, however, that the initial rules establishing the bittering agent shall be promulgated as emergency rules in compliance with §
4-5-208
.
Acts 2008 , ch. 1111, § 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 1 - TENNESSEE HAZARDOUS SUBSTANCES ACT (§§ 68-131-101 — 68-131-114) › Section 68-131-114 - Sale of preparations or products containing sulfuric acid for use in the household

Notwithstanding any provision of this part, or any rule or regulation to the contrary, liquid drain openers containing sulfuric acid and any preparation or product containing sulfuric acid in a concentration of ten percent (10%) or higher intended or packaged in a form suitable for use in households may be sold in this state if the product and packaging conforms to federal law, including, but not limited to, the federal Hazardous Substance Act (
15 U.S.C. § 1261
et seq.), the Poison Prevention Packaging Act (
15 U.S.C. §§ 1471-1477
), and all applicable federal regulations.
Acts 2009 , ch. 108, § 1.