68-120-106 - Enforcement officials Jurisdiction Employment of technicians. - Tennessee Statutes

68-120-106. Enforcement officials Jurisdiction Employment of technicians.

(a)  The state fire marshal, such fire marshal's deputies and assistants, including all municipal fire prevention or building officials in those municipalities having such officers, and where no such officer exists, the chief of the fire department of every incorporated city or place in which a fire department is established, and the mayor of each incorporated place in which no fire department exists, and all state officials, now having jurisdiction or as directed by the governor, or county officers having jurisdiction in regard to any matter regulated in this chapter, shall have concurrent jurisdiction. No regulation shall be issued or enforced by any such official that is in conflict with the provisions of this chapter. The provisions of this chapter shall supersede all less stringent provisions of municipal ordinances. The state fire marshal is authorized to employ such technicians as the state fire marshal may deem necessary for the proper enforcement of this chapter. The technicians may be licensed engineers or architects, subject to the approval of the governor. The employment of assistants shall be limited to funds appropriated to the division of fire prevention and available for that purpose.

(b)  Notwithstanding the provisions of this section or any other law to the contrary, with respect to child care centers, family child care homes, all as defined in § 71-3-501, if a conflict arises between the state fire marshal and any other official having concurrent jurisdiction relative to application or interpretation of the same or substantially identical building construction safety standards or fire prevention standards, then the determination of the state fire marshal shall supersede the conflicting application or interpretation by the other official having concurrent jurisdiction. The provisions of this subsection (b) shall not be construed to apply to any child care center physically located within buildings or facilities reviewed and licensed by the board for licensing health care facilities, as provided by § 68-120-101(c)(5), only as nursing homes. The provisions of this subsection (b) shall not be construed to abrogate any right of appeal granted under part 4 of this chapter.

[Acts 1947, ch. 211, § 27; C. Supp. 1950, § 5717.27; T.C.A. (orig. ed.), § 53-2539; Acts 1989, ch. 219, § 1; T.C.A., § 68-18-106; Acts 2000, ch. 981, § 66; 2003, ch. 170, § 1.]