Boards and Commissions

SENATE BILL 2470
By Bailey

HOUSE BILL 2334
By Butler
HB2334
011718
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 62 and Title 68, relative to state entities.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 4-3-1304(a), is amended by inserting
the following new subdivisions:
( ) Elevator and amusement device safety board;
( ) Board of boiler rules;
SECTION 2. Tennessee Code Annotated, Section 4-29-249(a)(17), is amended by
deleting the subdivision and substituting:
(17) Elevator and amusement device safety board, created by § 62-14-102;
SECTION 3. Tennessee Code Annotated, Section 4-29-249(a)(6), is amended by
deleting the subdivision and substituting:
(6) Board of boiler rules, created by § 62-15-101;
SECTION 4. Tennessee Code Annotated, Title 68, Chapter 121, is amended by
deleting the chapter.
SECTION 5. Tennessee Code Annotated, Title 62, is amended by adding the following
as a new chapter:
62-14-101. Chapter definitions.
As used in this chapter, unless the context otherwise requires:
(1) "Aerial passenger tramways" means recreational transportation of
passengers on devices that are referred to by the following names:
(A) Reversible aerial tramways.

- 2 - 011718

(i) That class of aerial passenger tramways and lifts in
which the passengers are transported in carriers and are not in
contact with the ground or snow surface, and in which the carriers
reciprocate between terminals;
(ii) Single-reversible tramways. That type of reversible
aerial tramway that has a single carrier, or single group of carriers,
that moves back and forth between terminals on a single path of
travel, and is sometimes called a "to-and-fro" aerial tramway; and
(iii) Double-reversible tramways. That type of reversible
aerial tramway that has two (2) carriers, or two (2) groups of
carriers, that oscillate back and forth between terminals on two (2)
paths of travel and is sometimes called a "jig-back" tramway;
(B) Aerial lifts and ski mobiles.
(i) That class of aerial passenger tramways and lifts in
which the passengers are transported in carriers and are not in
contact with the ground or snow surface and in which the carriers
circulate around a closed system and are activated by a wire rope
or chain. The carriers usually make U-turns in the terminals and
move along generally parallel and opposing paths of travel. The
carriers may be open or enclosed cabins, cars, or platforms. The
carriers may be fixed or detachable;
(ii) Gondola lifts. That type of lift where the passengers
are transported in open or enclosed cabins. The passengers
embark and disembark while the carriers are stationary or moving
slowly under a controlled arrangement;

- 3 - 011718

(iii) Chair lifts. That type of lift where the passengers are
transported in chairs, either open or partially enclosed;
(iv) Ski Mobiles. That type of lift where the passengers
are transported in open or enclosed cars that ride on a rigid
structural system and are propelled by a wire rope or chain; and
(v) Similar equipment. Lifts that utilize carrier
configurations not specified in subdivision (1)(B)(ii), (1)(B)(iii), or
(1)(B)(iv), but do not require that the passenger remain in contact
with the ground or snow surface;
(C) Surface lifts.
(i) That class of conveyance where the passengers are
propelled by means of a circulating overhead wire rope while
remaining in contact with the ground or snow surface.
Transportation is limited to one (1) direction. Connection between
the passengers and the wire rope is by means of a device
attached to and circulating with the haul rope known as a "towing
outfit";
(ii) T-bar lifts. That type of lift where the device between
the haul rope and passengers forms the shape of an inverted "T,"
propelling passengers located on both sides of the stem of the "T";
(iii) J-bar lifts. That type of lift where the device between
the haul rope and passenger is in the general form of a "J,"
propelling a single passenger located on the one (1) side of the
stem of the "J";

- 4 - 011718

(iv) Platter lifts. That type of lift where the device
between the haul rope and passenger is a single stem with a
platter or disc attached to the lower end of the stem, propelling the
passenger astride the stem of the platter, or disc; and
(v) Similar equipment. Lifts that utilize towing device
configurations not specified in subdivision (1)(C)(ii), (1)(C)(iii), or
(1)(C)(iv), but require that passengers remain in contact with the
ground or snow surface, and conform to the general description of
this subdivision (1); and
(D) Tows.
(i) That class of conveyance where the passengers grasp
the circulating haul rope, a handle attached to the circulating haul
rope, or attach a gripping device to the circulating haul rope and
are propelled by the circulating haul rope. The passengers remain
in contact with the ground or snow surface. The upward-traveling
haul rope remains adjacent to the uphill track of the passengers
and at an elevation that permits them to maintain their grasp on
the haul rope, handle, or gripping device throughout that portion of
the tow length that is designed to be traveled;
(ii) Fiber rope tow. A tow having a fiber, natural, or
synthetic haul rope; and
(iii) Wire rope tow. A tow having a metallic haul rope;
(2) "Alteration" means any change or addition to the equipment other
than ordinary repairs or replacement;
(3) "Amusement device":

- 5 - 011718

(A) Means any mechanical or structural device that carries or
conveys a person, or that permits a person to walk along, around, or over
a fixed or restricted route or course or within a defined area, including the
entrances and exits to the device, for the purpose of giving persons
amusement, pleasure, thrills, or excitement;
(B) Includes, but is not limited to:
(i) Roller coasters, Ferris wheels, merry-go-rounds,
glasshouses, and walk-through dark houses;
(ii) Any dry slide over twenty feet (20') in height, excluding
water slides; and
(iii) Any portable tram, open car, or combination of open
cars or wagons pulled by a tractor or other motorized device,
except hay rides, those used solely for transporting patrons to and
from parking areas, or those used for guided or educational tours,
but that do not necessarily follow a fixed or restricted course; and
(C) Does not include the following:
(i) Devices operated on a river, lake, or any other natural
body of water;
(ii) Wave pools;
(iii) Roller skating rinks;
(iv) Ice skating rinks;
(v) Skateboard ramps or courses;
(vi) Mechanical bulls;
(vii) Buildings or concourses used in laser games;
(viii) All-terrain vehicles;

- 6 - 011718

(ix) Motorcycles;
(x) Bicycles;
(xi) Mopeds;
(xii) Go karts;
(xiii) Bungee cord or similar elastic device;
(xiv) An amusement device that is owned and operated by
a nonprofit religious, educational, or charitable institution or
association, if the device is located within a building subject to
inspection by the state fire marshal or by any political subdivision
of this state under its building, fire, electrical, and related public
safety ordinances;
(xv) An amusement device that attaches to an animal so
that while being ridden, the path of the animal is on a fixed or
restricted path;
(xvi) Climbing walls; and
(xvii) Seasonal haunted houses that are open no more
than three (3) months in a calendar year;
(4) "Board" means the elevator and amusement device safety board,
created by § 62-14-102;
(5) "Commissioner" means the commissioner of commerce and
insurance;
(6) "Complete elevator, dumbwaiter, or escalator" means any elevator,
dumbwaiter, or escalator for which the plans and specifications and the
application for the construction permit required by § 62-14-108 are filed on or
after the effective date of the application of the rules adopted by the board as

- 7 - 011718

provided in § 62-14-103(a)(2). All other elevators, dumbwaiters, and escalators
are deemed to be existing installations;
(7) "Department" means the department of commerce and insurance;
(8) "Dormant elevator, dumbwaiter, or escalator" means an elevator or
dumbwaiter whose cables have been removed, whose car and counterweight
rest at the bottom of the shaftway, and whose shaftway doors are permanently
boarded up or barricaded on the inside, or an escalator whose main power feed
lines have been disconnected;
(9) "Dumbwaiter" means a hoisting and lowering mechanism equipped
with a car that moves in guides in a substantially vertical direction, the floor area
of which does not exceed nine square feet (9 sq. ft.), whose total compartment
height does not exceed four feet (4'), the capacity of which does not exceed five
hundred pounds (500 lbs.), and that is used exclusively for carrying freight.
"Dumbwaiter" does not include a dormant dumbwaiter;
(10) "Elevator" means a hoisting and lowering mechanism equipped with
a car or platform that moves in guides in a substantially vertical direction and that
serves two (2) or more floors of a building, including stairway-inclined lifts and
platform lifts, for transportation of handicapped persons;
(11) "Escalator" means a moving inclined continuous stairway or runway
used for raising or lowering passengers;
(12) "Freight elevator" means an elevator used primarily for carrying
freight and on which only the operator and the persons necessary for loading and
unloading are permitted to ride;

