Tennessee Housing Codes
Healthy Homes Provisions
Developed by the National Center for Healthy Housing
based on information from www.iccsafe.org
and www.municode.com on January 15, 2008.
See www.healthyhomestraining.org/codes/
Page 1 of 10
Tennessee Communities Adopting the
International Property Maintenance Code
(counties adopting the code in bold typeface)
Community IPMC Version
Anderson County 2003
Brentwood 2003
Bristol 2006
Cheatham County 2006
Clinton 2003
Columbia 2000
Cowan 2003
Crossville 2003
Farragut 2006
Fayetteville 2006
Franklin 2003
Gallatin 2003
Goodlettsville 2003
Greenbrier 2003
Harriman 2003
Community IPMC Version
Hendersonville 2006
Kingsport 2006
Knox County 2006
Lakesite 2003
Marion County 2003
McMinnville 2003
Millington 2003
Mt. Juliet 2006
Murfeesboro
Nashville
Davidson County
Pleasant View 2003
Spring Hill 2003
Tullahoma 2003
Union City 2000
__________________________________________________________
A. TN Department of Health Regulations: Rented Premises Unfit for Habitation
The State’s Health, Safety and Environmental Protection Code (Title 68) authorizes the state’s health
department to issue rental property minimum health standards, which establish living and building
conditions that render a dwelling unfit for human habitation. § 68-111-102.
The TN Department of Health promulgated Chapter 1200-1-2, the Rented Premises Unfit for
Habitation regulations. These regulations:
• Establish minimum standards for ventilation (and electrical lighting). § 1200-1-2-.03.
• Generally require that dwelling have a winter temperature of at least 68 degrees, and that heating
equipment using a flame be vented to the outside. § 1200-1-2-.04
Also, the regulation sets requirements for “safe and sanitary maintenance” which require that:
• Foundations, roofs doors and windows be reasonably weathertight, watertight, and dampfree,
and kept in sound condition and good repair.
• Toxic paint and materials not be used where readily accessible to children.
• Floors, interior walls, and ceilings be sound and in good repair.
Tennessee Housing Codes
Healthy Homes Provisions
Developed by the National Center for Healthy Housing
based on information from www.iccsafe.org
and www.municode.com on January 15, 2008.
See www.healthyhomestraining.org/codes/
Page 2 of 10
• Premises be graded, drained, and free of standing water which would be conducive to mosquito
breeding.
• During insect season, dwelling doors and windows generally be supplied with screens.
• Windows and openings at or near ground level which might provide entry for rodents have
screens.
• Every multiple dwelling or rooming house be kept reasonably free of household vermin (but
landlords shall not be required to carry out treatment measures more than twice per year).
• Fences provided by the landlord be maintained in safe condition or removed.
• Every foundation, roof, floor, exterior and interior wall, ceiling, stair and porch be safe to use
and capable kept in sound condition and good repair.
• Every bathroom and kitchen floor surface be reasonably impervious to water and easy to keep in
a clean and sanitary condition.
• Stairways be constructed to meet regulatory standards.
§ 1200-1-2-.05.
B. TN Uniform Residential Landlord and Tenant Act (URLTA)
ULTRA requires that landlords:
• “Comply with requirements of applicable building and housing codes materially affecting health
and safety”;
• Make repairs and “do whatever is necessary” to keep premises “in a fit and habitable condition”;
• Keep common areas “in a clean and safe condition”; and
• For complexes of four (4) or more units, provide and maintain appropriate receptacles and
conveniences for removal of ashes, garbage, rubbish and waste.
§ 66-28-304.
Also, ULTRA provides a tenant alternative remedies when a landlord fails to supply “essential
services,” which is defined to mean “utility services, including gas, heat, electricity, and any other
obligations imposed upon the landlord which materially affect the health and safety of the tenant.” §
66-28-502(a)(3). The tenant may procure the services and deduct the costs from the rent; procure
reasonable substitute housing, and not pay rent to the non-complying landlord; or recover damages
based upon the diminution in fair rental value of the dwelling unit if the tenant continues to occupy
premises. § 66-28-502(a)(1).
