Tennessee § 68-14-303 - Authority of commissioner.

§ 68-14-303. Authority of commissioner.

The commissioner is authorized to: Carry out or cause to be carried out this part; Collect all fees established in this part and apply the fees in accordance with the procedures of the department of finance and administration to the necessary and incidental costs of administration of this part. Nothing in this subdivision (2) shall be construed to prohibit the department from receiving by way of general appropriation such sums as may be required to fund adequately the implementation of this part, as recommended in the annual budget by the governor to the general assembly; Prescribe rules and regulations governing the alteration, construction, sanitation, safety and operation of hotels, and public swimming pools, as may be necessary to protect the health and safety of the public, and enforce compliance with these rules and regulations by every hotel and public swimming pool, and grant variances and waivers for public swimming pools from the requirements of this part or applicable rules and regulations; provided, that such variance or waiver shall not constitute a health or safety hazard as determined by the commissioner. The commissioner shall not prescribe any such rules and regulations that are in conflict with the minimum statewide building construction standards established by the state fire marshal pursuant to § 68-120-101; Inspect or cause to be inspected at least once every six (6) months, and as often as the commissioner may deem necessary, every hotel in the state, and inspect or cause to be inspected at least once per month, and as often as the commissioner deems necessary, every public swimming pool in the state to determine compliance with this part and with rules and regulations; Issue or cause to be issued, suspend and revoke permits to operate hotels and public swimming pools as provided in this part; Notify the owner, proprietor, or agent in charge of any hotel or public swimming pool of such changes or alterations as may be necessary to effect compliance with this part and with rules and regulations governing the construction, alteration, and operation of the facilities, and close the facilities for failure to comply within specified times as provided in this part and in rules and regulations; Enter into an agreement or contract with county health departments whereby the departments would implement this part or its equivalent in their respective areas of jurisdiction, if the commissioner deems it to be appropriate; provided, that the following conditions shall apply: State reporting requirements shall be met by the county health department or departments; The county health department program standards shall be at least as stringent as those of state law and of rules and regulations; The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health department or departments and terminate the agreement or contract for cause immediately or otherwise upon reasonable notice; The commissioner may set such other fiscal, administrative, or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program; Staffing and resources shall be adequate to implement and enforce the program in the local jurisdiction; All permit fees, fines, and penalties shall be deposited directly into the state treasury; Beginning with fiscal year 2004-2005, all fees under this chapter shall be reviewed biennially to determine the appropriateness and amount relative to the overall cost of the program; and Ninety-five percent (95%) of permit fees collected within a contract county pursuant to §§ 68-14-312 — 68-14-314 shall be conveyed by contract to the respective county health department to assist the county health department in implementing the program in the local jurisdiction. This amount shall be calculated based upon fees collected in the contract county during the state's fiscal year multiplied by ninety-five percent (95%); No contract county shall charge a local permit fee. By July 30 of each year, each contract county shall provide a report to the commissioner for the preceding fiscal year documenting the total cost relative to carrying out the provisions of the contract and the amount of state and local permit fees collected. The report shall be on a form provided by the commissioner. Acts 1985, ch. 171, § 6; 1988, ch. 637, § 1; 1988, ch. 680, § 1; 1988, ch. 1015, §§ 1, 4, 5; 1989, ch. 262, § 1; 1989, ch. 417, § 1; 2000, ch. 947, § 6; 2000, ch. 981, § 64; 2001, ch. 311, §§ 10, 11; 2003, ch. 230, § 3; 2009, ch. 493, § 3; 2010, ch. 614, § 1; 2010, ch. 1100, § 126; 2012, ch. 575, § 1; 2013, ch. 182, § 24. Compiler's Notes. For the table of disposition regarding the transfers and amendments made by Acts 2013, ch. 182, effective July 1, 2015, please see the Compiler’s Notes under § 68-14-301 . Acts 2010, ch. 614 was repassed over the governor's veto on February 8, 2010. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amendments. The 2013 amendment deleted “all provisions of” preceding “this part” in (1); substituted “fees established” for “fees provided for” in the first sentence of (2); rewrote (3) and (4) which read: “(3) Prescribe rules and regulations governing the alteration, construction, sanitation, safety and operation of hotels, food service establishments and public swimming pools, as may be necessary to protect the health and safety of the public, and require every hotel, food service establishment and public swimming pool to comply with these rules and regulations and grant variances and waivers for public swimming pools from the requirements of this part or applicable rules and regulations; provided, that such variance or waiver shall not constitute a health or safety hazard as determined by the commissioner. A non-elected body of any municipality, county, or metropolitan government shall not enact any ordinance or issue any rule or regulation pertaining to the provision of food nutritional information or otherwise regulate menus at food service establishments. If, subsequent to February 8, 2010, the federal government takes action regarding the provision of food nutritional information at food service establishments, and the federal action specifically authorizes state departments to enforce such action, then the department of health shall be the department that is primarily responsible for the implementation and supervision of any new requirements and shall have the authority to promulgate rules and regulations, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as are necessary to effectuate the purposes of such requirements. The rules or regulations prohibiting live animals in the presence of dining facilities shall be waived if an adequately engineered forced air exhaust system is installed for the permitted facility. The rules or regulations requiring that food be obtained from sources that comply with all laws relating to food and food labeling shall be waived for churches, temples, synagogues or other religious institutions, civic, fraternal or veteran's organizations, if the food is served only to the homeless and the food is prepared in a church, temple, synagogue or other religious institution, civic, fraternal, or veteran's organization or in a private home or homes by persons who have successfully completed a training course of at least two (2) hours, conducted by the department, and the consumer is informed by a clearly visible placard, readily understandable to the average person, stating that the food may have been prepared in a facility that is not subject to regulation or inspection by the department. The commissioner shall not prescribe any such rules and regulations in conflict with the minimum statewide building construction standards established by the state fire marshal pursuant to § 68-120-101 ;“(4) Inspect or cause to be inspected at least once every six (6) months, and as often as the commissioner may deem necessary, every hotel and food service establishment in the state, with the exception of those food service establishments licensed by the department of mental health and substance abuse services, and inspect or cause to be inspected at least once per month, and as often as the commissioner deems necessary, every public swimming pool in the state to determine compliance with this part and rules and regulations;”; deleted “food service establishments” preceding “and swimming pools” in (5); rewrote (6) which read: “Notify the owner, proprietor, or agent in charge of any hotel, food service establishment or public swimming pool of such changes or alterations as may be necessary to effect complete compliance with this part and rules and regulations governing the construction, alteration and operation of the facilities, and close the facilities for failure to comply within specified times as provided in this part and rules and regulations;”; substituted “shall be” for “must be” in (7)(A), (B), and (E); and deleted (8) and (9) which read: “(8) Enter into an agreement or contract with the Tennessee department of agriculture whereby it would enforce this part and regulations promulgated under this part regarding delicatessens in grocery stores; and“(9) Levy and collect fees for inspections of food service establishments; provided, that no fee shall be charged for reinspections of such establishments; and provided further, that in no event shall an inspection or reinspection fee be levied or collected from a child care center, a group child care home, or a family child care home, as defined by § 71-3-501 .” Effective Dates. Acts 2013, ch. 182, § 50. July 1, 2015; provided, that, for rulemaking purposes, the act shall take effect April 23, 2013. Cross-References. Food establishments, title 53, ch. 8. Inspections by department of labor and workforce development, § 4-3-1405 . Collateral References. Liability of hotel, motel, resort, or private membership club or association operating swimming pool, for injury or death of guest or member. 55 A.L.R.5th 463.