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Reviewed Date: April 17, 2017
Building codes--Municipal resolutions
Municipal government--Municipal resolutions
Resolution to Opt Out of the Statewide Building Codes
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
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.
Mayor City Recorder