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HB3019-SB3727
Fire and Codes Inspections of Tutorials and Cooperatives

REMEMBER the House version is scheduled for the next day, Wednesday, April 9 at 10:00 a.m. in Room 30 of the Legislative Plaza. Check here for streaming video. Alternatively, you can find video streaming at the state's site, look for the sub-committee schedule and click on the link for the Industrial Impact sub-committee.

4/5/08: Rep. Stacey Campfield (R-Knoxville) has forwarded the following suggested changes to HB3109 from the Department of Commerce

This is the proposed change to the Department of Commerce rules:

0780-2-3-.01 DEFINITIONS

(1)       As used in this chapter, unless the context otherwise requires:

(d)       Educational occupancy means the use of a building or structure, or a portion thereof, for educational purposes by six (6) or more persons for four (4) or more hours per day or more than eight hours (8) in a single day or more than twelve (12) hours per week. Educational occupancy includes part-day nursery schools and day care centers licensed by the Department of Human Services or licensed by the Department of Education, and all other schools including kindergarten through twelfth grade.  An educational facility is distinguished from assembly occupancy in that the same occupants are regularly present.

And here is the Department of Commerce's proposed amendment which would become HB3109.

AMEND Senate Bill No. 3727                                               House Bill No. 3019

By deleting all language after the enacting clause and by substituting instead the following:

SECTION 1.  Tennessee Code Annotated, Section 68-120-101 is amended by adding the following language as a new, appropriately designated subsection:

( ).  Notwithstanding the provisions of subsection (b)(2), above, no local government may adopt or enforce ordinances or regulations regarding building construction safety standards or fire safety standards applicable to educational occupancies, as that term is defined by the rules promulgated pursuant to subsection (a), that are more stringent than those adopted by the state fire marshal.

It is important that this information be widely published and that those that participate and run tutorials and cooperatives vet these proposed changes and then provide comments back to Rep. Campfield and the committee members.

4/2/08: What a day! Up until the last moment the amendment to this bill was being tweaked, it was briefly discussed in committee with most of the comment time being had by the Dept. of Commerce and finally there was a meeting with Department of Commerce Staff that afternoon.

YouTube links and descriptors at HB3109_2008-04-02.htm

03-26-08: This bill was heard but also scheduled to be heard again next week April 2, 2008, Wednesday at 10:00 a.m. in Room 30 of the Legislative Plaza because of a clerical mix-up.

The committee did vote to approve the following amendment to the original bill:

Amend Senate Bill 3727            House Bill 3019

By adding the following language to the end of the amendatory language of Section 1 of the printed bill:

This section is intended to and shall preempt and supersede all existing and future county, town, city or municipal ordinances or regulations respecting the subject covered by this section.

AND FURTHER AMEND by adding the following language to the end of the amendatory language of Section 2 of the printed bill:

This section is intended to and shall preempt and supersede all existing and future county, town, city or municipal ordinances or regulations respecting the subject covered by this section.

See http://TnHomeEd.com/LContact for a map, parking and other info. Rep. Campfield's amendment while filed in time didn't make it into the committee member's packets and so by their committee rules couldn't be voted on. Rep. Campfield did introduce the bill and answer some questions regarding its purpose. Kay Brooks, Founder of TnHomeEd.com also testified at the request of the committee. You can view the video at HB3019 03-26-08 and see further commentary on the hearing.

Tutorial and cooperative leaders are especially urge to contact Rep. Stacey Campfield (R-Knoxville) with details about any contacts you may have had with Fire Marshals or codes people. Anyone else who's had similar contact, we know of one family whose home was visited, please do contact Rep. Campfield. Here's a link to the contact information for the Industrial Impact sub-committee.

03-19-08: This bill was scheduled to be heard in the House Industrial Impact sub-committee but due to the press of HB2795 the bill THEA asked bill sponsor Rep. Stacey Campfield (R-Knoxville) to roll it for a week. He was happy to cooperate.

The fiscal note for this bill is 'Not Significant'.