Legal Documents of Rocky Top

Every qualifying property owner desiring to operate a short-term rental unit shall submit an application for an operating permit for each unit to the city recorder or his/her designee. In addition to the information required by the application itself, the city recorder or his/her designee may request other information reasonably required to allow the city to process the application. The permit application shall not be considered complete until the city recorder has all information as required by the application or otherwise and a fire inspection of the premises is completed. Each application shall contain at the least all of the following information.

1. Applicant must acknowledge that they have read all regulations pertaining to the operation of a short-term rental unit within the City of Rocky Top, including this section, the city/county business license requirements, the city's occupancy privilege tax requirements, any additional administrative regulations promulgated or imposed by the city to implement this section, and acknowledging responsibility for compliance with the provisions of this chapter.

2. Applicant must submit an Affidavit of Life Safety Compliance acknowledging that during each short-term rental unit occupancy, the rental unit shall have on the premises, and installed to manufacturer specifications:

   1. A smoke alarm meeting Underwriters Laboratory (UL) 217 standards inside each sleeping room, outside of and within fifteen feet (15') of sleeping rooms, and on each story of the dwelling unit, including basements;
   2. A carbon monoxide detector within fifteen feet (15') of all bedrooms; and
   3. A five (5) pound ABC fire extinguisher and the fire extinguisher shall have a third party certification tag.

   Every smoke and carbon monoxide alarm must function properly with the alarm sounding after pushing the test button and the fire extinguisher must be operational. It shall be unlawful to operate a short-term rental unit without a smoke alarm, carbon monoxide detector, and fire extinguisher as required by this section. The affidavit must also specifically include the number, locations, and operation of the required life safety equipment for the short-term rental unit. This equipment will be subject to verification or inspection before the initial permit is issued, at all other reasonable times upon reasonable notice, and such other times as any safety incident concerning the rental unit is reported to the city.

3. If a lessee is operating a short-term rental unit, the lessee shall provide:
   
   1. The full legal name of the owner of the short-term rental unit;
   2. The mailing address, email address, and telephone number(s) of the owner; and
   3. The owner's signature acknowledging the owner's understanding of all city short-term rental unit rules and verifying the owner's agreement that they are legally responsible and liable for compliance by the lessee and all occupants of the short-term rental unit with all provisions of this section and other applicable ordinances of the city.
4. Applicant must designate a person who shall be available twenty- four (24) hours per day, seven (7) days per week for the purpose of:
   
   1. Being able to physically respond, as necessary, within two (2) hours of notification of a complaint regarding the condition, operation, or conduct of occupants of the short-term rental unit; and
   2. Taking any remedial action necessary to resolve any such complaints. This contact person may be the owner, a lessee, or the owner's agent.
5. Applicant must provide the full legal name, street and mailing addresses, email address, and telephone number of the owner of the short-term rental unit, and in cases where a business entity or trust is the owner of the property, the individual who has responsibility for overseeing the property on behalf of the business entity or trust, including the mailing address, email address, and telephone number of the individual having such responsibility. If the owner of a short-term rental unit is a business entity, the business must submit documentation to demonstrate that the business is in good standing with the Tennessee Secretary of State.
6. Applicant and owner (if different) must acknowledge in writing that in the event a permit is approved and issued, applicant and owner (if different) assume all risk and indemnify, defend and hold the city harmless concerning the city's approval of the permit, the operation and maintenance of the short-term rental unit, and any other matter relating to the short-term rental unit. Proof of insurance (fire, hazard, liability) shall be submitted annually to the City Recorder and shall remain in effect for the length of the operation of the short-term rental property.
7. Applicant must provide a valid Anderson County/Campbell County and City of Rocky Top Business License prior to the issuance or renewal of the short-term rental permit. For short-term rental units that were in operation prior to enactment of this ordinance, proof that applicant remitted taxes due on renting the short-term rental unit, pursuant to Tennessee Code Annotated, title 67, chapter 6, part 5 for filing periods that cover at least six (6) months within the twelve (12) month period immediately preceding the date this ordinance is adopted.
8. Applicant and owner (if different) shall maintain a guest log which shall include the number of guests and the dates they occupied the property. (Ord. #594, Oct. 2024)