- 8 - 011718

(13) "Moving walks" means a moving runway for transporting
passengers, where the passenger transporting surface remains parallel to its
direction of motion and is uninterrupted;
(14) "Operator" means a person or the agent of a person who owns or
controls, or has the duty to control, the operation of an amusement device or
related electrical equipment;
(15) "Owner" means a person that owns, leases, controls, or manages
the operations of an amusement device and may include this state or any
political subdivision of this state;
(16) "Passenger elevator" means an elevator that is used to carry
persons other than the operator and persons necessary for loading and
unloading;
(17) "Qualified inspector" means any person who is:
(A) Found by the commissioner to possess the requisite training
and experience in respect to amusement devices to perform competently
the inspections required by this chapter;
(B) Certified by the National Association of Amusement Ride
Safety Officials (NAARSO) to have and maintain at least a level one (1)
certification;
(C) Is a member of, and certified by, the Amusement Industry
Manufacturing and Suppliers (AIMS); or
(D) Is a member of, and certified by, the Association for
Challenge Course Technology (ACCT);
(18) "Related electrical equipment" means any electrical apparatus or
wiring used in connection with amusement devices;

- 9 - 011718

(19) "Safety rules" means the rules governing rider conduct on an
amusement device pursuant to § 62-14-124;
(20) "Serious incident" means any single incident where any person is
immediately transported to a licensed off-site medical care facility for treatment of
an injury as a result of being on, or the operation of, the amusement device; and
(21) "Serious physical injury" means a patron's personal injury
immediately reported to the owner or operator as occurring on an amusement
device and that results in death, dismemberment, significant disfigurement, or
other significant injury that requires immediate in-patient admission and twenty-
four-hour hospitalization under the care of a licensed physician for other than
medical observation.
62-14-102. Creation of elevator and amusement device safety board — Members
— Terms — Expenses — Reporting of technical issues.
(a)
(1) There is created the elevator and amusement device safety board,
consisting of eight (8) members appointed by the governor. The focus and
experience of five (5) members of the board is on elevator safety, the focus and
experience of two (2) members is on amusement device safety, and the focus
and experience of one (1) member is on amusement device safety, representing
the interests of the traveling amusement device business, inflatables, challenge
courses, or the commercial sale or rental of amusement devices. The initial
appointments for two (2) of the members whose focus is amusement device
safety is as follows: one (1) member is appointed for a term of three (3) years
and one (1) member is appointed for a term of four (4) years. The term of the
member representing the interests of the traveling amusement device business,

- 10 - 011718

inflatables, challenge courses, or the commercial sale or rental of amusement
devices is for four (4) years. At the expiration of the respective terms of each
member of the board, a successor, identifiable with the same focus as provided
in this section, is appointed for a term of four (4) years. The term or appointment
of any person who is a member of the elevator and amusement device safety
board continues until the person's term expires and successors are appointed.
(2) Upon the death, resignation, or incapacity of any member, the
governor shall fill the vacancy for the remainder of the unexpired term, with a
representative of the same focus and experience as that of the member's
predecessor.
(3) Of the five (5) appointed members whose focus and experience is
elevator safety, one (1) is a representative of the owners and lessees of
elevators within this state; one (1) is a representative of the manufacturers of
elevators used within this state; one (1) is a representative of an insurance
company authorized to insure the operation of elevators in this state; and two (2)
are representatives of the public at large.
(4) The appointed member whose focus is traveling amusement device
safety represents the interests of the traveling amusement device business.
(5) Of the two (2) appointed members whose focus is amusement device
safety: one (1) member represents the interest of the Tennessee Fair
Association, and one (1) member represents the interests of the fixed
amusement device business and must be NAARSO or AIMS certified. All
members of the board must be residents of this state.
(b) Five (5) members of the board constitute a quorum.

- 11 - 011718

(c) The members of the board do not receive compensation for their services,
but must be reimbursed for their actual and necessary expenses incurred in the
performance of their official duties in accordance with subsection (d).
(d) All reimbursement for travel expenses must be in accordance with the
comprehensive travel regulations as promulgated by the department of finance and
administration and approved by the attorney general and reporter.
(e) All technical issues concerning elevators, dumbwaiters, escalators, aerial
passenger tramways, and amusement devices must be heard by the elevator and
amusement device safety board, which shall report findings and recommendations to the
commissioner or commissioner's designee for final disposition.
62-14-103. Duties and powers of board — Rules.
(a) The board shall license elevator inspectors pursuant to this chapter, and
shall consult with engineering authorities and organizations studying and developing
safety codes, including the American Standards Association. The board shall determine
what rules governing the qualifications, training, and duties of elevator operators, the
operation, maintenance, construction, alteration, and installation of elevators,
dumbwaiters, and escalators, and the inspection of new and existing installations are
adequate, reasonable, and necessary to provide for the safety of persons and property,
and to protect the public welfare, and upon such determination shall promulgate, amend,
or repeal rules:
(1) For the maintenance and operation of all elevators, dumbwaiters, and
escalators;
(2) For the construction of new elevators, dumbwaiters, and escalators;
(3) For the alteration of existing elevators, dumbwaiters, and escalators;

- 12 - 011718

(4) Prescribing minimum safety requirements for all existing elevators,
dumbwaiters, and escalators; and
(5) Prescribing the fees for construction permits, operating permits,
acceptance inspections, initial inspections, and periodic inspections for new and
existing elevators, dumbwaiters, and escalators.
(b) The elevator safety board is also vested with the duty, power, authority, and
responsibility to regulate aerial passenger tramways and moving walks in the same
manner as provided in this chapter for elevators, dumbwaiters, and escalators.
(c) Any new technology, as defined in the adopted version of the Elevator Safety
Code, as such code is defined in Tenn. Comp. R. & Reg. 0800-3-4-01(7), is authorized
for use under this chapter; provided, that such technology meets the latest published
standards of the American Society of Mechanical Engineers Safety Code for Elevators
and Escalators.
(d) The elevator and amusement device safety board has the following powers
related to amusement device safety in addition to those related to elevators,
dumbwaiters, escalators, and aerial passenger tramways pursuant to subsections (a)-
(c):
(1) To consult with engineering authorities and organizations that are
studying and developing amusement device safety standards;
(2) To adopt rules governing the owner's duty of reasonable care for the
installation, assembly, disassembly, repair, maintenance, use, testing, operation,
and inspection of amusement devices. The board has the authority to adopt a
safety code. In promulgating the amusement device safety code of rules, the
board may consider any existing or future American Society for Testing and

- 13 - 011718

Materials (ASTM) safety standards affecting amusement devices, or any other
nationally acceptable standard; and
(3) To make recommendations to the commissioner concerning the
board's findings on safety issues related to amusement devices.
(e) Any rules promulgated under this section must be of a reasonable nature,
and based upon generally accepted engineering standards, formulas, and practices, and
insofar as is practicable and consistent with this chapter, must be uniform with the rules
promulgated in other states. The rules must be promulgated in accordance with the
Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
62-14-104. Powers and duties of department.
(a) Except where otherwise provided, the department shall enforce this chapter
and the rules promulgated by the board.
(b) The department shall exercise enforcement over moving walks in the same
manner and to the same extent as provided in this chapter for elevators, dumbwaiters,
and escalators.
(c) The commissioner shall promulgate rules necessary to administer this
chapter, including rules for the reporting of any fatalities or serious physical injuries
incurred from the operation of amusement devices, or specifically related electrical
equipment, and the subsequent inspection of the amusement devices and related
electrical equipment. The rules must be promulgated in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5.
62-14-105. Registration of elevators, dumbwaiters, and escalators.
Within sixty (60) days after the date of the promulgation of rules by the board
under § 62-14-103, the owner or lessee of every existing elevator, dumbwaiter, and
escalator shall register with the department each elevator, dumbwaiter, or escalator

- 14 - 011718

owned or operated by such owner or lessee, giving type, contract load and speed, name
of the manufacturer, its location and the purpose for which it is used, and such other
information as the department may require. The registration must be made on a form to
be furnished by the department on request. Elevators, dumbwaiters, and escalators
whose erection is begun subsequent to the date of adoption, but prior to the effective
date of the rules adopted under § 62-14-103, must be registered with the department
within seven (7) days after they are completed and placed in service.
62-14-106. Schedule for inspecting and testing of elevators, dumbwaiters, and
escalators — Report of inspections — Failure to file report.
All new, altered, and existing elevators, dumbwaiters, and escalators, except
dormant elevators, dumbwaiters, and escalators, must be tested and inspected in
accordance with the following schedule:
(1) Initial inspection test of new or altered installations. Every new
or altered elevator, dumbwaiter, and escalator must be inspected and tested in
conformity with the applicable rules adopted by the board before the operating
permit, required by § 62-14-107, is issued. The inspections and tests must be
made under the supervision of an elevator inspector licensed and employed by
this state;
(2) Initial inspection of existing elevators, dumbwaiters, and
escalators. The owner or lessee of every existing passenger elevator or
escalator shall cause such passenger elevator or escalator to be inspected within
three (3) months, and the owner or lessee of every existing freight elevator or
dumbwaiter shall cause such freight elevators or dumbwaiter to be inspected
within six (6) months after the effective date of the rules adopted by the board
under § 62-14-103, except that the commissioner may, at the commissioner's

