68-122-105 - Exemptions Municipal laws or ordinances.

68-122-105. Exemptions Municipal laws or ordinances.

(a)  This part shall not apply to the following boilers:

     (1)  Boilers under federal control or boilers that are used to generate electricity under contract with the Tennessee Valley authority;

     (2)  Unfired pressure vessels meeting the requirements of the interstate commerce commission for shipment of liquids or gases under pressure;

     (3)  Air tanks located on vehicles operating under the rules of other state authorities and used for carrying passengers or freight;

     (4)  Air tanks installed on the right-of-way of railroads and used directly in the operation of trains;

     (5)  Unfired pressure vessels having a volume of five (5) cubic feet or less;

     (6)  Unfired pressure vessels designed for working pressure not exceeding fifteen pounds (15 lbs.) per square inch gauge; or

     (7)  Unfired pressure vessels containing liquefied petroleum gases.

(b)  The following boilers shall be exempt from the requirements of §§ 68-122-110 68-122-113:

     (1)  Boilers located on farms and used solely for agricultural purposes;

     (2)  Steam boilers used for heating purposes carrying a pressure of not more than fifteen pounds (15 lbs.) per square inch gauge,  that are located in private residences or in apartment houses of less than six (6) families;

     (3)  Hot water heating boilers carrying a pressure of not more than thirty pounds (30 lbs.) per square inch gauge, that are located in private residences or in apartment houses of less than six (6) families; or

     (4)  Unfired pressure vessels containing only water under pressure for domestic supply purposes and operated at a temperature of not over two hundred degrees Fahrenheit (200°F), including those containing air, the compression of which serves only as a cushion for airlift pumping systems.

(c)  This part shall not have the effect of replacing any municipal law or ordinance in municipalities having regulations controlling the design, construction, location, installation, inspection, and operation of boilers where such local laws, ordinances or regulations are in substantial conformity with the commonly accepted standards of safety concerning the design, construction, location, installation, inspection and operation of boilers and in substantial conformity with the published standards of the Boiler Construction Code of the American Society of Mechanical Engineers, and nothing in this part shall be construed as preventing the local officials or boards of such municipalities from the exclusive right to regulate or enforce all such local laws, ordinances or regulations now in force or hereafter enacted as may comply with the standards above defined, and no provision of this part shall be construed as permitting the erection of boilers without first obtaining a building or like permit from the proper municipal authorities in compliance with local laws and ordinances provided therefor.

[Acts 1949, ch. 246, § 5; C. Supp. 1950, § 5347.4 (Williams, § 5371.8); Acts 1953, ch. 197, § 1; 1955, ch. 48, § 3; T.C.A. (orig. ed.), § 53-2705; T.C.A., § 68-20-105; Acts 2008, ch. 730, § 1.]