68-120-110 - School buildings Conflicting safety codes Minimum safety standards. - Tennessee Statutes

68-120-110. School buildings Conflicting safety codes Minimum safety standards.

(a)  Notwithstanding any provision, regulation, ruling or other administrative promulgation by any agency, board, or commission of this state, or a county, municipality, or other political subdivision of this state, and notwithstanding any such promulgation by an official or employee of such agency, board or commission, the following minimum standards are established:

     (1)  In the construction of any new public or private school or other educational facility, or when additions or substantial alterations are made to an existing structure being utilized as a public or private school or other educational purpose, all auditoriums, cafetoriums, cafeterias, gymnasiums with or without spectator seating, classrooms, offices, and accessory uses normally occurring in schools or other structures utilized for educational purposes shall be deemed to be integrated architectural components of such structure and not an assemblage of different occupancies, and no fire separation with respect to such structure shall be required solely because of various related occupancies.

     (2)  Subdivision (a)(1) shall in no way affect the fire separation ratings of shafts, exits, kitchens, or boiler rooms as provided for in the Southern Building Code.

(b)  This section shall be construed as a limitation on the powers granted to governmental agencies of this state as provided for in this chapter.

(c)  Notwithstanding any other provision of law, rule or regulation to the contrary, an appeal from a decision of the state fire marshal rendered in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, concerning the applicability of building and fire safety codes to a church sanctuary or church recreational facility, shall be directed to the chancery court of the county in which the church sanctuary or church recreational facility is located, pursuant to § 4-5-322; provided, that the church facility is located within a political subdivision of the state that does not have local building codes and the facility is not used for educational or daycare purposes.

[Acts 1973, ch. 259, §§ 1, 2; T.C.A., §§ 53-2562, 68-18-110; Acts 2005, ch. 421, § 1.]