- 15 - 011718

discretion, extend the time specified in this subdivision (2) for making such
inspections;
(3) Periodic inspections. The owner or lessee shall cause an
inspection of every passenger elevator, dumbwaiter, escalator, and freight
elevator to be made periodically every sixth calendar month, following the month
in which the initial inspection required by subdivision (1) or (2) has been made;
provided, that, any such inspection of either a passenger elevator, dumbwaiter,
escalator, or freight elevator may be made within the first fifteen (15) days of the
month following the calendar month during which such inspection is due. The
inspections required by subdivisions (2) and (3) must be made only by elevator
inspectors who have been licensed in accordance with § 62-14-110;
(4) Required inspections. The inspections required by subdivisions (1)-
(3) are required inspections;
(5)
(A) Report of inspections. A report of every required inspection
must be filed with the department by the inspector making the inspection
on a form approved by the department within twenty (20) days after the
inspection or test has been completed. For the inspections required by
subdivisions (1)-(3), the report must include all information required by the
department to determine whether the elevator, dumbwaiter, or escalator
is in a safe operating condition and whether the owner or lessee of the
elevator or escalator has complied with those rules adopted by the board
under § 62-14-103 that are applicable;
(B) For the inspection required by subdivision (1), the report must
indicate whether the elevator, dumbwaiter, or escalator has been installed

- 16 - 011718

in accordance with the permit issued by the department, and meets the
requirements of the applicable rules adopted by the board under § 62-14-
103;
(6) Failure to file report of inspection with department. If the report
required by subdivision (5) is not filed with the department within twenty (20)
days after the final date when the elevator, dumbwaiter, escalator, or moving
walk should have been inspected, as required by subdivisions (2) and (3), then
the commissioner shall designate a licensed inspector in the employ of this state
to make the inspection and to report to the department. For each such
inspection and report made at the direction of the commissioner, the owner or
lessee of the elevator, dumbwaiter, escalator, or moving walk shall pay to the
department an inspection fee of a minimum of twenty-five dollars ($25.00) with a
maximum of one hundred fifty dollars ($150), such fees to be charged as
adopted by the board under § 62-14-103(a)(5). The fees must be paid directly to
the department, must not be paid to the inspector, and is the only fee for which
the owner or lessee is liable under this chapter for the inspections required by
subdivisions (2) and (3); and
(7) Additional inspections. In addition to such required inspections, the
commissioner may designate a licensed inspector in the employ of this state to
make such additional inspections as may be required to enforce this chapter and
the rules adopted by the board under § 62-14-103.
62-14-107. Operating permits.
(a) It is unlawful to operate any elevator, dumbwaiter, or escalator without a valid
operating permit issued in accordance with this section. If an inspection report indicates
compliance with this chapter, the commissioner shall issue an operating permit to the

- 17 - 011718

owner or lessee of such elevator, dumbwaiter, or escalator; provided, that permits must
not be issued if the fees required by § 62-14-106 have not been paid. The operating
permit is issued for the period covered by the inspection required by § 62-14-106(1) and
(2), must state the contract load and speed for such elevator, dumbwaiter, or escalator,
and must be posted conspicuously in the car or cage or in the platform of the elevator
and on or near the dumbwaiter or escalator. The operating permit may be extended by
endorsement of the commissioner or the commissioner's duly appointed agent after
each periodic inspection required by § 62-14-106(3).
(b) If the inspection report required by § 62-14-106 indicates failure of
compliance with applicable rules approved by the board under § 62-14-103, the
commissioner shall give notice to the owner or lessee or the person or persons of
changes necessary for compliance with the rules. After the changes have been made,
the commissioner shall issue an operating permit. The fee to be charged for the
operating permit issued under this chapter must be adopted by the board pursuant to §
62-14-103(a)(5), and must be in an amount sufficient to defray the cost of administering
this chapter. The fee must not exceed one hundred dollars ($100).
(c) If the inspection report required by § 62-14-106 indicates that an elevator or
escalator is in an unsafe condition, so that its continued operation may be dangerous to
public safety, then the commissioner may, at the commissioner's discretion, require the
owner or lessee to discontinue the use of such elevator or escalator until it has been
made safe and in conformity with the rules of the board. If the commissioner has reason
to believe that any owner or lessee to whom an operating permit has been issued is not
complying with the applicable rules adopted by the board under § 62-14-103, the
commissioner shall so notify the owner or lessee and shall give notice of a date for a
hearing on the noncompliance to the owner or lessee. If, after the hearing, the

- 18 - 011718

commissioner finds that the owner or lessee is not complying with the rules, the
commissioner shall revoke the permit.
(d) An operating permit is not required for elevators or escalators that are
located in a highly restricted area owned and operated by the United States government.
A state permit must not be issued for elevators located in municipalities where elevator
inspection ordinances are in force in accordance with § 62-14-111, it being the
responsibility of such municipalities to make the inspections and collect permit fees
within their respective jurisdictions.
62-14-108. Installations, relocations, or alterations — Submission of plans —
Fees.
(a) Plans and specifications. On and after the effective date of the rules
adopted by the board under § 62-14-103, detailed plans and specifications of each
elevator, dumbwaiter, or escalator to be thereafter installed, relocated, or altered must
be submitted to the department or its authorized representative, together with an
application for a construction permit or form to be furnished or approved by the
department or its authorized representative. Repairs or replacements normally
necessary for maintenance may be made on existing installations with parts equivalent
in material, strength, and design to those replaced, and such repairs or replacements do
not require plans, specifications, or application to be filed.
(b) Construction permits.
(1) The department or its authorized representatives shall issue a
construction permit for every new elevator, dumbwaiter, or escalator installation
or alteration before the installation of the elevator, dumbwaiter, or escalator is
started. The department or its authorized representative shall issue such permit,
if the plans and specifications required under subsection (a) indicate compliance

- 19 - 011718

with the applicable rules adopted by the board under § 62-14-103. If such plans
and specifications indicate failure to comply with the applicable rules adopted by
the board under § 62-14-103, the department or its authorized representative
shall give notice to the person filing the application of changes necessary for
compliance with the applicable rules.
(2) After such changes have been made, the department or its
authorized representative shall issue a construction permit. A permit is not
required for the repairs or replacements normally necessary for maintenance.
(c) Fees.
(1) A fee must be paid to the department or its authorized representative
for the issuing of construction permits required under subsection (b) for each new
or altered elevator, dumbwaiter, escalator, or moving walk. The fee must not
exceed three hundred dollars ($300). The fees are charged as adopted by the
board under § 62-14-103(a)(5) and must be in an amount sufficient to defray the
cost of administering this chapter. The department shall give receipts for all fees
and sums received and shall transmit the fees and sums upon receipt to the state
treasurer, who shall maintain a separate account of the fees and sums, and the
fees and sums constitute expendable receipts of the department in addition to
the appropriations otherwise available.
(2) A fee must be paid to the department or its authorized representative
for the issuing of construction permits required by subsection (b) for each new or
altered aerial passenger tramway. The fee must not exceed a maximum of three
hundred dollars ($300). The fees are charged as adopted by the board under §
62-14-103(a)(5) and must be in an amount sufficient to defray the cost of
administering this chapter. The department shall give receipts for all fees and

- 20 - 011718

sums received and shall transmit the fees and sums upon receipt to the state
treasurer, who shall maintain a separate account of the fees and sums, and the
fees and sums constitute expendable receipts of the department in addition to
the appropriations otherwise available.
(3) A fee must be paid to the department or its authorized representative
for the acceptance inspection and for each unscheduled follow-up inspection
following the construction or alteration of an elevator, dumbwaiter, escalator,
moving walk, or aerial passenger tramway. The fees are charged as adopted by
the board under § 62-14-103(a)(5) and must be in an amount sufficient to defray
the cost of administering this chapter. The fee must not exceed three hundred
dollars ($300). The department shall give receipts for all fees and sums received
and shall transmit the fees and sums upon receipt to the state treasurer, who
shall maintain a separate account of the fees and sums, and the fees and sums
constitute expendable receipts of the department in addition to the appropriations
otherwise available.
62-14-109. Maintenance in safe operating condition.
(a) The owner or lessee shall maintain every elevator, dumbwaiter, and
escalator in a safe operating condition so that it conforms to the rules and requirements
of the board as adopted under § 62-14-103.
(b) Every aerial passenger tramway must be maintained by the owner or lessee
in a safe operating condition so that it conforms to the rules and requirements of the
board as adopted under §§ 62-14-101, 62-14-103, 62-14-108, and this section.
(c)
(1) As provided in the applicable codes of the American Society of
Mechanical Engineers (ASME) as adopted by the Tennessee elevator safety

