The commissioner is authorized to:

(1) Carry out or cause to be carried out all provisions of this part;

Terms Used In Tennessee Code 68-14-503

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Commissioner: means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-14-502
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of health. See Tennessee Code 68-14-502
  • establishment: means a private home, inn or other unique residential facility offering bed and breakfast accommodations and one (1) daily meal and having four (4), but not more than twelve (12), guest rooms furnished for pay, with guests staying not more than fourteen (14) days, and where the innkeeper resides on the premises or property or immediately adjacent to it. See Tennessee Code 68-14-502
  • homestay: means a private home, inn or other unique residential facility offering bed and breakfast accommodations and one (1) daily meal and having less than four (4) guest rooms furnished for pay, with guests staying not more than fourteen (14) days, and where the innkeeper resides on the premises or property or immediately adjacent to it. See Tennessee Code 68-14-502
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(2) Collect all fees provided for in this part and apply the fees in accordance with the procedures of the department of finance and administration to the necessary and incidental costs of administration of this part. Nothing in this part shall be construed to prohibit the department of health from receiving by way of general appropriation such sums as may be required to fund adequately the implementation of this part, as recommended in the annual budget by the governor to the general assembly;
(3)

(A) Prescribe rules and regulations governing the alteration, construction, sanitation, safety and operation of establishments, as may be necessary to protect the health and safety of the public, and to require every bed and breakfast establishment to comply with these rules and regulations; provided, that the commissioner shall not prescribe any such rules and regulations in conflict with the minimum statewide building construction standards established by the state fire marshal pursuant to § 68-120-101;
(B)

(i) Homestays shall be exempt from the rules and regulations applicable to bed and breakfast establishments, and the commissioner shall not be required to inspect or issue permits for such facilities. Homestays shall be regulated by the state fire marshal in accordance with the minimum statewide building construction standards applicable to residential property composed of one- and two-family units, in the same manner as such property would be regulated if it were not used as a bed and breakfast homestay;
(ii) This subdivision (3)(B) shall only apply to homestays located in a structure of historical significance. For the purposes of this subdivision (3)(B), a “structure of historical significance” is a structure listed on the National Register of Historic Places, or is determined by the state historical commission to be eligible to be placed on the National Register of Historic Places, or is a structure that is within an area designated by the local governing body as a historical or conservation district;
(4) Inspect or cause to be inspected at least once every six (6) months, or as often as the commissioner deems necessary, every establishment in the state to determine compliance with this part and rules and regulations;
(5) Issue or cause to be issued, suspend and revoke permits to operate establishments as provided in this part;
(6) Notify the owner, proprietor or agent in charge of any establishment of the changes or alterations that may be necessary to effect complete compliance with this part and rules and regulations governing the construction, alteration and operation of the facilities, and to close the facilities for failure to comply within specified times as provided in this part and rules and regulations; and
(7) Enter into an agreement or contract with county health departments whereby the departments would implement this part or its equivalent in their respective areas of jurisdiction if the commissioner deems it to be appropriate; provided, that the following conditions shall apply:

(A) State reporting requirements shall be met by the county health department or departments;
(B) The county health department’s program standards shall be at least as stringent as those of the state law and regulations;
(C) The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health department or departments and to terminate the agreement or contract for cause immediately, or otherwise upon reasonable notice;
(D) The commissioner may set such other fiscal, administrative or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program; and
(E) Staffing and resources shall be adequate to implement and enforce the program in the local jurisdiction.
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