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Municipal Technical Advisory Service (MTAS)

Building Codes

Reference Number: MTAS-823
Reviewed Date: 12/16/2022

Any municipality may adopt by reference any code or portion of any compilation of "rules and regulations that have been prepared by various technical trade associations and shall include specifically, but not be limited to, building codes; plumbing codes; electrical wiring codes;" and others, without setting forth such codes in full. T.C.A. §§ 6-54-501, 502. At least one (1) copy of the code must be kept on file in the office of the clerk or recorder and be available for public use, inspection, and examination. The code must be filed with the clerk or recorder at least fifteen (15) days prior to its adoption. T.C.A. § 6-54-502.

Except when a municipal governing body by a vote of at least two thirds of its total membership elects not to incorporate by reference any specific change or amendment, the municipal governing body shall incorporate by reference all such subsequent changes and amendments thereof, properly identified as to date and source, as may be adopted by the agency or association that promulgated the code (such as the International Code Council for the I-Codes). This requirement may be satisfied by having the designated municipal code administrative official adopt administrative regulations that incorporate by reference such subsequent changes and amendments thereof, properly identified as to date and source, as may be adopted by the agency or association that promulgated the code. All such amendment must be filed with the clerk or recorder 15 days before becoming effective. T.C.A. § 6-54-502.

Any administrative regulations that incorporate building code amendments by reference shall become effective upon the expiration of ninety (90) calendar days or after the second official meeting of the municipal governing body following the publication of the regulations, whichever is later, unless within that period of time a resolution disapproving such administrative regulation has been adopted by the municipal governing body. T.C.A. § 6-54-502.

A county that has adopted building codes under T.C.A. §§ 5-20-101 et seq., is authorized to enforce said codes in incorporated cities and towns within the county "that do not elect, now or hereafter, to adopt their own codes regulating the same subject areas." T.C.A. § 5-20-106.