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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) Where a utility does not customarily prepare plans and designs for utility infrastructure within a plan of development and requires a customer or customer representative to prepare and submit such plans and designs, the utility shall:
(1) Not charge a fee of more than the fee established in a schedule of fees and charges adopted by the utility for review of the plans and designs; and
(2) Complete the review of the plans and designs within sixty (60) business days of the date the plans and designs are submitted to the utility and are determined by the utility to be complete. The sixty-business-day review time frame required under this subdivision (a)(2) does not include the time spent by a state or federal regulatory body to provide any approvals that are required under applicable state or federal regulatory requirements.
(b) If the utility does not complete the review in accordance with subdivision (a)(2), then the customer or customer representative who submitted the plan or design may hire a third-party plans examiner to review the plans and designs for compliance with all applicable state and federal regulatory requirements, codes, and local requirements.
(c) If a customer or customer representative engages a third-party plans examiner pursuant to subsection (b) in lieu of review by the utility, then the customer or customer representative shall submit the appropriate fee, if such fee was not already submitted, and a stamped and sealed copy of all plans that were examined to the utility and provide:
(1) The name, intended address, and local jurisdiction of the planned development;
(2) The third-party plans examiner's name;
(3) A sworn statement under penalty of perjury by the third-party plans examiner, declaring that the plans comply with the applicable state and federal regulatory requirements, applicable codes, and local requirements, and that no deficiencies remain;
(4) A statement of the state and federal regulatory requirements used to perform the plans examination;
(5) A statement of the applicable codes of the local jurisdiction and the codes used to perform the plans examination;
(6) A statement of the local requirements of the utility used to perform the plans examination;
(7) The occupancy classification of the structure;
(8) Evidence of the examiner's eligibility to serve as a third-party examiner, including all necessary proof of insurance; and
(9) Other information as the utility may reasonably require.
(d) No later than ten (10) business days after submission of the documents required under subsection (c), the utility shall:
(1) Approve the plans, if the plans comply with state and federal regulatory requirements, local standards, and applicable codes;
(2) Provide to the customer or customer representative a report of deficiencies; or
(3) Request additional information necessary to ensure compliance with state and federal regulatory requirements, local standards, and applicable codes.
(e) If ten (10) business days pass and the utility fails to take an action as required by subsection (d), then the utility must refund any associated plan review fees that were collected, and the plans are deemed approved by the utility.
(f) If the plan of development is approved after review by a third-party plans examiner and the customer engages an approved contractor to install or construct utility infrastructure, the utility shall perform inspections of the installation and construction of the utility infrastructure in the development. The utility may also inspect materials and test the utility infrastructure as part of such inspections. The customer or its approved contractor is responsible for the costs of correcting any deficiencies in the installation and construction, and the utility is not required to accept or commission the utility infrastructure until the utility determines that the installation and construction complies with all applicable requirements under this part. The utility may charge a reasonable fee for such inspections and testing in accordance with a schedule of fees or charges adopted by the utility and made publicly available.
(g) This section does not apply to the types of plans and designs of utility infrastructure that are customarily prepared by the utility for the customer in accordance with a standard practice that is in effect at the utility as of July 1, 2025, or a policy that is subsequently adopted by the utility.
Cite this article: FindLaw.com - Tennessee Code Title 7. Consolidated Governments and Local Governmental Functions and Entities § 7-51-2704 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-7-consolidated-governments-and-local-governmental-functions-and-entities/tn-code-sect-7-51-2704/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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