Tennessee § 68-102-113 - Regulations of state fire marshal — Subjects covered — Penalties.

§ 68-102-113. Regulations of state fire marshal — Subjects covered — Penalties.

The state fire marshal shall make regulations consistent with statutory provisions for safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use of buildings, structures or premises. All regulations of the state fire marshal shall be indexed and published, kept up to date, and made available for either sale or public inspection; however, published nationally recognized codes approved by the parent code groups, published amendments to nationally recognized codes approved by the parent code groups and published lists of acceptable materials and items tested and approved by a nationally recognized testing agency or laboratory are exempt from this provision. The regulations shall specifically govern the following: automobile tire rebuilding plants, automobile wrecking yards, junk yards and waste material handling plants; bowling establishments; cellulose nitrate motion picture film; cellulose nitrate plastics (pyroxylin); combustible fibers; compressed gases; dry cleaning plants; prevention of dust explosions; maintenance of exit ways; explosives, ammunition and blasting agents; fireworks; fire protection equipment; application of flammable finishes; flammable and combustible liquids; fruit ripening processes; fumigation and thermal insecticidal fogging; garages; hazardous chemicals; liquefied petroleum gases; lumber yards and woodworking plants; magnesium; oil burning equipment; manufacture of organic coatings; ovens and furnaces; places of assembly; general precautions against fire; tents; welding or cutting, acetylene generators and calcium carbide. Notwithstanding any rule or regulation adopted by the state fire marshal, pursuant to this section, the delivery nozzles for dispensing class I liquids at self-service gas stations may contain latch-open devices. The regulations shall also govern: The materials, installation and use of facilities, equipment, devices and appliances conducting, conveying, consuming and using electrical energy or gas (natural, artificial or liquid petroleum) in, or in connection with, any building, structure or on any premises located in this state; The material, design and construction of chimneys, flues and vents in any building or structure located in this state; and The number, type, design, capacity and location of fire extinguishers and fire extinguishing systems in buildings, structures, on vehicles or in other places where required for safety. In the making of such regulations, the state fire marshal may accept or adopt as required minimum standards for such installation, materials, facilities, equipment, devices, appliances, safety measures and methods of handling, the standards recommended by any recognized organization or testing laboratory, including the standards of the Southern Building Code Congress, Birmingham, Alabama; the National Fire Codes of the National Fire Protection Association, Boston, Massachusetts; the National Electrical Safety Code, a publication of the National Bureau of Standards, Washington, D.C.; and including lists of materials tested and meeting standards for equipment, devices and appliances and other materials as published by Underwriters' Laboratories, Inc., of Chicago, Illinois; and the American Gas Association, Inc. Laboratories lists of certified appliances and accessories, Cleveland, Ohio; and may make regulations for items not included in the above standards. The statewide minimum electrical standard promulgated by the state fire marshal pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall have precedence over all conflicting local electrical codes in counties or cities having multiple code jurisdictions. In the event of a disputed interpretation of a code section or standard, the ruling of the state fire marshal or the fire marshal's designee shall prevail. Subdivision (f)(1) does not apply to a municipality that conducts its own inspection for compliance with electrical standards. The regulations of the state fire marshal have the force and effect of law, if not in conflict with express statutory provisions, and any person, firm, corporation, association, or syndicate, including architects, contractors, builders, mechanics, electricians or other persons engaged in erecting, installing or otherwise dealing with any of the materials, installations, facilities, equipment, devices or appliances mentioned in this section, who fails to comply with the regulations promulgated as authorized by this section, commits a Class C misdemeanor. Acts 1915, ch. 131, § 7; Shan., § 3079a273; impl. am. Acts 1923, ch. 7, § 55; Code 1932, § 5690; Acts 1933, ch. 73, § 1; 1947, ch. 191, § 1; C. Supp. 1950, § 5690; Acts 1967, ch. 136, § 1; 1969, ch. 157, § 5; 1974, ch. 429, § 1; 1977, ch. 177, § 1; T.C.A. (orig. ed.), § 53-2413; Acts 1983, ch. 372, § 1; 1989, ch. 591, § 113; T.C.A., § 68-17-113 ; Acts 1996, ch. 676, § 1. Compiler's Notes. Former title 68, ch. 17, §§ 68-17-101 — 68-17-152 , was transferred to title 68, ch. 102, §§ 68-102-101 — 68-102-152 , respectively, in 1992. Cross-References. Powers of Tennessee board of water quality, oil and gas, § 60-1-202 . Penalty for Class C misdemeanor, § 40-35-111 . Law Reviews. 1996 Real Estate Legislation: What You Don't Know Can Hurt You (William R. Bruce), 32 Tenn. B.J. 12 (1996). Cited: Benson v. Fowler, 43 Tenn. App. 147, 306 S.W.2d 49, 1957 Tenn. App. LEXIS 108 (1957); Odum v. Haynes, 494 S.W.2d 795, 1972 Tenn. App. LEXIS 278 (Tenn. Ct. App. 1972); Berry v. Whitworth, 576 S.W.2d 351, 1978 Tenn. App. LEXIS 324 (Tenn. Ct. App. 1978); Foster v. Bue, 749 S.W.2d 736, 1988 Tenn. LEXIS 101 (Tenn. 1988).