Tenn. Code § 68-14-302

Current through Acts 2023-2024, ch. 1069

Section 68-14-302 - Part definitions

As used in this part, unless the context otherwise requires:

(1) "Alteration" shall be defined by rule, but shall not mean function replacement that equals or makes better the existing operation of the facility;

(2) "Commissioner" means the commissioner of health, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner;

(3) "Critical items" means those aspects of operation or conditions of facilities or equipment that, if in violation, constitute the greatest hazards to health and safety, including imminent health hazards. Critical items shall include, but are not limited to, the following:

(A) Restriction of employees with infection - (hotels, pools);

(B) Proper cleanliness and good hygiene practices of employees - (hotels);

(C) Proper sanitizing of utensils and equipment - (hotels);

(D) Approved water supply, hot and cold running water under pressure - (hotels, pools);

(E) Sewage, liquid waste disposal - (hotels, pools);

(F) No cross connection, backsiphonage - (hotels, pools);

(G) Toilet and hand washing facilities for employees - (hotels);

(H) Insects and rodents - (hotels);

(I) Toxic items properly stored and labeled - (hotels);

(J) Fire safety - (hotels);

(K) Safety - (pools);

(L) Excessive turbidity - (pools);

(M) Total absence of approved sanitizing residuals - (pools);

(N) Failure or lack of filtration, sanitizing and cleaning equipment and chemicals - (pools); and

(O) Absence or lack of required supervisory personnel - (pools);

(4) "Department" means the department of health;

(5) "Homeowners' association" means a nonprofit corporation that manages or contracts for the management of the common areas of a residential multi-family housing development. A homeowners' association is governed by a board of directors elected by a majority vote of the individual homeowners;

(6) "Hotel" means any building or establishment kept, used, or maintained as, or advertised as, or offered to the public to be, a place where sleeping accommodations are furnished for pay to transients or travelers, whether or not meals are served to transients or travelers; "hotel" does not include a short-term rental unit, as defined in § 13-7-602;

(7) "Imminent health hazard" means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person;

(8) "Multi-family residential housing" means condominiums, subdivisions, and individual residential housing developments that share common grounds, parking facilities, tennis courts, swimming pools and similar recreational facilities that are operated by a homeowners' association;

(9) "Multi-family residential housing swimming pool" means a private swimming pool maintained by a homeowners' association solely for the use and benefit of the members of the homeowners' association and their guests;

(10) "Person" means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments; and

(11) "Public swimming pools" means a structure of man-made materials, located either indoors or outdoors, used for bathing or swimming, or for instructional purposes in swimming, diving, or other aquatic activities by humans, together with buildings, appurtenances, and equipment used in connection with the structure. "Public swimming pools" also includes spa-type, wading, special purpose pools or water recreation attractions including, but not limited to, those operated at or in camps, child care facilities, cities, clubs, subdivisions, apartment buildings, counties, institutions, schools, motels, hotels, and mobile home parks to which admission may be gained with or without payment of a fee.

T.C.A. § 68-14-302

Amended by 2018 Tenn. Acts, ch. 972, s 2, eff. 5/17/2018.

Amended by 2013 Tenn. Acts, ch. 182, s 23, eff. 7/1/2015.

Acts 1985, ch. 171, § 5; 1991, ch. 190, § 2; 1994, ch. 848, § 1; 1995, ch. 383, § 2; 1995, ch. 429, § 2; 1995, ch. 509, § 1; 2001, ch. 311, § 9; 2003 , ch. 230, §§ 1, 2; 2004, ch. 939, § 1; 2005, ch. 289, § 1; 2009 , ch. 493, § 2.