(1) Carry out or cause to be carried out all provisions of this part;
(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 subdivision (2) shall be construed to prohibit the department 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) Prescribe rules and regulations governing the alteration, construction, sanitation, safety and operation of hotels, food service establishments and public swimming pools, as may be necessary to protect the health and safety of the public, and require every hotel, food service establishment and public swimming pool to comply with these rules and regulations and grant variances and waivers for public swimming pools from the requirements of this part or applicable rules and regulations; provided, that such variance or waiver shall not constitute a health or safety hazard as determined by the commissioner. The rules or regulations prohibiting live animals in the presence of dining facilities shall be waived if an adequately engineered forced air exhaust system is installed for the permitted facility. The rules or regulations requiring that food be obtained from sources that comply with all laws relating to food and food labeling shall be waived for churches, temples, synagogues or other religious institutions, civic, fraternal, or veteran's organizations, if the food is served only to the homeless and the food is prepared in a church, temple, synagogue or other religious institution, civic, fraternal, or veteran's organization or in a private home or homes by persons who have successfully completed a training course of at least two (2) hours, conducted by the department, and the consumer is informed by a clearly visible placard, readily understandable to the average person, stating that the food may have been prepared in a facility that is not subject to regulation or inspection by the department. The rules or regulations requiring that food be obtained from sources that comply with all laws relating to food and food labeling shall be waived for houses or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and that are supported by a § 501(c)(3) organization, as defined in 26 U.S.C. § 501(c)(3), that has as a component of its mission the support of programs that directly improve the health and well-being of children, if the food is prepared in such a house or other residential structure or in a private home or homes by persons who have successfully completed a training course of at least two (2) hours, conducted by the department, and the consumer is informed by a clearly visible placard, readily understandable to the average person, stating that the food may have been prepared in a facility that is not subject to regulation or inspection by the department. 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;
(4) Inspect or cause to be inspected at least once every six (6) months, and as often as the commissioner may deem necessary, every hotel and food service establishment in the state, with the exception of those food service establishments licensed by the department of mental health and developmental disabilities, and inspect or cause to be inspected at least once per month, and as often as the commissioner deems necessary, every public swimming pool 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 hotels, food service establishments and public swimming pools as provided in this part;
(6) Notify the owner, proprietor, or agent in charge of any hotel, food service establishment or public swimming pool of such changes or alterations as may be necessary to effect complete compliance with the provisions of this part and rules and regulations governing the construction, alteration and operation of the facilities, and close the facilities for failure to comply within specified times as provided in this part and rules and regulations;
(7) Enter into an agreement or contract with county health departments whereby the departments would implement the provisions of 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 must be met by the county health department or departments;
(B) The county health department program standards must 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 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;
(E) Staffing and resources must be adequate to implement and enforce the program in the local jurisdiction;
(F) All permit fees, fines, and penalties shall be deposited directly into the state treasury;
(G) Beginning with fiscal year 2004-2005, all fees under this chapter shall be reviewed biennially to determine the appropriateness and amount relative to the overall cost of the program; and
(H) (i) Ninety-five percent (95%) of permit fees collected within a contract county pursuant to §§ 68-14-312 68-14-314 shall be conveyed by contract to the respective county health department to assist such county health department in implementing the program in the local jurisdiction. This amount shall be calculated based upon fees collected in the contract county during the state's fiscal year multiplied by ninety-five percent (95%).
(ii) No contract county shall charge a local permit fee. By July 30 of each year, each contract county shall provide a report to the commissioner for the preceding fiscal year documenting the total cost relative to carrying out the provisions of the contract and the amount of state and local permit fees collected. The report shall be on a form provided by the commissioner;
(8) Enter into an agreement or contract with the Tennessee department of agriculture whereby it would enforce the provisions of this part and regulations promulgated under this part regarding delicatessens in grocery stores; and
(9) Levy and collect fees for inspections of food service establishments; provided, that no fee shall be charged for reinspections of such establishments; and provided further, that in no event shall an inspection or reinspection fee be levied or collected from a child care center, a group child care home, or a family child care home, as defined by § 71-3-501.
