2019 Tennessee Code
Title 68 - Health, Safety and Environmental Protection
Safety
Chapter 102 - Fire Prevention and Investigation
Part 1 - General Provisions
§ 68-102-117. Buildings inherently dangerous or containing inflammable matter -- Dangerous or defective conditions -- Removal or remedies -- Noncompliance with orders -- Penalties.

(a)

• (1) When any officer referenced in § 68-102-116 finds any building or other structure that for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire-extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, or constitutes any other dangerous or defective conditions, and that is situated so as to endanger life or property, and whenever such officer shall find in any building combustible or explosive matter or inflammable conditions dangerous to the safety of such buildings, the officer shall order the dangerous or defective conditions removed or remedied, and the order shall be immediately complied with by the owner or occupant of such premises or buildings, or by any architect, contractor, builder, mechanic, electrician or other person who shall be found to be responsible for the dangerous or defective conditions. Subdivision (a)(1) applies to any building or other structure that is being erected, constructed or altered, and to any building that has been erected, constructed or altered.

• (2)

  • (A) If compliance with the order is not expedient and does not permanently remedy the condition, after giving written notice, then the officer has the authority to issue a citation for the violation, requiring the person found to be responsible for the dangerous or defective conditions to appear in court at a specified date and time. In issuing a citation, the officer shall:

    • (i) Prepare a written order, which shall include the name and address of the cited person, the name of the officer issuing the citation, the offense charged, the address of the building found to be dangerous or in a defective condition and the time and place of appearance; and

    • (ii) Have the offender sign the original and duplicate copy of the citation.

  • (B) The officer shall deliver one (1) copy to the offender and retain the other.

• (3) A violation of subdivision (a)(2) is a Class B misdemeanor.

• (4) If the person cited fails to appear in court on the date and time specified, the court shall issue a bench warrant for the person's arrest.

• (5) Whenever a citation has been prepared, delivered and filed with the appropriate court, a duplicate copy of the citation constitutes a complaint to which the defendant shall answer. The duplicate copy shall be sworn to by the issuing officer before any person authorized by law to administer oaths.

• (6) Any person who intentionally, knowingly or willfully fails to appear in court on the date and time specified on the citation, or who knowingly gives a false or assumed name or address, commits a Class C misdemeanor, regardless of the disposition of the charge for which such person was originally cited. Proof that the defendant failed to appear when required constitutes prima facie evidence that the failure to appear is willful.

• (7)

  • (A) Each citation issued pursuant to this section shall have printed on it in large, conspicuous block letters the following:

    • NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE, WHICH IS PUNISHABLE BY A JAIL SENTENCE OF UP TO THIRTY (30) DAYS AND/OR A FIFTY DOLLAR ($50.00) FINE.

  • (B) Each person receiving a citation under this section shall sign this citation indicating the knowledge of the notice listed in subdivision (a)(7)(A). The signature of each person creates an inference of knowledge of the notice and inference of intent to violate this section if the person should not appear as required by the citation.

(b) In addition to any other remedy available, if an officer finds that the safety and welfare of the public may be threatened, then the officer or district attorney may file a petition for injunction in the appropriate court against any person responsible for the dangerous or defective conditions for the purpose of enjoining any such violation. It is not necessary to allege or prove that there is no adequate remedy at law.

(c) If it is found by any person, association or corporation supplying electrical energy or gas (natural, artificial or liquid petroleum) to equipment or installations in any building or structure or on any premises located in this state, or if it is found by any official making an inspection pursuant to this chapter that such facilities or equipment are defective so as to be especially liable to fire or hazard to life and property, or to have been installed in violation of laws or regulations, then such person, association or corporation may discontinue the supplying of such electrical energy or gas until the defective or unlawful conditions have been corrected.

(d) A supplier of electrical energy or gas to such installations having defective or unlawful conditions, as defined in this section or enumerated by a written report of any official making an inspection pursuant to this chapter, shall be furnished a copy of any order or orders issued by an official or inspector insofar as such order or orders relate to the supplier, electrical defects to electrical suppliers, and gas defects to gas suppliers. If the defective or unlawful conditions have not been corrected within the thirty-day period, then such suppliers, either electrical or gas, shall discontinue service until the defective or unlawful conditions have been corrected. Any person, firm, association or corporation failing to comply with such notice or order shall be liable to the penalties provided in this chapter.