Furthermore, ULTRA requires that a tenant:
• “Comply with all obligations primarily imposed upon tenants by applicable building and housing
codes materially affecting health and safety”;
• Keep his/her premises clean and safe as the condition when the tenant took possession; and
• Dispose of his/her ashes, rubbish, garbage, and other waste to the designated collection areas and
receptacles.
§ 66-28-401.
Tennessee Housing Codes
Healthy Homes Provisions
Developed by the National Center for Healthy Housing
based on information from www.iccsafe.org
and www.municode.com on January 15, 2008.
See www.healthyhomestraining.org/codes/
Page 3 of 10
III. RELEVANT PROVISIONS
Source: www.tennesseanytime.gov
A. TN Health, Safety and Environmental Protection Code
Title 68
Chapter 111 Rented Premises Unfit for Human Habitation (Safety)
§ 68-111-102. Minimum health standards.
The state department of health shall establish and distribute to each county and public health
department of the state minimum health standards in the rental of any premises; these
standards shall establish living and building conditions of a dwelling that render it unfit for
human habitation.
TN Department of Health and TN Department of Environment and Conservation
CHAPTER 1200-1-2 RENTAL PREMISES UNFIT FOR HABITATION
§ 1200-1-2-.01 DEFINITIONS Tenn. Comp. R. & Regs. R. 1200-1-2-.01
(1) Accessory Structure shall mean a detached structure located on or partially on any
premises which is not used or not intended to be used for living or sleeping by
human occupants.
(2) Dwelling shall mean any enclosed space that is wholly or partly used for living or
sleeping by human occupants, providing that temporary housing shall not be
regarded as a dwelling.
(3) Dwelling Unit shall mean any room or group of rooms forming a single habitable
unit with facilities which are used for living, sleeping, cooking, and eating.
(4) Flush Water Closet shall mean a toilet bowl flushed with water under pressure
with a water filled trap above the floor level. Such toilet bowls shall have a smooth,
easily cleanable surface.
(5) Habitable Room shall mean a room or enclosed floor space used or intended to be
used for living, sleeping, cooking or eating purposes, excluding bathrooms, water
closet compartments, laundries, furnace room, pantries, kitchenettes and utility rooms
with less than 50 square feet, foyers or communicating corridors, stairways, and
closets, storage spaces and work shops, hobby and recreation areas in unceiled or
uninsulated parts of structures below ground level or in attics.
Tennessee Housing Codes
Healthy Homes Provisions
Developed by the National Center for Healthy Housing
based on information from www.iccsafe.org
and www.municode.com on January 15, 2008.
See www.healthyhomestraining.org/codes/
Page 4 of 10
(6) Health Department shall mean the city or county health department having
jurisdiction in the political subdivision in which a complaint is filed.
(7) Multiple Dwelling shall mean any dwelling containing more than two dwelling
units.
(8) Ordinary Winter Conditions shall mean a temperature 15 [degrees] F. above the
lowest recorded temperature in locality for prior ten year period.
(9) Rooming House shall mean any dwelling or that part of any dwelling containing
one or more rooms or groups of rooms forming a single habitable unit used for living
and sleeping but not provided with facilities for cooking. This definition does not
include those hotels used as rooming houses and which are regulated under the
provisions of Chapter 21 of Title 53, Tennessee Code Annotated.
(10) Where Water Under Pressure is Available shall mean that a connection has been
or can be made to an existing water supply, public or private, which is within 200
feet of the dwelling and such private supply is owned by the landlord.
§ 1200-1-2-.02 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND
FACILITIES
Tenn. Comp. R. & Regs. R. 1200-1-2-.02
(1) Every dwelling unit shall have a space in which food may be prepared and/or
cooked which shall be equipped with the following except where central food service
is provided by the owner:
(a) Where water under pressure is available a kitchen sink in each dwelling
unit properly connected to the hot and cold potable water supply pipes and to
a sewer system approved by the health department.
(b) A stove, or similar device for cooking food, and a refrigerator or similar
device for the safe storage of food at temperatures less than 50 [degrees] F.
but more than 32 [degrees] F. under ordinary maximum summer conditions,
which are properly installed with all necessary connections for safe, sanitary
and efficient operation, provided that such stove, refrigerator and/or similar
devices need not be installed when the occupant is expected to provide same
on occupancy, and that sufficient space and adequate connections for the safe
and efficient installation and operation of a stove, refrigerator and/or similar
devices are provided.
