Rules & Regulations of the State of Tennessee
Title 0780 - Commerce and Insurance
Subtitle 0780-02 - Division of Fire Prevention
Chapter 0780-02-03 - Review of Construction Plans and Specifications
Section 0780-02-03-.10 - DISPUTE RESOLUTION
Universal Citation: TN Comp Rules and Regs 0780-02-03-.10
Current through September 24, 2024
(1) Disputes that arise during the plans review process shall be resolved as follows:
(a) When a dispute as to the interpretation
or applicability of a code provision arises between the owner or designer of a
project and the plans examiner, the dispute shall be submitted to the Plans
Examiner Manager of Codes Enforcement for resolution.
(b) If the owner or designer disagrees with
the decision of the Plans Examiner Manager of Codes Enforcement, the dispute
shall be submitted to the Director of Codes Enforcement for
resolution.
(c) If the owner or
designer disagrees with the decision of the Director of Codes Enforcement, the
dispute shall be submitted to the Assistant Commissioner for Fire Prevention
for resolution.
(d) If the owner or
designer disagrees with the decision of the Assistant Commissioner for Fire
Prevention, the dispute shall be submitted to the Commissioner of Commerce and
Insurance or the Commissioner's designee for resolution.
(e) If the owner or designer disagrees with
the decision of the Commissioner of Commerce and Insurance or the
Commissioner's designee, the owner or designer may elect to have the dispute
submitted to a panel of outside parties for resolution.
1. The panel of outside parties shall consist
of three (3) individuals, one (1) selected by the owner or designer, one (1)
selected by the Commissioner of Commerce and Insurance and one (1) selected by
the Executive Director of the Board of Architectural and Engineering
Examiners.
2. The members of the
panel shall have a background in architecture, engineering, plans review,
construction or building/codes inspections. Panel members shall be compensated
at a rate of one hundred fifty dollars ($150.00) per day.
3. The owner or designer seeking to have the
dispute submitted to the panel of outside parties shall submit an application
for appeal on a form provided by the Division along with an application fee of
one hundred dollars ($100.00). The owner or designer shall pay a fee of four
hundred fifty dollars ($450.00) for each day of the appeal to pay the per diem
of the panel members.
(f) At any point during this process, the
parties may agree to submit the dispute to the publisher of the code section at
issue for an opinion.
(2) Disputes that arise during the inspection process shall be resolved as follows:
(a) When
a dispute arises as to the interpretation or applicability of a code provision
between the owner, designer or contractor on a project and the Fire and
Building Code Inspector inspecting the project, and the project is being
constructed in accordance with plans and specifications approved by the
Division, the dispute shall be submitted to the Fire and Building Code
Manager.
(b) If the owner, designer
or contractor disagrees with the decision of the Fire and Building Code
Manager, the dispute shall be submitted to the Director of Codes Enforcement
for resolution.
(c) If the owner,
designer or contractor disagrees with the decision of the Director of Codes
Enforcement, the dispute shall be submitted to the Assistant Commissioner for
Fire Prevention for resolution.
(d)
If the owner, designer or contractor disagrees with the decision of the
Assistant Commissioner for Fire Prevention, the dispute shall be submitted to
the Commissioner of Commerce and Insurance or the Commissioner's designee for
resolution.
(e) If the owner,
designer or contractor disagrees with the decision of the Commissioner of
Commerce and Insurance or the Commissioner's designee, the owner, designer or
contractor may elect to have the dispute submitted to a panel of outside
parties for resolution.
1. The panel of
outside parties shall consist of three (3) individuals, one (1) selected by the
owner, designer or contractor, one (1) selected by the Commissioner of Commerce
and Insurance and one (1) selected by the Executive Director of the Board of
Architectural and Engineering Examiners.
2. The members of the panel shall have a
background in architecture, engineering, plans review, construction or
building/codes inspections. Panel members shall be compensated at a rate of one
hundred fifty dollars ($150.00) per day.
3. The owner, designer or contractor seeking
to have the dispute submitted to the panel of outside parties shall submit an
application for appeal on a form provided by the Division along with an
application fee of one hundred dollars ($100.00). The owner, designer or
contractor shall pay a fee of four hundred fifty dollars ($450.00) for each day
of the appeal to pay the per diem of the panel members.
(f) At any point during this process, the
parties may agree to submit the dispute to the publisher of the code section at
issue for an opinion.
(3) The entire dispute resolution process set forth in paragraphs (1) and (2) above shall be completed as quickly as possible, but no more than thirty (30) calendar days from the date that the dispute is first submitted for resolution, unless the dispute is submitted to the code publisher for an opinion.
(4) If there are any fees charged by the code publisher for rendering its opinion, those fees shall be paid by the owner of the project before final approval of the subject plans and specifications will be issued by the Division.
(5) Any appeal of the dispute beyond the Commissioner of Commerce and Insurance shall be submitted in accordance with the provisions of the Uniform Administrative Procedures Act, compiled at T.C.A. §§ 4-5-301 et seq., pertaining to Contested Case Hearings.
Authority: T.C.A. §§ 68-102-113, 68-120-101(a) and (d), and 68-120-401.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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