Tennessee § 68-120-118 - Certification of municipal, county or state plumbing inspectors or mechanical inspectors.

§ 68-120-118. Certification of municipal, county or state plumbing inspectors or mechanical inspectors.

All persons entering into employment after July 1, 2008, as a municipal, county or state employed plumbing inspector or mechanical inspector, or both, having jurisdiction to enforce this chapter shall receive certification from the state fire marshal before enforcing applicable plumbing, mechanical and fuel gas codes. Plumbing and mechanical inspectors hired after July 1, 2008, shall have up to twelve (12) months from the date of employment to receive certification. Municipal, county or state plumbing and mechanical inspectors employed on July 1, 2008, shall be deemed to meet the certification qualifications of this chapter for three (3) years from the date of certification. On the expiration date of the three-year period, all plumbing and mechanical inspectors deemed to meet the qualifications set out by this subdivision (a)(1)(A) shall meet all requirements of subdivision (a)(2) in order to be recertified. An application for certification shall be filed with the state fire marshal on a form to be developed by the state fire marshal. The state fire marshal shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the standards and qualifications for certification. The rules and regulations shall require proof satisfactory to the state fire marshal that the candidate understands all applicable plumbing, mechanical and fuel gas codes. Each person entering into employment after January 1, 2020, as a municipal, county, or state-employed electrical inspector, having jurisdiction to enforce this chapter must receive certification from the state fire marshal before enforcing applicable electrical codes. Municipal, county, or state electrical inspectors employed or under contract pursuant to § 68-102-143 on January 1, 2020, are deemed to have met the certification qualifications of this section for three (3) years from the date of certification. On the expiration date of the three-year period, each electrical inspector deemed to meet such qualifications must be recertified in accordance with subdivision (a)(2). An application for certification must be filed with the state fire marshal on a form developed by the state fire marshal. The state fire marshal shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the standards and qualifications for certification. The rules and regulations must require proof satisfactory to the state fire marshal that the candidate understands all applicable electrical codes. The state fire marshal shall recognize and accept certification from a nationally or internationally recognized certifying organization to satisfy the standards and qualifications for certification of municipal, county, and state-employed plumbing, mechanical, and electrical inspectors. The state fire marshal may also recognize and accept certification from other appropriate professional building code organizations. Upon the filing of the application required by subdivision (a)(1)(A), accompanied by the requisite fee, and a resolution by the governing body of the employing municipality or county, or a certification from the employing state agency, affirming that the applicant is performing the applicant's duties satisfactorily, the state fire marshal shall issue certification in the same form as provided for other applicants. Certification pursuant to this section shall not be a prerequisite for plumbing and mechanical inspector employment purposes, but the employing governmental entity shall have all newly employed applicants certified within twelve (12) months of the date of employment. Certification as a plumbing, mechanical, or electrical inspector shall be valid for a period of three (3) years from the date of issuance. The state fire marshal shall provide each certificate holder with a recertification application form at least sixty (60) days prior to the expiration of the certificate. Each application for recertification shall be accompanied by a recertification fee as set by the state fire marshal. The fee shall be reasonably related to the cost of maintaining certification and shall not be set at a level that would discourage compliance. All certificates shall be subject to late recertification for a period of sixty (60) days following their expiration date by payment of the prescribed fee, plus a penalty as set by the state fire marshal. The state fire marshal may revoke the certification of any plumbing, mechanical, or electrical inspector who does not properly enforce this chapter. Any plumbing, mechanical, or electrical inspector whose certification is revoked may appeal the revocation pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. No plumbing, mechanical, or electrical inspector shall be authorized to enforce this chapter while the official's revocation of certification is being appealed. In addition to any other penalty under law, any plumbing, mechanical, or electrical official or inspector who knowingly fails to enforce this chapter, and the intentional failure poses an immediate danger to the life, safety or welfare of another, commits a Class B misdemeanor. Each certificate holder shall be issued a card designating that the holder is qualified to perform inspections pursuant to this chapter. Each certificate holder shall carry the card in the certificate holder's possession whenever the certificate holder is performing inspections pursuant to this chapter. The certificate card shall be exhibited upon request of the owner or authorized representative of the owner of the premises to be inspected. The state fire marshal shall establish, or contract for, training courses, which shall be made available to governmental employees with plumbing, mechanical, or electrical responsibilities in order to enable them to acquire the knowledge and skills required to attain certification under this chapter. Acts 2007, ch. 582, § 1; 2019, ch. 224, §§ 1-6. Compiler's Notes. Acts 2007, ch. 582, § 2 provided that the provisions of that act, which enacted this section, shall be subject to the funding being provided in the general appropriations act. According to information provided by the department of finance and administration and from fiscal review, the act was funded. Acts 2007, ch. 582, § 3 provided that, prior to the initial implementation of any fees established pursuant to the act, the department, including, but not limited to, the state fire marshal, shall testify before the government operations committee of the senate as to the amount of the fees and the basis for such amount. Amendments. The 2019 amendment, effective January 1, 2020, redesignated former (a)(1) as present (a)(1)(A); added (a)(1)(B); substituted “subdivision (a)(1)(A)” for “subdivision (a)(1)” in the fourth sentence of (a)(1)(A); in (a)(2), substituted “a nationally or internationally recognized certifying organization to satisfy” for “the international Code Council (ICC) or the National Fire Protection Association as satisfying” and inserted “, and electrical” in the first sentence; substituted “plumbing, mechanical, or electrical inspector” for “plumbing and mechanical inspector” in (b) and twice in (d)(1); substituted “plumbing, mechanical, or electrical official or inspector” for “plumbing or mechanical inspection official” in (d)(2); and substituted “plumbing, mechanical, or electrical responsibilities” for “plumbing or mechanical responsibilities” in (f). Effective Dates. Acts 2019, ch. 224, § 8. January 1, 2020; provided that for the purposes of promulgating rules and carrying out any administrative duties necessary to effectuate the provisions and intent of this act, the act took effect April 30, 2019. Cross-References. Penalty for Class B misdemeanor, § 40-35-111 .