(2) Where water under pressure is available every dwelling unit shall have a tub or
Tennessee Housing Codes
Healthy Homes Provisions
Developed by the National Center for Healthy Housing
based on information from www.iccsafe.org
and www.municode.com on January 15, 2008.
See www.healthyhomestraining.org/codes/
Page 5 of 10
shower and a flush water closet located in a room affording privacy and lavatory
properly connected with hot and cold water supply pipes and sewer system approved
by the health department. Where water under pressure is not available, a sanitary pit
privy shall be provided. A bathroom containing a tub or shower, lavatory and flush
water closet may be shared by two (2) dwelling units if:
(a) It is enclosed in a separate room affording privacy to the occupant.
(b) The habitable area of such dwelling unit shall not exceed more than four-
hundred (400) square feet of floor area.
(c) The fixtures are placed in a room used solely for toilet purposes and
accessible without passing through the other dwelling unit or outside the
dwelling.
(d) Each dwelling unit shall have facilities for storage of drugs and household
poisons that are out of sight and out of reach of small children.
(e) Access to or egress from each dwelling unit shall be provided without
passing through any other dwelling unit.
(f) All exterior doors, windows and other openings of the dwelling unit shall
be equipped with safe, functioning locking devices.
§ 1200-1-2-.03 MINIMUM STANDARDS FOR LIGHT AND VENTILATION
Tenn. Comp. R. & Regs. R. 1200-1-2-.03
(1) Ventilation shall be provided by openable doors and at least one (1) openable
window equal to at least four percent (4%) of total floor area of each room except
where there is supplied some other device affording adequate ventilation.
(2) Electric lighting facilities shall consist of at least two (2) separate wall type
convenience outlets or one (1) ceiling type fixture and one (1) wall type outlet for
every habitable room. Every bathroom or water closet compartment, hall and stairway,
shall have at least one (1) lighting fixture which shall provide adequate light. All
electrical systems shall be properly installed and maintained in a safe condition.
§ 1200-1-2-.04 MINIMUM THERMAL STANDARDS
Tenn. Comp. R. & Regs. R. 1200-1-2-.04
(1) Every dwelling unit shall have heating facilities which are properly installed, and
are maintained in safe and good working condition, and are capable of safely and
adequately heating all habitable rooms, bathrooms and water closet compartments in
every dwelling unit located therein to a temperature of at least 68 [degrees] F. at a
distance of eighteen (18) inches above floor level under ordinary winter conditions
provided that such heating facilities need not be installed when the occupant is
expected to provide same on occupancy and that adequate connections for the safe
installation and operation of a heating facility are provided.
Tennessee Housing Codes
Healthy Homes Provisions
Developed by the National Center for Healthy Housing
based on information from www.iccsafe.org
and www.municode.com on January 15, 2008.
See www.healthyhomestraining.org/codes/
Page 6 of 10
(2) Heating equipment employing a flame must be vented outside the structure in an
approved manner unless such equipment is Underwriters Laboratory approved for
installation without venting. If employing solid or liquid fuel a fire-resistant panel
shall be installed beneath the heating device.
§ 1200-1-2-.05 GENERAL REQUIREMENTS RELATING TO THE SAFE AND
SANITARY MAINTENANCE OF PARTS OF DWELLING UNITS
Tenn. Comp. R. & Regs. R. 1200-1-2-.05
(1) Every foundation, roof and exterior wall, door, skylight, and window shall be
reasonably weathertight, watertight, and dampfree, and shall be kept in sound
condition and good repair. Toxic paint and materials shall not be used where readily
accessible to children. Floors, interior walls, and ceilings shall be sound and in good
repair. Walls shall be capable of affording visual privacy to the occupants. Every
premises shall be graded, drained, and free of standing water which would be
conducive to mosquito breeding.
(2) During that portion of the year when there is a need for protection against
mosquitoes, flies and other flying insects, every door opening directly from a
dwelling unit to outside space shall have supplied properly fitting screens having at
least sixteen (16) mesh and self-closing devices; and every window or other device
with openings to outdoor space, used or intended to be used for ventilation, shall
likewise be supplied with screens, except that such screens shall not be required (a) in
rooms in the upper stories of a building free from such insects (b) in rooms located in
areas which are deemed by the health department to have so few insects as to render
screens unnecessary.
