Section 0780-02-03-.02 - SUBMISSION OF PLANS(1) No person shall commence construction of any educational occupancy, or daycare center that is licensed by the Department of Human Services or the Department of Education until plans and specifications have been submitted to and approved in writing by the Division. The following exceptions to such plans review will apply: (a) An existing building with an educational occupancy or daycare center that enrolls twenty-four (24) or fewer students may have review for code compliance determined through inspection by the state fire marshal. An applicable review fee as authorized by this Chapter will apply. The state fire marshal may require limited plans review if it is necessary to ensure adequate code compliance.(b) An existing building with an educational occupancy or daycare center that enrolls between twenty-five (25) and ninety-nine (99) students will be subjected to a limited plans review. An applicable review fee as authorized by this Chapter will apply.(2) No person shall commence construction of an Assembly Group A structure or portion of a structure, as defined in the building code adopted in Chapter 0780-02-02, with a calculated occupant load of three hundred (300) or more persons until plans and specifications have been submitted to and approved in writing by the Division. (a) For the purposes of application of the building code adopted in Chapter 0780-02-02, rooms, buildings or structures used as banquet halls where the primary purpose is not serving both food and alcoholic drinks may be classified as Assembly Group A-3.(b) This requirement shall not apply to buildings or structures located in a jurisdiction of local government that has obtained an exemption authorized by T.C.A. § 68-120-101(b)(2).(3) No person shall commence construction of any Business Group B structure or portion of a structure, as defined in the building code adopted in Chapter 0780-02-02, that is three (3) stories or more, until plans and specifications have been submitted to and approved in writing by the Division. This requirement shall not apply to buildings or structures located in a jurisdiction of local government that has obtained an exemption authorized by T.C.A. § 68-120-101(b)(2).(4) No person shall commence construction of any Residential Group R structure or portion of a structure, as defined in the building code adopted in Chapter 0780-02-02 until plans and specifications have been submitted to and approved in writing by the Division. (a) This requirement shall not apply to buildings or structures regulated by Chapter 0780-02-23.(b) This requirement shall not apply to buildings or structures located in a jurisdiction of local government that has obtained an exemption authorized by T.C.A. § 68-120-101(b)(2).(5) No person shall commence construction of any covered mall building, as defined in the building code adopted in Chapter 0780-02-02, until plans and specifications have been submitted to and approved in writing by the Division. This requirement shall not apply to buildings or structures located in a jurisdiction of local government that has obtained an exemption authorized by T.C.A. § 68-120-101(b)(2).(6) No person shall commence construction of any High-hazard Group H-1 or H-2 structure or portion of a structure, as defined in the building code adopted in Chapter 0780-02-02, until plans and specifications have been submitted to and approved in writing by the Division. Structures used only for storage of materials shall not require plans and specifications and approval by the Division. This requirement shall not apply to buildings or structures located in a jurisdiction of local government that has obtained an exemption authorized by T.C.A. § 68-120-101(b)(2).(7) No person shall commence construction of any Institutional Group I structure or portion of a structure, as defined in the building code adopted in Chapter 0780-02-02, with accommodations for overnight sleeping until plans and specifications have been submitted to and approved in writing by the Division. (a) This requirement shall not apply to structures that are regulated by other state agencies for building and fire safety.(b) This requirement shall not apply to buildings or structures located in a jurisdiction of local government that has obtained an exemption authorized by T.C.A. § 68-120-101(b)(2).(8) No person shall commence construction of any occupancy that requires an inspection by the Division for initial licensure requirements of other state departments or agencies until plans and specifications have been submitted to and approved in writing by the Division.(9) No person shall commence construction of any Institutional Group I-3 structure or portion of a structure, as defined in the building code adopted in Chapter 0780-02-02, or change occupancy condition until plans and specifications have been submitted to and approved in writing by the Division. This requirement shall not apply to buildings or structures located in a jurisdiction of local government that has obtained an exemption authorized by T.C.A. § 68-120-101(b)(2).(10) No person shall commence construction of any state-owned building until plans and specifications have been submitted to and approved in writing by the Division. This requirement shall not apply to state buildings that are leased and located in a jurisdiction of local government that has obtained an exemption authorized by T.C.A. § 68-120-101(b)(2).(11) For buildings that meet the plans submission requirements of 0780-02-03-.02(1) through (10), any factory manufactured structure which has been designed and constructed in accordance with the Tennessee Modular Building Act (T.C.A. §§ 68-126-301 et seq.) shall be exempt from plan submission of the building or structure; however, submission of modular unit specifications and a site plan showing building location, fire department access, fire hydrant locations and testing, site work for fire alarm and fire protection systems, and adjacent buildings or structures shall be required to be submitted. Additional plans may be required as deemed necessary by the Division.(a) Except for state buildings (owned and leased), educational occupancies, and day care centers licensed by the Department of Human Services or the Department of Education, this requirement shall not apply to buildings or portions that are located in a jurisdiction of local government that has obtained an exemption authorized by T.C.A. § 68-120-101(b)(2).(b) A single Educational Group E modular classroom that is located outside of a jurisdiction of local government that has obtained an exemption authorized by T.C.A. § 68-120-101(b)(2) shall be exempt from plan submission requirements but must be inspected.(c) All schools that are located outside jurisdictions that have obtained an exemption authorized by T.C.A. § 68-120-101(b)(2) must notify the Division of a re-located modular unit and an inspection shall be performed by the Division.(12) Any single-story, open-air pavilion or shed shall not require plans to be submitted and approved by the Division. Open-air shall mean that eighty (80) percent of the building's perimeter and interior are open to the outside from the floor to the roof or ceiling.(13) When an assembly occupancy's occupant load exceeds two hundred fifty (250), the Division may require plans to be submitted for a No Review Letter in order to calculate the maximum occupant load if, upon inspection, it appears that the calculation might be incorrect.Tenn. Comp. R. & Regs. 0780-02-03-.02
Original rule filed August 17, 1976; effective September 16, 1976. Repealed and new rule filed July 27, 1982; effective August 26, 1982. Amendment filed October 11, 1985; effective November 10, 1985. Amendment filed July 9, 1990; effective August 23, 1990. Amendment filed March 13, 1996; effective May 27, 1996. Amendment filed June 12, 2001; effective August 26, 2001. Amendments filed October 19, 2005; effective January 2, 2006. Emergency rule filed July 27, 2007; effective through January 8, 2008. Emergency rule expired January 9, 2008 and reverted to rule in effect on July 26, 2007. Amendment filed December 11, 2007; effective February 24, 2008. Amendments filed October 2, 2008; effective December 16, 2008. Amendments filed March 29, 2010; effective June 27, 2010. Amendments filed December 8, 2022; effective 3/8/2023.Authority: T.C.A. §§ 68-102-113, 68-102-113(a), 68-120-101, 68-120-101(a) and 68-120-101(d).