- 21 - 011718

board, each elevator must have a means of two-way communication. The code
requirement of two-way communication may be satisfied with a dedicated line, a
line consolidation technology that enables the simultaneous operation of more
than one (1) communication device, or an intercom system where a central
answering location is staffed twenty-four (24) hours a day.
(2) If this state chooses to upgrade its two-way communication system in
elevators in state facilities, funds in the facilities revolving fund may be used for
such upgrade.
62-14-110. Licensing inspectors — Qualifications — Examinations — Fee —
Revocation of license.
(a) A person must not be licensed as an elevator inspector to inspect elevators,
escalators, or new or altered dumbwaiters, unless the person is an employee of this
state authorized to inspect elevators, escalators, and dumbwaiters or an employee
authorized to inspect elevators, escalators, and dumbwaiters for any insurance company
insuring such elevators, escalators, and dumbwaiters in this state; provided, that the
person has satisfied to the board that the person has had experience in inspecting
elevators, escalators, and dumbwaiters, and has satisfactorily passed a written
examination given by the board testing the person's knowledge of this chapter and the
rules adopted by the board under § 62-14-103; provided, however, that the board may
license a person as an elevator inspector without such examination, if the person holds a
license as an inspector of elevators for a state or city that has a standard of examination
substantially equal to that provided for in this section. A written application for such
examination and license must be made upon a form to be supplied by the board upon
request, and must be accompanied by a statement of the applicant's experience,
together with an examination fee of five dollars ($5.00). The examination may be given

- 22 - 011718

not more than six (6) months from the date the applicant makes such application. If the
applicant has the experience and successfully passes the examination, the applicant is,
upon payment to the board of a license fee of five dollars ($5.00), entitled to a license as
an elevator inspector as a matter of right, and the license is renewable annually at a fee
of two dollars ($2.00). There is no limit to the number of times an applicant may seek a
license as herein provided; except, that a rejected applicant cannot make a new
application within six (6) months from the date on which the applicant is notified that the
applicant has failed to qualify. A fee of five dollars ($5.00) must be paid to the board for
each subsequent examination.
(b) If the board has reason to believe that a licensed inspector is no longer
qualified to hold such licensed inspector's license, it shall give such inspector reasonable
notice of the time and place of a hearing at which the board shall inquire into the
inspector's fitness and competency to act as an elevator inspector. If the board finds
that such inspector is no longer qualified to act as an elevator inspector, the board shall
revoke such inspector's license, and such inspector shall not thereafter make any
inspection required under this chapter.
62-14-111. Municipal laws or ordinances unaffected.
This chapter does not replace any municipal law or ordinance in municipalities
having regulations controlling the design, construction, location, installation, inspection,
and operation of elevators, dumbwaiters, or escalators where such local laws,
ordinances, or regulations are in substantial conformity with the commonly accepted
standards of safety concerning the design, construction, location, installation, inspection,
and operation of elevators, dumbwaiters, or escalators and in substantial conformity with
the published standards of the American Standard Safety Code for Elevators,
Dumbwaiters and Escalators. This chapter does not prevent the local officials or boards

- 23 - 011718

of such municipalities from the exclusive right to regulate or enforce all such local laws,
ordinances, or regulations now in force or hereafter enacted as may comply with the
standards defined in this part, and this chapter does not permit the erection of elevators,
dumbwaiters, or escalators without first obtaining a building or like permit from the
proper municipal authorities in compliance with local laws and ordinances provided here.
62-14-112. Appeals.
(a) Any person aggrieved by an order or act of the commissioner or department
under this chapter may, within fifteen (15) days after notice of such order or act, appeal
such order or act to the board.
(b) The board shall hear the appeal in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5.
62-14-113. Violations to be prosecuted.
Prosecutions for violations of this chapter are instituted by the commissioner, and
are in the form of summary proceedings before a court of competent jurisdiction. Upon
conviction, after a hearing, the penalties provided for in § 62-14-114 are imposed and
are final, subject to appeal to a court of proper jurisdiction in the manner prescribed by
law.
62-14-114. Penalties for violations of chapter or permit fee requirements.
(a) Any person, firm, or corporation that violates this chapter or the rules
promulgated by the board, or who fails or neglects to pay the fees as required in this
chapter, commits a Class C misdemeanor.
(b) The fee for any inspection or operating permit under this chapter is increased
fifty percent (50%), if such fee is not paid within sixty (60) days from the date of the
invoice for such inspection or permit.

- 24 - 011718

(c) Notwithstanding subsection (a) to the contrary, any person who knowingly
makes a false statement, representation, or certification in an application, record, report,
or other document filed or required to be maintained under this chapter commits a Class
A misdemeanor.
62-14-115. Amusement devices — Legislative findings.
(a) The general assembly finds that:
(1) An unsafe amusement device is likely to cause serious and
preventable injuries to members of the public; and
(2) For the welfare of the people of this state, these injuries must be
prevented, and the public must be protected from unsafe amusement devices.
(b) The purpose of regulating amusement devices is to ensure, as far as
reasonably possible, the safety of the public in the use of amusement devices in this
state by providing for:
(1) Adoption of safety regulations for the owner's duty of reasonable
care;
(2) An effective enforcement and compliance program;
(3) Reporting procedures on the safety of amusement devices; and
(4) Safety provisions governing riders' use of amusement devices.
62-14-116. Violations — Penalties.
(a)
(1) It is an offense, punishable as provided in § 62-14-114, for:
(A) The owner of any amusement device to operate, or permit
any person to operate, an amusement device, unless a permit has been
issued by the department to the owner of the amusement device, which

- 25 - 011718

permit is valid in any and all counties in this state for one (1) year from the
date the permit is issued; or
(B) A person to operate an amusement device, if the person:
(i) Has knowledge that the annual permit required,
pursuant to subdivision (a)(1)(A), has not been issued to the
owner;
(ii) Does not have authority to operate the amusement
device; or
(iii) Operates the amusement device beyond the
authorization given to the person by the owner.
(2) If the amusement device is not at a fixed location within this state,
then the owner of the amusement device is only required to obtain one (1) such
annual permit and the permit must be displayed in a conspicuous location.
(b) The department is authorized to charge a fee, to be set by the department,
for the issuance of an annual permit, but the department shall not issue the permit until
the owner furnishes to the department proof of insurance for, and proof of inspection of
the amusement device or devices by any authorized insurer, or its designated
representative. The proof of insurance must be in an amount of not less than one million
dollars ($1,000,000) per occurrence, insuring the owner or operator against liability for
bodily injury and property damage arising from the use of the amusement device.
(c)
(1) If the annual permit is issued for an individual amusement device, the
permit must be prominently displayed on the amusement device.
(2) If the annual permit is issued for amusement devices to an enterprise
that has multiple amusement devices owned or managed by one (1) owner, the

- 26 - 011718

permit must be filed at the main office of the site where the amusement devices
are located, and must be available for inspection by any public official during the
normal business hours of the office and by members of the public during the
normal business operating hours of the amusement devices.
(d) The policy or bond required by this section must be a standardized form
approved by the department and obtained from one (1) or more insurers or sureties
approved by the department.
62-14-117. Responsibilities of owner or operator of amusement device — Report
of fatalities, physical injuries, or incidents — Inspections — Penalties.
(a) The owner or operator of an amusement device shall immediately cease to
operate any amusement device upon which a fatality, serious physical injury, or serious
incident has occurred. An owner shall report any accident involving a fatality, serious
physical injury, or serious incident resulting from the operation of an amusement device
to the commissioner, in writing, within twenty-four (24) hours and contact a qualified
inspector from the list maintained by the commissioner pursuant to § 62-14-118 to
conduct an inspection.
(b) The cessation remains in force until an inspection has been performed by a
qualified inspector, the inspector has determined that the amusement device or related
equipment is safe for public use, and the department has authorized the owner or
operator to resume operation of the amusement device.
(c) The qualified inspector shall initiate the inspection within twenty-four (24)
hours of receipt of the report of a fatality, serious physical injury, or serious incident
caused by the operation of an amusement device and shall perform the inspection in a
manner that proceeds with all practicable speed and minimizes the disruption of the
remainder of the amusement devices at the site where the amusement device is located,

