Section 0780-02-03-.05 - APPROVAL OF PLANS(1) The Division shall examine or cause to be examined the accompanying submittal documents and shall approve the documents if they are in compliance with the minimum standards for fire prevention, fire protection, and building construction safety in effect at the time of the initial submission. (a) Approval may be granted for construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been submitted. The project's owner, designer or contractor shall proceed at their own risk and without assurance that approval for the entire structure will be granted.(b) Plans and specifications submittals that have been found to have deficiency(s) that prevent approval shall be closed due to inactivity eighteen (18) months after the most recent review if no response is submitted by the architect or engineer to correct the deficiency(s). After the closure of a project due to inactivity, new plans and specifications will be required to be submitted to the codes in effect at the time of the new submission along with the applicable fees. The Commissioner of Commerce and Insurance, or the Commissioner's designee, is authorized to allow the file to remain open for an additional period of time. A request to keep the file open must be requested in writing and justifiable cause must be demonstrated.(c) If submitted plans and specifications have not been approved within twelve (12) months after the effective date of any adopted revisions to the codes in effect at the time of the initial submission, the submittal shall be closed and new plans and specifications will be required to be submitted in compliance with the codes in effect at the time of the new submission along with the applicable fees. The Commissioner of Commerce and Insurance, or the Commissioner's designee, is authorized to allow the file to remain open for an additional period of time. A request to keep the file open must be requested in writing and justifiable cause must be demonstrated.(2) The Division will not issue a review of plans and specifications unless a plans review submittal form and all fees have been received by the Division except where state agencies are to be billed or journal vouchered for the fees.(a) When the fee for review of plans and specifications for construction is to be collected from another state department or agency, review may begin once all information needed to invoice or journal voucher the other state department or agency has been received.(3) No final approval of plans and specifications shall be valid unless the construction represented by such plans and specifications has substantially progressed within six (6) months after the effective date of any adopted revisions of the standards in effect at the time of the initial submission. Construction must be completed and a certificate of occupancy issued within twenty-four (24) months after the commencement of construction; provided, however, the Division, upon appropriate written request and for good cause shown, may grant written approval of additional time to complete construction.(4) A full-sized paper copy of the approved plans and specifications shall be placed on the job site prior to the commencement of construction and shall be retained on the job site until a certificate of occupancy has been issued by the Division. The approved plans shall be located in an area that is readily available to the inspector. If the plans are not readily available to the inspector during the inspection, the inspector may fail the inspection.(5) Construction shall proceed in accordance with the plans and specifications as approved. If construction is completed in accordance with the approved plans and specifications, the building represented by such plans and specifications shall be exempt from subsequently adopted standards for fire prevention, fire protection, and building construction safety, unless the non-conformity of the building to such standards poses a serious life safety hazard.(6) No approval of, or failure to review, plans and specifications by the Division shall relieve the owner, developer, contractor, or designing architect or engineer of their respective responsibilities for compliance with applicable codes respecting fire prevention, fire protection, and building construction.(7) Where a building governed by the provisions of this Chapter is constructed in violation of this Chapter, original registered architect and engineer designed plans and specifications shall be submitted for review and approval. If such plans and specifications cannot be produced, as-built plans shall be submitted. The plans and specifications shall meet the more stringent requirements of the codes in effect at the time of construction and the currently adopted codes for existing buildings prior to approval. After plans are approved and the construction has been properly inspected, the Division will issue the owner a letter stating that the facility has been determined to comply with this Chapter. An applicable review fee as authorized by this Chapter will apply based on the value of the building at the time of submission.Tenn. Comp. R. & Regs. 0780-02-03-.05
Original rule filed July 27, 1982; effective August 26, 1982. Amendment filed November 14, 1983; effective December 14, 1983. Amendment filed October 11, 1985; effective November 10, 1985. Amendment filed July 9, 1990; effective August 22, 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. 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, 68-120-101, 68-120-101(a), and 68-120-101(d).