(1) Carry out or cause to be carried out all provisions of this part;
(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 subdivision (2) shall be construed to prohibit the department 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) Prescribe rules and regulations governing the alteration, construction, sanitation, safety and operation of hotels, food service establishments and public swimming pools, as may be necessary to protect the health and safety of the public, and require every hotel, food service establishment and public swimming pool to comply with these rules and regulations and grant variances and waivers for public swimming pools from the requirements of this part or applicable rules and regulations; provided, that such variance or waiver shall not constitute a health or safety hazard as determined by the commissioner. The rules or regulations prohibiting live animals in the presence of dining facilities shall be waived if an adequately engineered forced air exhaust system is installed for the permitted facility. The rules or regulations requiring that food be obtained from sources that comply with all laws relating to food and food labeling shall be waived for churches, temples, synagogues or other religious institutions, civic, fraternal, or veteran's organizations, if the food is served only to the homeless and the food is prepared in a church, temple, synagogue or other religious institution, civic, fraternal, or veteran's organization or in a private home or homes by persons who have successfully completed a training course of at least two (2) hours, conducted by the department, and the consumer is informed by a clearly visible placard, readily understandable to the average person, stating that the food may have been prepared in a facility that is not subject to regulation or inspection by the department. The rules or regulations requiring that food be obtained from sources that comply with all laws relating to food and food labeling shall be waived for houses or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and that are supported by a § 501(c)(3) organization, as defined in 26 U.S.C. § 501(c)(3), that has as a component of its mission the support of programs that directly improve the health and well-being of children, if the food is prepared in such a house or other residential structure or in a private home or homes by persons who have successfully completed a training course of at least two (2) hours, conducted by the department, and the consumer is informed by a clearly visible placard, readily understandable to the average person, stating that the food may have been prepared in a facility that is not subject to regulation or inspection by the department. 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;
(4) Inspect or cause to be inspected at least once every six (6) months, and as often as the commissioner may deem necessary, every hotel and food service establishment in the state, with the exception of those food service establishments licensed by the department of mental health and developmental disabilities, and inspect or cause to be inspected at least once per month, and as often as the commissioner deems necessary, every public swimming pool 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 hotels, food service establishments and public swimming pools as provided in this part;
(6) Notify the owner, proprietor, or agent in charge of any hotel, food service establishment or public swimming pool of such changes or alterations as may be necessary to effect complete compliance with the provisions of this part and rules and regulations governing the construction, alteration and operation of the facilities, and close the facilities for failure to comply within specified times as provided in this part and rules and regulations;
(7) Enter into an agreement or contract with county health departments whereby the departments would implement the provisions of 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 must be met by the county health department or departments;
(B) The county health department program standards must 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 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;
(E) Staffing and resources must be adequate to implement and enforce the program in the local jurisdiction;
(F) All permit fees, fines, and penalties shall be deposited directly into the state treasury;
(G) Beginning with fiscal year 2004-2005, all fees under this chapter shall be reviewed biennially to determine the appropriateness and amount relative to the overall cost of the program; and
(H) (i) Ninety-five percent (95%) of permit fees collected within a contract county pursuant to §§ 68-14-312 68-14-314 shall be conveyed by contract to the respective county health department to assist such county health department in implementing the program in the local jurisdiction. This amount shall be calculated based upon fees collected in the contract county during the state's fiscal year multiplied by ninety-five percent (95%).
(ii) No contract county shall charge a local permit fee. By July 30 of each year, each contract county shall provide a report to the commissioner for the preceding fiscal year documenting the total cost relative to carrying out the provisions of the contract and the amount of state and local permit fees collected. The report shall be on a form provided by the commissioner;
(8) Enter into an agreement or contract with the Tennessee department of agriculture whereby it would enforce the provisions of this part and regulations promulgated under this part regarding delicatessens in grocery stores; and
(9) Levy and collect fees for inspections of food service establishments; provided, that no fee shall be charged for reinspections of such establishments; and provided further, that in no event shall an inspection or reinspection fee be levied or collected from a child care center, a group child care home, or a family child care home, as defined by § 71-3-501.
