Section 0780-02-19-.12 - INADEQUATE ENFORCEMENT(1) The state fire marshal will notify the exempt jurisdiction of any finding of inadequacy during the on-site exit review meeting following the follow-up audit. The audit team leader will send a written notice of any finding of inadequate enforcement to the exempt jurisdiction's chief enforcement officer and to the leader of its highest governing body. In that notice, the state fire marshal may, following the methods prescribed in T.C.A. § 4-5-320(c), require said exempt jurisdiction to immediately cease performance in any area in which a grade of inadequate enforcement is received upon receipt of the written notice.(2) The audit team may perform a follow-up audit at a time of its choosing after issuing a finding of inadequate enforcement in order to evaluate the progress made to improve the codes enforcement program. The follow-up audit will be conducted in the same manner as the audit process as outlined in rules 0780-2-19-.03 through 0780-2-19-.11.(3) If the follow-up audit results in a follow-up audit report finding of adequate enforcement or marginal enforcement, then the jurisdiction may resume independent codes enforcement activity under T.C.A. § 68-120-101 for those areas in which it was formerly required to cease due to the written notice of the state fire marshal after an original grade of inadequate enforcement.Tenn. Comp. R. & Regs. 0780-02-19-.12
Original rule filed March 16, 2005; effective May 30, 2005.Authority: T.C.A. § 68-120-101(b)(3)(B).