Amends TCA Title 68, Chapter 120.

ON APRIL 21, 2021, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 749, AS AMENDED. AMENDMENT #1 rewrites this bill and revises present law provisions governing statewide building construction safety standards. Present law requires the state fire marshal to promulgate rules establishing minimum statewide building construction safety standards. The standards must be designed to afford a reasonable degree of safety to life and property from fire and hazards incident to the design, construction, alteration and repair of buildings or structures. Present law mandates that the standards must not discriminate against or in favor of particular construction materials or techniques. This amendment specifies that the prohibition regarding "techniques" applies to "construction techniques" and: (1) Authorizes a local government to adopt a regulation or code, pertaining to construction materials by ordinance or resolution, as appropriate, by majority vote. If passage of the ordinance or resolution requires two readings, then the requirement may only be adopted after reading it in open session of the legislative body at meetings on two different days. If passage of the ordinance or resolution requires three readings, then the last two readings must occur on two different days. A proposed requirement pertaining to construction materials must be a separate item on the agenda and include, in bold type and all caps, the following statement in the meeting notice: THE PROPOSED ORDINANCE REQUIRES CERTAIN MATERIALS TO BE RESTRICTED IN THE CONSTRUCTION OF BUILDINGS; (2) Requires that consideration of a requirement pertaining to construction materials be by separate vote. If the requirement is to be part of a general ordinance or resolution, then the requirement pertaining to construction materials must be severable from the rest of the ordinance or resolution, and voted on separately; (3) Provides that if a local government seeks to modify a regulation, code, or ordinance adopted pursuant to this amendment, then the local government must make the modification in the same manner as required to adopt a requirement; (4) Mandates that a regulation, ordinance, or code adopted pursuant to this amendment must not prohibit a particular construction material that is approved by a national building code or the state fire marshal; (5) Requires that a regulation, ordinance, or code adopted pursuant to this amendment allow for the consideration of waivers of the adopted regulation, ordinance, or code pertaining to construction materials, in whole or in part, during the development approval process; (6) Specifies that denial of a waiver related to a regulation, ordinance, or code referenced in item (5) will not constitute a prohibition under item (4); and (7) Provides that, except to the extent local law conflicts with this amendment, this amendment neither grants nor removes local governmental authority to promulgate provisions under home rule charters, private acts, or general state law. The provisions of this amendment regarding a local government's adoption of a regulation or code, pertaining to construction materials do not limit the professional judgment of a licensed design professional with respect to electrical, mechanical, or plumbing standards. For purposes of local government adoption of a regulation, code, or ordinance relating to construction materials, this bill as amended will take effect upon becoming law. For all other purposes, this bill as amended will take effect September 1, 2021.