LegalFix

§ 68-11-236. Fire safety in assisted-care living facilities.

TN Code § 68-11-236 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) The term “facility” as used in this section means any assisted-care living facility, as that term is defined in § 68-11-201.

(b) No later than one hundred twenty (120) days after July 1, 2004, any licensed facility that is not fully sprinklered as of July 1, 2004, must provide electronically operated smoke detectors with battery back-up power operating at all times in, at least, sleeping rooms, day rooms, corridors, laundry rooms, and any other hazardous areas.

(c) Any facility that is not fully sprinklered as of July 1, 2004, must submit to the department of health a sprinkler plan for the full sprinklering of the facility.

(1) If the facility provides resident care above the ground floor, the facility must submit the sprinkler plan no later than six (6) months from July 1, 2004.

(2) If the facility provides resident care only on the ground floor, the facility must submit the sprinkler plan no later than eleven (11) months from July 1, 2004.

(3) Any facility that submitted a sprinkler plan to the department prior to July 1, 2004, shall not be required to resubmit its plan.

(d) The department of health must review and approve or disapprove any sprinkler plan for a facility within thirty (30) days of the plan being submitted by or on behalf of the facility. Any sprinkler plan for a facility submitted prior to July 1, 2004, must be reviewed and approved or disapproved by the department no later than August 1, 2004.

(e) If the department disapproves a sprinkler plan submitted by or on behalf of a facility, that facility or the facility's contractor shall promptly resubmit the plan with any needed corrections or clarifying information. Once resubmitted, the department of health must review and approve or disapprove of the plan no later than thirty (30) days after the plan is resubmitted.

(f) A licensed facility that is not fully sprinklered as of July 1, 2004, shall become fully sprinklered in accordance with the following compliance dates:

(1) If the facility provides resident care above or below the ground floor, the facility must complete installation of sprinklers within twelve (12) months from July 1, 2004, or twelve (12) months from the date of approval of its sprinkler plan, whichever is later.

(2) If the facility provides resident care only on the ground floor, the facility must complete installation of sprinklers within eighteen (18) months from July 1, 2004, or eighteen (18) months from the date of approval of its sprinkler plan, whichever is later.

(3) A facility may request that the department extend its timeframe for installation of sprinklers, if the water service supplied by the local water utility or municipality is insufficient to operate the sprinkler system.

(g) A facility not fully sprinklered as of July 1, 2004, may choose to completely replace the facility as an alternative to complying with subsection (f). If the facility elects to do so, the new facility must be constructed according to building plans that have been approved by the department of health, and must be in construction beyond the footing stage no later than three (3) years after July 1, 2004.

(h) On and after July 1, 2004, the department of health shall not issue a license to any new facility, unless that facility is fully sprinklered and provides a smoke detector in each resident room prior to licensure.

(i) Failure to comply with this section shall be grounds for discipline or licensure action, or both, by the board pursuant to § 68-11-207. Any facility that fails to comply with the requirements and timeframes of this section may be required to appear before the board to explain its noncompliance.

(j) At least once per year, each licensed facility shall coordinate a fire drill with its local fire department. The local fire department shall observe the fire drill and provide input to the facility relative to the fire safety of the facility.

(k) This section shall control to the extent that any existing law is in conflict with this section.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 68-11-236. Fire safety in assisted-care living facilities.