Under Tennessee Code § 68-120- 101, counties have three options in dealing with statewide residential building codes. By a two-thirds majority, a county legislative body may opt-out of residential building codes. Secondly, a county may adopt its own set of building codes and begin local enforcement of those codes. Lastly, if the county legislative body takes no action, the State will automatically begin enforcement of the new codes. Since the statewide residential codes law took effect in 2010, the Lawrence County Commission has been one of 37 counties in Tennessee, that has opted-out of the minimum state residential codes for one and two family dwellings. However, recently, county officials have been informed that their opt-out status will now come at a price.

At a meeting as-a-whole in September, stat officials informed county leaders that despite the county's opt-out status, residential inspections had been taking place in the county for the past six years, in particular dealing with citizens who are seeking loans through federally funded programs such as USDA Rural Development, VA and FHA. They explained that these programs require applicants to have inspections and receive a Certificate of Occupancy in order to comply with the terms of their loan. According to the State, if a county opts-out of residential codes, even private citizens are not allowed to voluntarily request inspections within the county's jurisdiction. This effectively means that so long as the county is opted-out of residential codes, citizens would not be able to fulfill the terms for such programs and loans going forward. This new interpretation of the law left several local leaders surprised.

"I have served on the commission ever since the state legislature passed the residential codes law in 2009 and I had never heard this interpretation of the law until recently," said Commissioner Chris Jackson.  "The county commission has always opted out of residential codes based on the assumption that opting out meant there would be no government mandated codes within the county; not that private citizens and builders could not get inspections if they needed them. This new interpretation of the law appears to be an effort to strong-arm local governments into adopting these codes against our wishes," he explained. 

Jackson added that the adoption of residential codes has always been an unpopular issue with the citizens in his district and he worries that if the county were to adopt current residential codes, that it would eventually lead to more comprehensive codes being pushed by the state and federal levels, that would pose a serious financial burden on the citizens of the county.

According to state officials, if the county were to adopt residential codes, people beginning construction on a new residential home must obtain a permit and inspections must be performed, generally during the foundation, framing, and final stages of construction. The cost of the permit would based on the cost of construction. For a home costing between $5,000 and $100,000, the permit would be $350. For each additional $50,000 in construction cost, the permit would increase exponentially by $50. On each project, one free re-inspection may be performed if the building were to fail an earlier inspection. However, each additional re-inspection would cost an additional $100. Any additions added to one or two family dwelling of more than thirty square feet would also require a permit.  Contractors and sub-contractors would also have to be state licensed and certified under the codes program. That coupled with new requirements on what kind of materials contractors can use in construction would likely lead to higher construction costs locally. 

The resolution that will be considered later this month by the commission will ask the state legislature to amend the current residential codes law to allow for voluntary inspections in counties that opt out of the statewide law. "Our goal is to get the support of our state leaders to amend the support law so that citizens in counties such as ours that opt-out of building codes, can request home inspections if they so choose," said County Executive TR Williams, who is opposed to adopting residential codes in the county. "By amending the current law to allow for inspections in opt-out counties, the state would offer local governments a true opt-out which is in line with our citizens' wishes," Williams added. 

Williams and Jackson said they have already spoken to State Representative Barry Doss and he has indicated he would be willing to file the legislation in January when the new legislative session starts to hopefully remedy the situation as soon as possible.