§ 68-14-303 — Authority of commissioner

The commissioner is authorized to: (1) Carry out or cause to be carried out this part; (2) 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; (3) 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 ; (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 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; (5) Issue or cause to be issued, suspend and revoke permits to operate hotels and public swimming pools as provided in this part; (6) 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; (7) 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: (A) State reporting requirements shall be met by the county health department or departments; (B) The county health department program standards shall be at least as stringent as those of state law and of rules and regulations; (C) 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; (D) 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; (E) Staffing and resources shall be adequate to implement and enforce the program in the local jurisdiction; (F) All permit fees, fines, and penalties shall be deposited directly into the state treasury; (G) 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 (H) (i) 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%); (ii) 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 contract and the amount of state and local permit fees collected. The report shall be on a form provided by the commissioner.

Legislative History

Amended by 2013 Tenn. Acts, ch. 182, s 24, eff. 7/1/2015. 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.