Section 0780-02-03-.10 - DISPUTE RESOLUTION(1) Disputes that arise during the plans review process shall be resolved as follows: (a) When a dispute as to the interpretation or applicability of a code provision arises between the owner or designer of a project and the plans examiner, the dispute shall be submitted to the Plans Examiner Manager of Codes Enforcement for resolution.(b) If the owner or designer disagrees with the decision of the Plans Examiner Manager of Codes Enforcement, the dispute shall be submitted to the Director of Codes Enforcement for resolution.(c) If the owner or designer disagrees with the decision of the Director of Codes Enforcement, the dispute shall be submitted to the Assistant Commissioner for Fire Prevention for resolution.(d) If the owner or designer disagrees with the decision of the Assistant Commissioner for Fire Prevention, the dispute shall be submitted to the Commissioner of Commerce and Insurance or the Commissioner's designee for resolution.(e) If the owner or designer disagrees with the decision of the Commissioner of Commerce and Insurance or the Commissioner's designee, the owner or designer may elect to have the dispute submitted to a panel of outside parties for resolution. 1. The panel of outside parties shall consist of three (3) individuals, one (1) selected by the owner or designer, one (1) selected by the Commissioner of Commerce and Insurance and one (1) selected by the Executive Director of the Board of Architectural and Engineering Examiners.2. The members of the panel shall have a background in architecture, engineering, plans review, construction or building/codes inspections. Panel members shall be compensated at a rate of one hundred fifty dollars ($150.00) per day.3. The owner or designer seeking to have the dispute submitted to the panel of outside parties shall submit an application for appeal on a form provided by the Division along with an application fee of one hundred dollars ($100.00). The owner or designer shall pay a fee of four hundred fifty dollars ($450.00) for each day of the appeal to pay the per diem of the panel members.(f) At any point during this process, the parties may agree to submit the dispute to the publisher of the code section at issue for an opinion.(2) Disputes that arise during the inspection process shall be resolved as follows:(a) When a dispute arises as to the interpretation or applicability of a code provision between the owner, designer or contractor on a project and the Fire and Building Code Inspector inspecting the project, and the project is being constructed in accordance with plans and specifications approved by the Division, the dispute shall be submitted to the Fire and Building Code Manager.(b) If the owner, designer or contractor disagrees with the decision of the Fire and Building Code Manager, the dispute shall be submitted to the Director of Codes Enforcement for resolution.(c) If the owner, designer or contractor disagrees with the decision of the Director of Codes Enforcement, the dispute shall be submitted to the Assistant Commissioner for Fire Prevention for resolution.(d) If the owner, designer or contractor disagrees with the decision of the Assistant Commissioner for Fire Prevention, the dispute shall be submitted to the Commissioner of Commerce and Insurance or the Commissioner's designee for resolution.(e) If the owner, designer or contractor disagrees with the decision of the Commissioner of Commerce and Insurance or the Commissioner's designee, the owner, designer or contractor may elect to have the dispute submitted to a panel of outside parties for resolution.1. The panel of outside parties shall consist of three (3) individuals, one (1) selected by the owner, designer or contractor, one (1) selected by the Commissioner of Commerce and Insurance and one (1) selected by the Executive Director of the Board of Architectural and Engineering Examiners.2. The members of the panel shall have a background in architecture, engineering, plans review, construction or building/codes inspections. Panel members shall be compensated at a rate of one hundred fifty dollars ($150.00) per day.3. The owner, designer or contractor seeking to have the dispute submitted to the panel of outside parties shall submit an application for appeal on a form provided by the Division along with an application fee of one hundred dollars ($100.00). The owner, designer or contractor shall pay a fee of four hundred fifty dollars ($450.00) for each day of the appeal to pay the per diem of the panel members.(f) At any point during this process, the parties may agree to submit the dispute to the publisher of the code section at issue for an opinion.(3) The entire dispute resolution process set forth in paragraphs (1) and (2) above shall be completed as quickly as possible, but no more than thirty (30) calendar days from the date that the dispute is first submitted for resolution, unless the dispute is submitted to the code publisher for an opinion.(4) If there are any fees charged by the code publisher for rendering its opinion, those fees shall be paid by the owner of the project before final approval of the subject plans and specifications will be issued by the Division.(5) Any appeal of the dispute beyond the Commissioner of Commerce and Insurance shall be submitted in accordance with the provisions of the Uniform Administrative Procedures Act, compiled at T.C.A. §§ 4-5-301 et seq., pertaining to Contested Case Hearings.Tenn. Comp. R. & Regs. 0780-02-03-.10
New rule filed October 2, 2008; effective December 16, 2008. Amendments filed March 29, 2010; effective June 27, 2010. Rule was previously numbered 0780-02-03-.11 but was renumbered 0780-02-03-.10 with the deletion of original rule 0720-02-03-.08 filed December 8, 2022; effective 3/8/2023. Amendments filed December 8, 2022; effective 3/8/2023.Authority: T.C.A. §§ 68-102-113, 68-120-101(a) and (d), and 68-120-401.