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Resolution to Opt Out of the Statewide Building Codes

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Reviewed Date: April 17, 2017

Original Author: 
Broughton, Jeff
Date Created: 
Dec 19, 2016


Subjects:
Building codes--Municipal resolutions
Fire--Codes
Fire--Municipal resolutions
Municipal government--Municipal resolutions

Resolution to Opt Out of the Statewide Building Codes

Summary: 
A a resolution to opt out of the statewide building codes enforced by the State Fire Marshal pursuant to the 2009 energy code legislation.

Knowledgebase-A Resolution to Opt Out of the Statewide Building Codes

RESOLUTION NO. ______


A RESOLUTION TO EXEMPT THE CITY/TOWN OF ________________ FROM APPLICABILITY OF STATEWIDE BUILDING CONSTRUCTION SAFETY STANDARDS IN ONE-FAMILY AND TWO-FAMILY DWELLINGS WITHIN ITS JURISDICTION.


WHEREAS, Public Chapter No. 529 of the 2009 Public Acts, also known as the “Tennessee Clean Energy Future Act of 2009”, requires the State Fire Marshal to adopt and enforce statewide building construction and safety standards in jurisdictions who do not adopt and adequately enforce codes meeting the state’s minimum standards; and

WHEREAS, Tennessee Code Annotated § 68-120-101(b)(1)(B) authorizes a municipality to, by a two-thirds (2/3) vote, adopt a Resolution to exempt the municipality from application of statewide standards for one-family and two-family dwellings within its jurisdictional boundaries; and

WHEREAS, An opt-out Resolution adopted pursuant to Tennessee Code Annotated § 68-120-101(b)(1)(B) expires one hundred eighty (180) days following the date of the next election of the governing body after its passage; and

WHEREAS, The State Fire Marshal has, via Rules of the Departments of Commerce and Insurance, Division of Fire Protection, Chapter 0780-02-23, adopted the 2009 edition of the International Residential Code with various amendments; and

WHEREAS, the (governing body) of the City/Town of desires to exempt the applicability of statewide building construction safety standards within its jurisdictional boundaries; now, therefore:

BE IT RESOLVED BY THE (GOVERNING BODY) OF THE CITY/TOWN OF _______________ THAT:

SECTION 1. Pursuant to Tennessee Code Annotated § 68-120-101(b)(1)(B) the City/Town of ____________ elects to exempt the applicability of the statewide building construction safety standards in one-family and two-family dwellings within its jurisdictional boundaries.

SECTION 2. The exemption enacted by Section 1 of this resolution shall expire one hundred eighty (180) days following the date of the election for the local legislative body next occurring following the adoption of this resolution1. [A municipality may elect an earlier expiration date.]

SECTION 3. The City Recorder shall transmit a copy of this Resolution to the State Fire Marshal upon its passage.

SECTION 4. This resolution takes effect from and after its passage, the welfare of the City/Town of _______________ requiring it.

Adopted: _____________________


_____________________________________ _________________________________
Mayor City Recorder


Attachment(s):

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MTAS letters and publications were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.