- 27 - 011718

as well as unrelated commercial activities. The owner of the amusement device shall
pay for the cost of an inspection. The amusement device may resume operation, upon
authorization from the department, immediately following the reasonable determination
by a qualified inspector that a principal cause of the serious physical injury was the
victim's failure to comply with the posted safety rules or with verbal instructions. If an
owner or operator of an amusement device fails to comply with a requirement under this
section, the department shall assess a penalty against that owner or operator in the
amount of three hundred dollars ($300) each day until full compliance is achieved. Any
penalties collected must be deposited into the general fund.
62-14-118. Qualified inspectors.
(a) The commissioner shall compile a list of qualified inspectors. The
department shall post the list on the website maintained by the department.
(b) The commissioner may employ or contract with qualified inspectors to
conduct inspections of amusement devices pursuant to this chapter. However, if the
commissioner does not employ or contract with qualified inspectors, then owners and
operators shall provide the commissioner with all resulting inspection reports.
62-14-119. Operation of amusement device — Inspections — Permit.
(a) A person shall not operate an amusement device unless the owner of the
amusement device has the device inspected at least once annually by a qualified
inspector, who is either provided by the commissioner or whom the owner or insurer has
selected from the lists maintained on the department's website pursuant to § 62-14-118,
and has obtained written documentation from the qualified inspector that the inspection
has been made and the amusement device meets American Society of Testing Materials
(ASTM) standards or the Association for Challenge Course Technology (ACCT) industry

- 28 - 011718

standards. The owner of the amusement device is solely responsible for the cost of an
inspection conducted pursuant to this subsection (a).
(b) The inspection required pursuant to subsection (a) must be conducted, at a
minimum, to meet the manufacturer's or engineer's specifications and to follow the
applicable ASTM standards or ACCT industry standards.
(c) The commissioner may conduct a spot inspection of any amusement device
without notice at any time while the amusement device is operating or will be operating
in this state. The commissioner's designee may order the temporary suspension of an
operating permit if it has been determined after a spot inspection that an amusement
device or devices are hazardous or unsafe. Operation of the amusement device must
not resume until the hazardous or unsafe condition has been corrected and subjected to
reinspection by the commissioner for an inspection fee established by rule.
(d) An operator of an amusement device must be competent and at least sixteen
(16) years of age. An operator shall not operate more than one (1) amusement device
at any one (1) time and must be in attendance at all times the device is in operation.
62-14-120. Maintenance, inspection, and accident records for amusement device
— Proof of inspection.
(a) Each owner or operator shall retain on the premises or with a traveling or
portable amusement device for at least twenty-four (24) months, all maintenance,
inspection, and accident records for each amusement device. The owner shall make the
records for the amusement device under inspection for failure or malfunction available to
the commissioner or the board upon request. The documents may be kept electronically
or digitally.

- 29 - 011718

(b) An owner or operator of an amusement device, as applicable, shall
prominently display or have available on location the amusement device's proof of
inspection, which must include the date of the last inspection of the amusement device.
62-14-121. Itinerary of traveling or portable amusement devices — Filing and
content.
(a) The owner or operator of traveling or portable amusement devices shall file
an itinerary with the department on a form prescribed by the commissioner no less than
thirty (30) days before the operation of an amusement device for use by the public.
(b) The itinerary must include:
(1) The name of the amusement device owner;
(2) The carnival, fair, or activity sponsor;
(3) The address and telephone number of the owner of the site or
persons associated with the site;
(4) The dates open to the public; and
(5) The name of the contact person on site.
62-14-122. Operation of amusement device during pendency of cessation —
Remedies.
In addition to any other remedies, if an owner, operator, or person in charge of an
amusement device continues to operate an amusement device during the pendency of a
cessation pursuant to § 62-14-117 or § 62-14-119, then the commissioner may petition the
circuit court, in an action brought in the name of this state, for a writ of injunction to restrain the
use of the alleged defective amusement device.
62-14-123. Liability for accidents.

- 30 - 011718

This state and its officers and employees or members of the board are not liable for
damages arising out of an accident involving an amusement device by reason of administration
of this chapter.
62-14-124. Safety rules governing rider — Violations and penalties — Duty to
report injuries — Display of rules.
(a) A rider on an amusement device shall, at a minimum:
(1) Obey the reasonable safety rules posted in accordance with
subsection (g) and oral instructions for an amusement device issued by the
amusement device's owner or the owner's employee or agent, unless:
(A) The safety rules are contrary to those issued by the board; or
(B) The oral instructions are contrary to the safety rules; and
(2) Refrain from acting in any manner that may cause or contribute to
injuring the rider or others, including:
(A) Interfering with the safe operation of the amusement device;
(B) Not engaging any safety devices that are provided;
(C) Disconnecting or disabling a safety device except at the
express instruction of the operator;
(D) Altering or enhancing the intended speed, course, or direction
of an amusement device;
(E) Extending arms and legs beyond the carrier or seating area
except at the express direction of the amusement device operator;
(F) Throwing, dropping, or expelling an object from or toward an
amusement device;

- 31 - 011718

(G) Getting on or off an amusement device except at the
designated time and area, if any, at the direction of the amusement
device operator, or in an emergency; and
(H) Unreasonably controlling the speed or direction of the rider or
an amusement device that requires the rider to control or direct the rider
or a device.
(b) A rider of an amusement device shall not get on, enter, or attempt to get on
an amusement device unless the rider reasonably determines that, at a minimum, the
rider:
(1) Has sufficient knowledge to use, get on, enter, or get off the
amusement device safely without instruction or has requested and received
before getting on the amusement device sufficient information to get on, use,
enter, or get off safely;
(2) Has located, reviewed, and understood any signs in the vicinity of the
amusement device and has satisfied any posted height, medical, or other
restrictions and abided by all rules, regulations, and restrictions;
(3) Is not under the influence of alcohol or any drug that affects the rider's
ability to safely use the amusement device or obey the posted rules or oral
instructions; and
(4) Is authorized by the amusement device owner or the owner's
authorized servant, agent, or employee to get on the amusement device.
(c)
(1) It is an offense for a person to knowingly violate subsection (a) or (b).
(2) A violation of subdivision (c)(1) is a Class C misdemeanor,
punishable by a fine only.

- 32 - 011718

(d) A rider, or the rider's parent or guardian on the rider's behalf, shall report in
writing to the owner any injury sustained on an amusement device before leaving the
owner's premises, including:
(1) The name, address, and phone number of the injured person;
(2) A full description of the incident, the injuries claimed, any treatment
received, and the location, date, and time of the injury;
(3) The cause of the injury, if known; and
(4) The names, addresses, and phone numbers of any witnesses to the
incident.
(e) If the rider, or the rider's parent or guardian on a rider's behalf, is unable to
file a report before leaving the owner's premises because of the severity of the rider's
injuries, the rider, or the rider's parent or guardian, shall file the report as soon as
reasonably possible.
(f) The failure of a rider, or the rider's parent or guardian on a rider's behalf, to
report an injury under this section has no effect on the rider's right to commence a civil
action.
(g) Safety rules governing rider conduct must be prominently displayed at or
near the entrance to, or loading platform for, the amusement device.
SECTION 6. Tennessee Code Annotated, Title 68, Chapter 122, is amended by
deleting the chapter.
SECTION 7. Tennessee Code Annotated, Title 62, is amended by adding the following
as a new chapter:
62-15-101. Board of boiler rules — Created — Members — Compensation.
(a) There is created within the department of commerce and insurance a board
of boiler rules, which is hereafter referred to as the "board," consisting of five (5)

- 33 - 011718

members who are appointed to the board by the governor. The initial appointments
were one (1) for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a
term of three (3) years, and two (2) for a term of four (4) years. The term of all
subsequent appointments must be four (4) years. The governor may, at any time,
remove a member of the board for inefficiency or neglect of duty in office. Upon the
death or incapacity of a member, the governor shall fill the vacancy for the remainder of
the vacated term with a representative of the same interest with which the
representative's predecessor was identified. Of these five (5) appointed members, one
(1) is a representative of owners and users of boilers in this state, one (1) is a
representative of the boiler manufacturers in this state, one (1) is a representative of a
boiler insurance company licensed to do business in this state, one (1) is a mechanical
engineer on the faculty of a recognized engineering college or a graduate mechanical
engineer having equivalent experience, and one (1) is a representative of the
boilermakers or practical steam operating engineers. The board shall elect one (1) of its
members to serve as chair, and, at the call of the chair, the board shall meet at least four
(4) times each year at the state capitol or other place designated by the board.
Beginning July 1, 1965, the membership of the board is increased by one (1) member
who is a representative of the owner-users of unfired pressure vessels and who must be
a mechanical engineer licensed to practice in this state. The governor shall appoint the
additional representative. The additional representative’s initial term is for a period of
two (2) years, and all succeeding terms after the expiration of the initial term are for a
period of four (4) years.
(b) The members of the board serve without compensation and are reimbursed
for travel expenses in accordance with the comprehensive travel regulations as

