Tennessee § 68-102-143 - Special deputy inspectors — Powers and duties — Inspection fees.

§ 68-102-143. Special deputy inspectors — Powers and duties — Inspection fees.

The commissioner of commerce and insurance may, in addition to the other provisions of this part, authorize and appoint any person, acting through a professional corporation pursuant to title 48, chapter 101, part 6, who meets the qualifications enumerated in subdivision (a)(2) as a commissioned deputy electrical inspector in this division, who shall have all the power of other deputies and assistants to enter any building or premises to make inspections of the buildings and their contents, and to report the inspections in writing to the commissioner. The commissioner is directed to contract with each deputy electrical inspector through the inspector's professional corporation to provide electrical inspection services. The contracts shall be between the commissioner and the professional corporation employing the electrical inspector and the electrical inspectors shall not be deemed employees of the state for payroll purposes or otherwise. A deputy electrical inspector shall possess: A high school diploma or GED(R) certificate; Practical experience consisting of at least five (5) years in electrical installation or inspection; and A certificate as an electrical inspector issued under § 68-120-118. The commissioner shall provide a program to ensure that electrical inspection services are available throughout the state on a timely basis according to the following criteria: Geographically designated inspection territories shall be established to provide for timely inspections. An inspection shall be considered timely if it is performed within three (3) working days of when the request is made to the inspector; Each geographical territory shall be assigned to a deputy electrical inspector, acting through a professional corporation, by the commissioner after consultation with local electric power distributors and the Tennessee Association of Electrical Inspectors; Each geographical territory may also be served by back-up inspectors who may serve multiple geographic territories in order to provide for timely inspections. The commissioner has authority to contract with back-up inspectors, acting through each back-up inspector's professional corporation. Deputy electrical inspectors appointed by the commissioner, or by the city official designated by the commissioner to make appointments in cities or municipalities authorized by the commissioner to conduct electrical inspections, are authorized to inspect electrical installations upon receipt of a request from the owner of the property, a licensed electrical contractor, or from any person, association, or corporation supplying electrical energy to the installations, or from municipal governing bodies, or from the county legislative body of the county in which the installations are located. Each inspector, acting through the inspector's professional corporation, is authorized to charge for and receive a fee for each inspection. The commissioner has the authority to set maximum inspection fees for services and to facilitate the administration and effective enforcement of this section. The fees in subdivision (b)(2) shall include all circuits connected to the services. The state fire marshal may require the inspection of electrical installations with or without a request, in the same manner that inspections are made in accordance with § 68-102-116, and the remedies for dangerous conditions shall be the same as provided in § 68-102-117; provided, that no fees shall be charged for making inspections directed by the state fire marshal as authorized by those sections. No inspection fees may be charged except where an actual inspection is made. Any person, association or corporation supplying electrical energy to any new installation shall have an electrical inspection approval from an authorized electrical inspector or agency before electric service is connected to the installation on a permanent basis. The maintaining of a safe electrical installation shall not be the responsibility of the power distributor beyond its service drop or service lateral connection to the customer's or member's service conductor. A service release inspection is temporary service to allow for testing of equipment, environmental conditioning and special operational equipment for construction. The inspection is valid for a period of forty-five (45) days on designated circuits only. A service release inspection does not allow for occupancy of the structure. A service release inspection may be issued for purposes of installation and inspection of a heating, ventilation and air conditioning system (HVAC) for a manufactured home or modular building. An anchoring decal shall not be required for a service release inspection. Acts 1915, ch. 131, § 19; Shan., § 3079a300; impl. am. Acts 1923, ch. 7, §§ 55, 56; mod. Code 1932, § 5717; impl. am. Acts 1937, ch. 33, § 67; 1945, ch. 32, § 1; C. Supp. 1950, § 5717; Acts 1951, ch. 188, § 1; 1959, ch. 200, § 1; 1965, ch. 20, § 1; impl. am. Acts 1971, ch. 137, § 2; 1972, ch. 721, §§ 1, 2; 1973, ch. 329, § 1; 1975, ch. 48, §§ 1, 2; 1978, ch. 657, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; Acts 1981, ch. 416, § 1; T.C.A. (orig. ed.), § 53-2442; Acts 1986, ch. 819, § 1; 1990, ch. 791, § 1; T.C.A., § 68-17-143 ; Acts 1994, ch. 871, § 1; 1998, ch. 739, § 1; 2000, ch. 692, § 1; 2004, ch. 884, § 1; 2006, ch. 877, § 1; 2007, ch. 379, §§ 1, 2; 2011, ch. 317, § 1; 2013, ch. 150, § 1; 2019, ch. 224, § 7. 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. Acts 2004, ch. 884, § 2 provided that: “It is the intent of the general assembly that the department of commerce and insurance is hereby encouraged to review its existing policies and procedures and develop where necessary new policies and procedures regarding the customer service provided by inspectors in order to ensure the courteous and timely performance of their duties.” Acts 2006, ch. 877, § 3 provided that, for purposes of effectuating the intent of the act, the commissioner of commerce and insurance is authorized to promulgate rules, including, but not limited to, rules by public necessity (now emergency rules), in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amendments. The 2013 amendment, effective January 1, 2014, rewrote (b)(2) which read: “The inspection fee for each inspection for services shall not exceed the following: Fee 0-30 ampere capacity $27.00 31-60 ampere capacity 27.00 61-200 ampere capacity 27.00 201-400 ampere capacity 40.00 401-600 ampere capacity 50.00 601-1,000 ampere capacity 90.00 1,001 ampere capacity and above fee negotiable; however, any such fee shall be subject to approval by the department Rough-in inspection 27.00 Inspection of a dwelling 27.00 unit's heating and/or cooling system Reinspection based on 27.00 rejection of a 0-1,000 ampere capacity Service Release Inspection based on service size The 2019 amendment, effective January 1, 2020, rewrote (a)(2)(C), which read: “(C) Proof of having passed a nationally recognized certification examination prescribed by the commissioner in both electrical one- and two-family dwellings and electrical general.” Effective Dates. Acts 2013, ch. 150, § 5. January 1, 2014; provided, that, for purposes of promulgating rules and regulations, the act shall take effect April 12, 2013. Acts 2019, ch. 224, § 8. January 1, 2020; provided that for purposes of promulgating rules and carrying out any administrative duties necessary to effectuate the provisions and intent, the act took effect April 30, 2019. Cross-References. Criminal impersonation, § 39-16-301 . Impersonation of licensed professional, § 39-16-302 .