(a)

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Terms Used In Tennessee Code 68-126-305

  • Approved inspection agency: means a person, organization or local government approved by the commissioner to be especially qualified by reason of facilities, personnel, experience, and demonstrated reliability, to investigate, test, evaluate and inspect modular building units, systems, or the component parts of modular building units together with the plans, specifications, and quality control procedures to ensure that such units, systems, or component parts are in full compliance with the standards adopted by the commissioner pursuant to this part and to label such units complying with those standards. See Tennessee Code 68-126-303
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 68-126-303
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of commerce and insurance. See Tennessee Code 68-126-303
  • Installation: means the assembly of modular building units on-site and/or the process of affixing modular building-related components to land, a foundation, footings, utilities, or an existing building. See Tennessee Code 68-126-303
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Modular building unit: means a structural unit, or preassembled component unit, including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building. See Tennessee Code 68-126-303
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Structure: means any building or improvement and its components, systems, fixtures, and appurtenances at the time of completion or construction. See Tennessee Code 68-126-303
(1) The commissioner shall enforce and administer this part.
(2) The commissioner shall promulgate such rules and regulations as the commissioner finds necessary to carry out this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(3) The commissioner is authorized to require licenses of manufacturers, dealers, and any other person involved in the construction, installation, sale or lease of a modular building unit, and to set reasonable fees and conditions for such licenses.
(b) In addition to any other powers conferred on the commissioner by law, the commissioner may:

(1) Prescribe all forms required to be filed pursuant to this part;
(2) Establish a schedule of fees to pay the cost incurred by the department for the administration and enforcement of this part;
(3) Appoint and employ such personnel as are necessary to carry out the duties imposed upon the commissioner by this part;
(4) Delegate inspection authority under this part, by contract or other agreement, to local governments, private persons, corporations, associations, and agencies of other states, as an approved inspection agency; and
(5) Assess civil penalties not to exceed five thousand dollars ($5,000) for each violation of this part.
(c) If a modular building is manufactured, sold, or installed in violation of this part, the commissioner may require:

(1) The manufacturer, dealer, or installer in violation of this part to provide the commissioner with as-built plans to be evaluated and approved by the commissioner for compliance with state building codes;
(2) The manufacturer, dealer, or installer in violation of this part to make available for inspection any components and concealed spaces of the structure and to repair any damages made when making the components and concealed spaces available for inspection;
(3) Inspections to be made during the remanufacturing process and may require that concealed spaces be opened or made accessible as necessary to determine that components comply with state building codes; and
(4) The manufacturer, dealer, or installer to be responsible for all costs or expenses incurred pursuant to this subsection (c).
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