- 34 - 011718

promulgated by the department of finance and administration and approved by the
attorney general and reporter.
62-15-102. Rules — Part definitions.
(a) The board shall formulate definitions and promulgate rules for the safe and
proper construction, installation, repair, use, and operation of boilers in this state. The
definitions and rules so formulated must be based upon, and, at all times, follow the
generally accepted nationwide engineering standards, formulae, and practices
established and pertaining to boiler construction and safety, and the board may, by
resolution, adopt an existing published codification of standards, formulae, and practices
known as the Boiler Construction Code of the American Society of Mechanical
Engineers, with the amendments and interpretations of the code made and approved by
the council of the society, and may likewise adopt the amendments and interpretations
subsequently made and published by the same authority, and when so adopted, the
code is deemed incorporated into, and to constitute a part of the whole of the definitions
and rules of the board. Amendments and interpretations to the code so adopted are
adopted immediately upon being promulgated, to the end that the definitions and rules
must at all times follow the generally accepted nationwide engineering standards.
(b) The board shall promulgate rules for the safe and proper installation, repair,
use, and operation of boilers that were in use or installed ready for use in this state prior
to the date upon which the first rules under this part pertaining to existing installations
became effective, or during the twelve-month period immediately thereafter.
(c) The rules formulated by the board have the force and effect of law, except
that the rules applying to the construction of new boilers must not be construed to
prevent the installation thereof until twelve (12) months after their approval by the board.

- 35 - 011718

(d) Amendments in the rules adopted by the board are permissive immediately
and are mandatory twelve (12) months after such approval.
(e) As used in this part, unless the context otherwise requires:
(1) "Autoclave" means a device that:
(A) Sterilizes reusable medical or dental equipment used by an
individual or entity licensed under this title or title 63;
(B) Consists of an unfired pressure vessel with or without an
integrated miniature boiler; and
(C) Is regulated by the United States food and drug
administration;
(2) "Boiler" means and includes a closed vessel or vessels intended for
use in heating water or other liquids or for generating steam or other vapors
under pressure or vacuum by the direct application of heat from combustible
fuels, electricity, or nuclear energy, and also includes an unfired pressure vessel,
meaning a vessel in which pressure is obtained from an external source or from
an indirect application of heat;
(3) "Commissioner" means the commissioner of commerce and
insurance;
(4) "Department" means the department of commerce and insurance;
and
(5) "Miniature boiler" means a boiler designed and constructed not to
exceed the following:
(A) Sixteen inches (16") inside diameter of shell;
(B) If a non-electric boiler, twenty (20) square feet of heating
surface;

- 36 - 011718

(C) Five (5) cubic feet of gross volume, exclusive of the casing
and insulation; and
(D) One hundred pounds (100 lbs.) per square inch gauge
maximum allowable working pressure.
62-15-103. New installations must conform to rules.
A boiler that does not conform to the rules promulgated by the board that govern
new construction and installation must not be installed and operated in this state after
twelve (12) months from the date the first rules pertaining to the new construction and
installation of boilers become effective, unless the boiler is of special design or
construction, and is not covered by the rules, nor is in any way inconsistent with such
rules, in which case a special installation and operating permit may be granted, at the
discretion of the board.
62-15-104. Existing boilers required to conform — Applicability.
(a) All boilers that were in use, or installed ready for use in this state prior to the
date upon which the first rules became effective, or during the twelve-month period
immediately thereafter, must be made to conform to the rules of the board governing
existing installations, and the formulae prescribed therein must be used in determining
the maximum allowable working pressure for such boilers.
(b) This part does not prevent the use or sale of boilers as referred to in
subsection (a); provided, that the boilers have been made to conform to the rules of the
board governing existing installations; and provided further, that they have not been
found upon inspection to be in an unsafe condition.
(c)
(1) This part does not apply to historic power boilers. As used in this
subdivision (c)(1), "historic power boilers" means any steam traction engine,

- 37 - 011718

portable, or stationary, standard, or nonstandard power boiler, including free-
lance and scale models, owned by publicly operated museums, nonprofit
organizations, and individuals who preserve, maintain, exhibit, and only
occasionally operate these boilers on a not-for-profit basis, and for the primary
purpose of perpetuating the agricultural and pioneer heritage of this state.
(2) Such boilers must conform to the rules promulgated by the board of
boiler rules.
62-15-105. Exemptions — Municipal laws or ordinances.
(a) This part does not apply to the following boilers:
(1) Boilers under federal control or boilers that are used to generate
electricity under contract with the Tennessee Valley authority (TVA);
(2) Unfired pressure vessels that meet the requirements of the interstate
commerce commission for shipment of liquids or gases under pressure;
(3) Air tanks located on vehicles operating under the rules of other state
authorities and used for carrying passengers or freight;
(4) Air tanks installed on the right-of-way of railroads and used directly in
the operation of trains;
(5) Unfired pressure vessels having a volume of five (5) cubic feet or
less;
(6) Unfired pressure vessels designed for working pressure not
exceeding fifteen pounds (15 lbs.) per square inch gauge;
(7) Unfired pressure vessels containing liquefied petroleum gases;
(8) Unfired pressure vessels contained within an autoclave; or
(9) Miniature boilers that are integrated as components of medical
devices regulated by the United States food and drug administration.

- 38 - 011718

(b) The following boilers are exempt from the requirements of §§ 62-15-110 —
62-15-113:
(1) Boilers located on farms and used solely for agricultural purposes;
(2) Steam boilers used for heating purposes carrying a pressure of not
more than fifteen pounds (15 lbs.) per square inch gauge that are located in
private residences or in apartment houses of less than six (6) families;
(3) Hot water heating boilers carrying a pressure of not more than thirty
pounds (30 lbs.) per square inch gauge that are located in private residences or
in apartment houses of less than six (6) families; or
(4) Unfired pressure vessels containing only water under pressure for
domestic supply purposes and operated at a temperature of not over two
hundred degrees Fahrenheit (200°F), including those containing air, the
compression of which serves only as a cushion for airlift pumping systems.
(c)
(1) This part does not replace any municipal law or ordinance in
municipalities having regulations controlling the design, construction, location,
installation, inspection, and operation of boilers where such local laws,
ordinances, or regulations are in substantial conformity with the commonly
accepted standards of safety concerning the design, construction, location,
installation, inspection, and operation of boilers and in substantial conformity with
the published standards of the Boiler Construction Code of the American Society
of Mechanical Engineers. This part does not prevent the local officials or boards
of such municipalities from the exclusive right to regulate or enforce all such local
laws, ordinances, rules, and regulations now in force or enacted on or after the
effective date of this act as may comply with the standards defined in this part.

- 39 - 011718

(2) This part does not permit the erection of boilers without first obtaining
a building or like permit from the proper municipal authorities in compliance with
local laws ordinances, rules, and regulations.
62-15-106. Chief inspector — Appointment — Qualifications — Removal — Duties
and powers.
(a) Upon a vacancy in the office of chief inspector, the commissioner shall
appoint a citizen of this state who, at the time of such appointment, has practical
experience in the construction, maintenance, repair, or operation of high-pressure
boilers and unfired pressure vessels as a mechanical engineer, steam engineer,
boilermaker, or boiler inspector, to be chief inspector until the chief inspector's successor
is appointed and qualified. The chief inspector may be removed for cause following an
investigation by the commissioner or the commissioner's designee.
(b) The chief inspector, if authorized by the commissioner, is charged, directed,
and empowered to:
(1) Prosecute all violators of this part;
(2) Issue, suspend, or revoke for cause, inspection certificates as
provided for in § 62-15-111;
(3) Draw upon the state treasurer for funds necessary to meet the
expenses authorized by this part, which include the necessary traveling
expenses of the chief inspector and the chief inspector's deputies and the
expenses incident to the maintenance of the chief inspector's office;
(4) Take action necessary for the enforcement of the laws of this state
governing the use of boilers and of the rules of the board;