(1) Carry out or cause to be carried out all provisions of this part;
(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 subdivision (2) shall be construed to prohibit the department 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) Prescribe rules and regulations governing the alteration, construction, sanitation, safety and operation of hotels, food service establishments and public swimming pools, as may be necessary to protect the health and safety of the public, and require every hotel, food service establishment and public swimming pool to comply with these rules and regulations and grant variances and waivers for public swimming pools from the requirements of this part or applicable rules and regulations; provided, that such variance or waiver shall not constitute a health or safety hazard as determined by the commissioner. The rules or regulations prohibiting live animals in the presence of dining facilities shall be waived if an adequately engineered forced air exhaust system is installed for the permitted facility. The rules or regulations requiring that food be obtained from sources that comply with all laws relating to food and food labeling shall be waived for churches, temples, synagogues or other religious institutions, civic, fraternal, or veteran's organizations, if the food is served only to the homeless and the food is prepared in a church, temple, synagogue or other religious institution, civic, fraternal, or veteran's organization or in a private home or homes by persons who have successfully completed a training course of at least two (2) hours, conducted by the department, and the consumer is informed by a clearly visible placard, readily understandable to the average person, stating that the food may have been prepared in a facility that is not subject to regulation or inspection by the department. The rules or regulations requiring that food be obtained from sources that comply with all laws relating to food and food labeling shall be waived for houses or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and that are supported by a § 501(c)(3) organization, as defined in 26 U.S.C. § 501(c)(3), that has as a component of its mission the support of programs that directly improve the health and well-being of children, if the food is prepared in such a house or other residential structure or in a private home or homes by persons who have successfully completed a training course of at least two (2) hours, conducted by the department, and the consumer is informed by a clearly visible placard, readily understandable to the average person, stating that the food may have been prepared in a facility that is not subject to regulation or inspection by the department. 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;
(4) Inspect or cause to be inspected at least once every six (6) months, and as often as the commissioner may deem necessary, every hotel and food service establishment in the state, with the exception of those food service establishments licensed by the department of mental health and developmental disabilities, and inspect or cause to be inspected at least once per month, and as often as the commissioner deems necessary, every public swimming pool 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 hotels, food service establishments and public swimming pools as provided in this part;
(6) Notify the owner, proprietor, or agent in charge of any hotel, food service establishment or public swimming pool of such changes or alterations as may be necessary to effect complete compliance with the provisions of this part and rules and regulations governing the construction, alteration and operation of the facilities, and close the facilities for failure to comply within specified times as provided in this part and rules and regulations;
(7) Enter into an agreement or contract with county health departments whereby the departments would implement the provisions of 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 must be met by the county health department or departments;
(B) The county health department program standards must 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 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;
(E) Staffing and resources must be adequate to implement and enforce the program in the local jurisdiction;
(F) All permit fees, fines, and penalties shall be deposited directly into the state treasury;
(G) Beginning with fiscal year 2004-2005, all fees under this chapter shall be reviewed biennially to determine the appropriateness and amount relative to the overall cost of the program; and
(H) (i) Ninety-five percent (95%) of permit fees collected within a contract county pursuant to §§ 68-14-312 68-14-314 shall be conveyed by contract to the respective county health department to assist such county health department in implementing the program in the local jurisdiction. This amount shall be calculated based upon fees collected in the contract county during the state's fiscal year multiplied by ninety-five percent (95%).
(ii) No contract county shall charge a local permit fee. By July 30 of each year, each contract county shall provide a report to the commissioner for the preceding fiscal year documenting the total cost relative to carrying out the provisions of the contract and the amount of state and local permit fees collected. The report shall be on a form provided by the commissioner;
(8) Enter into an agreement or contract with the Tennessee department of agriculture whereby it would enforce the provisions of this part and regulations promulgated under this part regarding delicatessens in grocery stores; and
(9) Levy and collect fees for inspections of food service establishments; provided, that no fee shall be charged for reinspections of such establishments; and provided further, that in no event shall an inspection or reinspection fee be levied or collected from a child care center, a group child care home, or a family child care home, as defined by § 71-3-501.
