68-120-109 - Abatement of violations. - Tennessee Statutes

68-120-109. Abatement of violations.

(a)  The imposition of penalties prescribed in this section do not preclude the state fire marshal from proceeding in accordance with § 68-102-117 or other provisions of chapter 102, part 1 of this title, for the purpose of preventing an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises, or to prevent illegal business or use in or about any premises.

(b)  The provisions of this section are applicable to public elementary or secondary schools, and to county or municipal jails.

     (1)  When the state fire marshal finds that a public elementary or secondary school or county or municipal jail contains serious life safety hazards, life-threatening conditions, or potentially hazardous violations, the state fire marshal shall notify the responsible local officials in writing. The notification shall include:

          (A)  A list of the discovered deficiencies according to their relative seriousness; and

          (B)  A requirement that the local officials submit a plan for the correction of such deficiencies within sixty (60) days after receipt of such notification, or such longer period of time as may be granted by the state fire marshal. The state fire marshal shall establish a priority list for the correction of such deficiencies to meet state standards.

     (2)  The state fire marshal shall assist the local officials in establishing and implementing the plan based on such priority list subject to the provisions of subdivisions (b)(3) and (4).

     (3)  If the plan submitted by the local officials is approved by the state fire marshal, the state fire marshal shall assist them in implementing the plan.

     (4)  If the plan submitted by the local officials is rejected by the state fire marshal, the local officials may file a petition for appeal of the state fire marshal's decision in accordance with § 68-120-403, to the board of appeals for schools and jails.

     (5)  Except where an immediate threat to the safety of the occupants requires emergency action, the state fire marshal may not institute proceedings to close a public elementary or secondary school or county or municipal jail, unless the state fire marshal furnishes the written notice required by subdivision (b)(1) and the responsible local officials:

          (A)  Submit no plan for correction of the cited deficiencies within the allotted time;

          (B)  Fail to carry out the terms of an approved plan;

          (C)  Do not timely file a petition for appeal of the state fire marshal's rejection of their proposed plan; or

          (D)  Timely file a petition for appeal of the state fire marshal's rejection of their proposed plan, and the board of appeals for schools and jails disposes of the petition in the state fire marshal's favor.

[Acts 1947, ch. 211, § 30; C. Supp. 1950, § 5717.30; T.C.A. (orig. ed.), § 53-2542; Acts 1985, ch. 192, §§ 1, 2; T.C.A., § 68-18-109.]