- 40 - 011718

(5) Keep a complete record of the type, dimensions, maximum allowable
working pressure, age, condition, location, and date of the last recorded internal
inspection of all boilers to which this part applies; and
(6) Publish and distribute, among manufacturers and others requesting
them, copies of the rules adopted by the board.
62-15-107. Deputy inspectors — Employment — Qualifications.
The chief inspector shall employ deputy inspectors who are responsible to the chief
inspector and who have, at the time of appointment, not less than five (5) years' practical
experience in the construction, maintenance, repair, or operation of high-pressure boilers and
unfired pressure vessels as a mechanical engineer, steam engineer, boilermaker, or boiler
inspector, and who have passed the examination under § 62-15-109.
62-15-108. Special inspectors — Appointment — Duties — Right of inspection.
(a) In addition to the deputy boiler inspectors authorized by § 62-15-107, the
chief inspector shall, upon the request of any company authorized to insure against loss
from explosion of boilers and unfired pressure vessels in this state, or upon the request
of any company operating unfired pressure vessels in this state having a regularly
established inspection service maintained by the owner or user of pressure vessels
subject to inspection and whose inspection service, personnel, equipment, and
supervision meet the requirements prescribed by the board, issue to any inspectors of
the company commissions as special inspectors; provided, that each such inspector,
prior to receiving the inspector's commission, must satisfactorily pass the examination
provided for in § 62-15-109 or, in lieu of the examination, must hold a commission or a
certificate of competency as an inspector of boilers and unfired pressure vessels for a
state that has a standard of examination substantially equal to that of this state, or a
certificate as an inspector of boilers issued by the national board of boiler and pressure

- 41 - 011718

vessel inspectors. A commission as a special inspector for a company operating unfired
pressure vessels in this state may be issued only if, in addition to meeting the
requirements stated in this subsection (a), the inspector is continuously employed by the
company for the purpose of making inspections of unfired pressure vessels used, or to
be used, by such company, and not for resale. Special inspectors of a company
operating unfired pressure vessels, commissioned under this section, are not authorized
to inspect boilers.
(b) Such special inspectors receive no salary from, nor are their expenses paid
by, this state, and the continuance of a special inspector's commission is conditioned
upon the special inspector continuing in the employ of a boiler insurance company duly
authorized as provided for in subsection (a) or upon continuing in the employ of a
company operating unfired pressure vessels in this state, and upon the special
inspector's maintenance of the standards imposed by this part.
(c) Special inspectors shall inspect all boilers and unfired pressure vessels
insured or all unfired pressure vessels operated by their respective companies and,
when so inspected, the owners and users of such boilers and unfired pressure vessels
are exempt from the payment to this state of the inspection fees as provided for in § 62-
15-113.
(d) Each company employing special inspectors shall, within thirty (30) days
following each internal and external boiler or unfired pressure vessel inspection made by
such inspectors, file a report of the inspection with the chief inspector upon appropriate
forms as promulgated by the American Society of Mechanical Engineers.
(e) The commissioner, the chief inspector, or any deputy or special inspector
has free access, during reasonable hours, to any premises in this state where a boiler or
unfired pressure vessel is being constructed, or is being installed, for the purpose of

- 42 - 011718

ascertaining whether the boiler or unfired pressure vessel is constructed and installed in
accordance with this part.
(f) The special inspectors commissioned under this section and their employers,
agents, or service contractors have the same liability, as provided in § 9-8-307, for the
performance of their services as deputy inspectors authorized under § 62-15-107 or
state employees acting within the scope of their employment.
62-15-109. Examinations for chief, deputy, and special inspectors — Suspension
or revocation of commission — Replacement when lost.
(a) Examinations for chief, deputy, or special inspectors must be administered
by a National Board of Boiler and Pressure Vessel Inspectors' member jurisdiction; the
National Board of Boiler and Pressure Vessel Inspectors during the last day of the In-
service Commission (IS) two-week course; an on-demand provider approved by the
National Board of Boiler and Pressure Vessel Inspectors; or other testing methods
approved by the National Board of Boiler and Pressure Vessel Inspectors. The
examinations must meet the requirements of the latest edition of the Rules for
Commissioned Inspectors as approved by the National Board of Boiler and Pressure
Vessel Inspectors. If an applicant fails to pass an examination, the applicant must follow
the re-examination requirements of the latest edition of the Rules for Commissioned
Inspectors. The record of an applicant's examination must be accessible to the applicant
and the applicant's employer.
(b) A commission may be suspended or revoked after due investigation and
recommendation by the board to the commissioner for the incompetence or
untrustworthiness of the holder of the commission, or for willful falsification of any matter
or statement contained in the applicant's application or in a report of any inspection. A
person whose commission has been suspended or revoked, except for

- 43 - 011718

untrustworthiness, may apply to the board for reinstatement or, in the case of revocation,
for a new examination and commission after ninety (90) days from the revocation. A
person whose commission has been suspended or revoked may appeal as provided in §
62-15-115 and be present in person and represented by counsel on the hearing of the
appeal.
(c) If a certificate or commission is lost or destroyed, a new certificate or
commission must be issued in its place without another examination.
62-15-110. Inspection of boilers.
(a) Each boiler used or proposed to be used within this state, except boilers
exempt in § 62-15-105, must be thoroughly inspected as to their construction,
installation, condition, and operation as follows:
(1) Power boilers must be inspected annually both internally and
externally while not under pressure, and must also, if possible, be inspected
externally while under pressure approximately six (6) months following the date
of each internal inspection;
(2) Low-pressure heating boilers must be inspected both internally and
externally biennially where construction will permit;
(3) Unfired pressure vessels subject to internal corrosion must be
inspected both internally and externally biennially where construction will permit,
except that the board may, in its discretion, provide for longer periods between
inspections; and
(4) Unfired pressure vessels not subject to internal corrosion must be
inspected externally at intervals set by the board, but internal inspections are not
required of unfired pressure vessels, the contents of which are known to be
noncorrosive to the material of which the shell, head, or fittings are constructed,

- 44 - 011718

either from the chemical composition of the contents or from evidence that the
contents are adequately treated with a corrosion inhibitor; provided, that such
vessels are constructed in accordance with the rules of the board or in
accordance with standards equivalent to the rules of the board in effect at the
time of manufacture.
(b) A grace period of two (2) months longer than the twelve-month period may
elapse between internal inspections of a boiler while not under pressure or between
external inspections of a boiler while under pressure.
(c) The inspections required in this section are made by the chief inspector, a
deputy inspector, or by a special inspector provided for in this part.
(d) If at any time a hydrostatic test is deemed necessary, it must be made, at the
discretion of the inspector, by the owner or user of the boiler.
(e) All boilers to be installed in this state after the twelve-month period from the
date upon which the rules of the board become effective must be inspected during
construction as required by the applicable rules of the board by an inspector authorized
to inspect boilers in this state, or, if constructed outside of this state, by an inspector
holding a certificate from the national board of boiler and pressure vessel inspectors, or
a certificate of competency as an inspector of boilers for a state that has a standard of
examination substantially equal to that of this state as provided in § 62-15-109.
(f)
(1) Notwithstanding subsection (a), the board may, in its discretion, grant
a variance for longer intervals between inspections. All requests for boiler
inspection variances must be submitted to the chief inspector or the chief
inspector's designee no less than forty-five (45) days prior to the next regularly
scheduled or called meeting of the board.

- 45 - 011718

(2) The board shall produce a guide and checklist setting forth conditions
that must be met before a variance for longer intervals between inspections may
be granted.
(3) All boilers operating under a variance pursuant to this subsection (f)
must be inspected externally while under pressure approximately every six (6)
months for the duration of the variance.
(4) Any boiler that fails an external inspection pursuant to subdivision
(f)(3), must be shut down and inspected internally, and the variance must be
rescinded.
(g) The board may also, in its discretion, grant other variances where the board
deems it necessary to protect the health, safety, and welfare of the public. All requests
for variances must be submitted to the chief inspector or the chief inspector's designee
no less than forty-five (45) days prior to the next regularly scheduled or called meeting of
the board.
62-15-111. Inspection certificates — Maximum certificate fees — Insured boilers
— Suspension.
(a) If, upon investigation, a boiler is found to comply with the rules of the board,
the owner or user of the boiler shall pay directly to the chief inspector an appropriate
certificate fee as adopted by the board pursuant to § 62-15-102, and the chief inspector,
or such duly authorized representative, shall issue to such owner or user an inspection
certificate bearing the date of inspection and specifying the maximum pressure under
which the boiler may be operated. Such fee must not exceed a maximum amount of fifty
dollars ($50.00) for high-pressure boilers or eighty dollars ($80.00) for low-pressure
boilers and unfired pressure vessels. The inspection certificate is valid for not more than
twenty-four (24) months, for power boilers, and for not more than twenty-six (26) months,

- 46 - 011718

for low-pressure heating boilers and unfired pressure vessels, from its date of issuance.
Certificates must be posted under glass in the room containing the boiler inspected, or,
in the case of a portable boiler, in a metal container to be fastened to the boiler or to be
kept in a tool box accompanying the boiler.
(b) An inspection certificate issued for an insured boiler inspected by a special
inspector is not valid after the boiler for which it was issued ceases to be insured by a
company duly authorized by this state to carry such insurance.
(c) The chief inspector or the chief inspector's authorized representative may
suspend an inspection certificate when, in the chief inspector's or representative's
opinion, the boiler for which it was issued cannot be operated without menace to public
safety, or when the boiler is found not to comply with the rules provided for in this part.
A special inspector has corresponding powers with respect to inspection certificates for
boilers insured by the company employing the special inspector. The suspension of an
inspection certificate continues in effect until the boiler conforms to the rules of the
board, and until the inspection certificate has been reinstated.
62-15-112. Operation without certificate or at excessive pressure — Penalty.
It is unlawful for any person, firm, partnership, or corporation to operate a boiler
under pressure in this state without a valid inspection certificate. The operation of a
boiler without such inspection certificate, or at a pressure exceeding that specified in
such inspection certificate, constitutes a Class C misdemeanor on the part of the owner,
user, or operator of the boiler. Each day of unlawful operation is a separate offense.
62-15-113. Inspection fees.
(a) Biennial or required inspections of unfired pressure vessels are based on the
maximum length of the vessel multiplied by the maximum width of diameter. The fee for
internal and external inspections of each unfired pressure vessel subject to inspection

- 47 - 011718

are in an amount adopted by the board pursuant to § 62-15-102. The fee for any unfired
pressure vessel not greater than a cross-sectional area of fifty square feet (50 sq. ft.)
may not exceed thirty dollars ($30.00). The fee on unfired pressure vessels that exceed
fifty square feet (50 sq. ft.) in cross section area, may not exceed more than one
hundred dollars ($100) per day for the actual inspection time of each inspector on any
one (1) vessel.
(b) A group of unfired pressure vessels, such as the rolls of a paper machine or
dryer operating as a single machine or unit, is considered as one (1) unfired pressure
vessel.
(c) The fee for biennial or required inspections of high-pressure boilers are
based on the maximum heating surface of the vessel. The fee for internal and external
inspections of each high-pressure boiler subject to inspection are in an amount adopted
by the board pursuant to § 62-15-102. The fee charged for inspection of a high-pressure
boiler may not exceed sixty dollars ($60.00).
(d) The fee for biennial or required internal and external inspections of each low-
pressure boiler subject to inspection is in an amount adopted by the board pursuant to §
62-15-102. The fee for a low-pressure boiler may not exceed thirty dollars ($30.00).
(e) Shop inspections, special inspections, inspections of secondhand or used
boilers, including boilers that have changed ownership and location after primary use,
and quality control system reviews conducted by the chief or deputy inspectors are
charged at a rate to be determined by the board, plus all expenses, including travel
expenses. The inspections or reviews may not be charged at a rate to exceed seven
hundred dollars ($700) for an eight-hour work day.
62-15-114. Bond furnished by chief and deputy inspectors.

- 48 - 011718

The chief inspector shall furnish a bond in the amount of five thousand dollars
($5,000), and each of the deputy inspectors, employed and paid by this state, shall
furnish a bond in the sum of two thousand dollars ($2,000) conditioned upon the faithful
performance of their duties and upon a true account of moneys handled by them
respectively and the payment of moneys to the proper recipient. The state treasurer
shall pay the cost of the bonds.
62-15-115. Appeals from orders or acts of inspectors.
Any person aggrieved by an order or act of an inspector or the chief inspector
under this part, may, within fifteen (15) days after notice thereof, appeal from such order
or act to the board. The board shall hear the appeal in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5.
62-15-116. Receipt for fees — Fee increase as penalty — Fee exemptions.
(a) The chief inspector shall give an official receipt for all fees, which must
constitute expendable receipts of the department in addition to the appropriations
otherwise available.
(b) The fee for any inspection or inspection certificate under this chapter is
increased fifty percent (50%) if the fee is not paid within sixty (60) days from the date of
the invoice for such inspection or certificate.
(c) The inspection and inspection certificate fees prescribed in this part do not
apply to boilers located in municipalities having valid laws, ordinances, or regulations
that comply with the standards defined in § 62-15-105(c).
62-15-201. Short title.
This part is known and may be cited as the "Boiler Erectors and Repairers Act."
62-15-202. License required.

- 49 - 011718

Any person, corporation, partnership, or firm engaged in or desiring to engage in
the work of repairing or erecting steam boilers, steam kettles, pressure tanks, or steam
generators in this state shall obtain a license to perform such work from the board of
boiler rules, as created in the department of commerce and insurance by § 62-15-101.
62-15-203. "Erect" defined for this part.
As used in this part, "erect":
(1) Includes only such steam boilers, steam kettles, pressure tanks, or
steam generators as are assembled at the place of installation, and does not
include such steam boilers, steam kettles, pressure tanks, or steam generators
as are constructed at the place of manufacture and delivered to the place of
installation; and
(2) Does not include sectional boilers constructed of cast iron.
62-15-204. Application for license — Examination — Approval — Issuance.
An application for license under this part must be made to the chief inspector of
steam boilers and unfired pressure vessels, and the applicant must pass an examination
as prescribed by the board of boiler rules and given by the chief inspector. The
applicant must also meet and continue to comply with the minimum qualifications
established by the board of boiler rules and the recommended rules for repairs
promulgated by the National Board of Boiler and Pressure Vessel Inspectors.
Thereafter, at the earliest meeting of the board of boiler rules, the application must be
submitted to the board for its approval along with the recommendation of the chief
inspector, and upon the finding of the board of boiler rules that the applicant has
satisfied the requirements of this part, the chief inspector is authorized to issue a license
to the applicant.

- 50 - 011718

62-15-205. License fee — Renewal — Fee maximums — Disposition of fees
collected — Duty of enforcement.
(a) The original issuing fee and renewal fee are each to be in an amount
adopted by the board pursuant to its authority under § 62-15-102. Such fees must not
exceed one hundred dollars ($100) for the first year and sixty dollars ($60.00) for each
annual renewal. The license must be renewed by the time of its expiration by payment
in advance the annual renewal fee.
(b) The license is valid for one (1) year from the date of issuance unless sooner
revoked for cause by the commissioner of commerce and insurance.
(c) All fees under this part must be paid to the department of commerce and
insurance and are expendable fees to be used by the department of commerce and
insurance in enforcing this part. The chief inspector of the department shall enforce this
part.
62-15-206. Exclusions.
(a) This part does not apply to persons, corporations, partnerships, or firms that
are complying with the rules of the interstate commerce commission or to persons,
corporations, partnerships, or firms that have their own maintenance personnel who are
limited to the lawful erection and repair of their own boiler equipment.
(b) This part does not apply to those persons, corporations, partnerships, or
firms engaged in the work of repairing or erecting those types of steam boilers
specifically excluded by § 62-15-105.
62-15-207. Local laws not affected.
(a) This part does not replace any municipal law or ordinance that regulates and
licenses the repair or erection of steam boilers, steam kettles, pressure tanks, or steam
generators. This part does not prevent the local officials or board of such municipalities

- 51 - 011718

from the exclusive right to regulate or enforce all such local laws, ordinances, rules, and
regulations in effect.
(b) This part does not permit the repair or erection of boilers without first
complying with the requirements of the such local laws, ordinances, rules, and
regulations provided for such repair or erection of boilers.
62-15-208. Penalty for violation.
(a) It is unlawful for any person, corporation, partnership, or firm to engage in the
work of repairing or erecting steam boilers, steam kettles, pressure tanks, or steam
generators in this state without a valid license as provided under this part.
(b) Any violation of this part is a Class C misdemeanor. Each day of such
violation constitutes a separate offense.
(c) This section does not apply to any person repairing such equipment when a
licensed repair worker cannot be readily obtained and an emergency exists.
62-15-209. Construction of part.
This part is supplemental to part 1 of this chapter. This part must not be
construed as conflicting with part 1 of this chapter.
SECTION 8. The headings in this act are for reference purposes only and do not
constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
requested to include the headings in any compilation or publication containing this act.
SECTION 9. All rules promulgated by the board of boiler rules and the elevator and
amusement device safety board, with the assistance and under the authority of the department
of labor and workforce development on such boards' behalf prior to July 1, 2026, and in effect
on the date that this act becomes a law, remain in full force and effect and must be administered
by such boards with the assistance and under the authority of the division of health related

- 52 - 011718

boards within the department of commerce and insurance until duly amended, repealed,
expired, modified, or suspended.
SECTION 10. For the purposes of promulgating and transferring rules, this act takes
effect upon becoming a law, the public welfare requiring it. For all other purposes, this act takes
effect July 1, 2026, the public welfare requiring it.