(3) Every window located at or near ground level used or intended to be used for
ventilation, and every other opening located at or near ground level which might
provide an entry for rodents, shall be supplied with adequate screen or such other
devices as will effectively prevent their entrance in areas with heavy rat infestations
as determined by the health department.
(4) Every multiple dwelling or rooming house shall be kept reasonably free of
household vermin provided that the landlord shall not be required to carry out
treatment measures more than twice per year.
(5) The landlord of multiple dwellings must provide two (2) garbage cans per
dwelling unit with a capacity of at least twenty (20) gallons each and not more than
thirty-two (32) gallons each. Bulk containers that can be emptied mechanically may
be used in lieu of garbage cans when service is available for emptying such containers.
These containers shall have a capacity of 1/4 cubic yard per dwelling unit. (These
capacities are based on twice per week service.)
Tennessee Housing Codes
Healthy Homes Provisions
Developed by the National Center for Healthy Housing
based on information from www.iccsafe.org
and www.municode.com on January 15, 2008.
See www.healthyhomestraining.org/codes/
Page 7 of 10
(a) All containers both individual and bulk shall be of such design as to be
rodentproof, and they shall be covered. These containers must be of an
easily cleanable construction and must be cleaned at such intervals as to
prevent health hazards, odors, and other nuisances.
(b) Containers must be located so that each dwelling unit will be within a
reasonable distance of a solid waste container.
(c) All containers shall be emptied at least one (1) time per week.
(6) All fences provided by the landlord shall be maintained in safe condition or shall
be removed.
(7) Accessory structures provided by the landlord shall be structurally sound, and
shall be maintained in safe repair or such structures shall be removed from the
premises.
(8) Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside
stair, every porch and every appurtenance thereto, shall be safe to use and capable of
supporting the loads that normal use may cause to be placed thereon; and shall be
kept in sound condition and good repair.
(9) Every water closet compartment, bathroom, and kitchen floor surface shall be
constructed and maintained so as to be reasonably impervious to water and to permit
such floor to be easily kept in a clean and sanitary condition.
(10) Every dwelling unit shall have at least one safe and unobstructed means of egress
leading to a safe and open space at ground level.
(11) Every dwelling unit shall have at least one outside window or other opening
which can be readily opened from the inside without the use of tools and which is
adequate in size of opening, configuration, and location to provide a safe emergency
escape or rescue.
(12) Stairways with four (4) or more risers (three steps) shall be equipped with
structurally sound handrails. Every inside and outside stairway shall have uniform
risers and uniform treads. Stair railings with balusters spaced no greater than six (6)
inches apart shall be provided on unenclosed stairways and ramps. Porches and/or
balconies located more than three (3) feet higher than the adjacent area shall have
structurally sound protective guardrails with balusters spaced no greater than six (6)
inches apart on all unenclosed sides. Handrails, stairrails, and protective guardrails
shall be at least thirty (30) inches high. Alternate systems providing at least the same
degree of protection, if approved by the inspecting authority, shall be acceptable.
Tennessee Housing Codes
Healthy Homes Provisions
Developed by the National Center for Healthy Housing
based on information from www.iccsafe.org
and www.municode.com on January 15, 2008.
See www.healthyhomestraining.org/codes/
Page 8 of 10
§ 1200-1-2-.06 ROOMING HOUSES
Tenn. Comp. R. & Regs. R. 1200-1-2-.06
(1) Every house shall be equipped with at least one flush water closet, one lavatory,
and one tub or shower for each persons or fraction thereof within the rooming house,
including members of the family if they are to share the use of facilities. In rooming
houses in which rooms are let only to males, flush urinals may be substituted or riot
more than one-half of the required number of water closets. All such facilities shall be
properly connected to the hot and cold water supply and sewer system.
(2) Every flush water closet, flush urinal, lavatory, tub or shower required above shall
be located within the rooming house in a room or rooms, which:
(a) affords privacy
(b) is accessible by a common hall without going outside of the rooming
house
(c) is accessible from a common hall without going through the sleeping
quarters of others
(d) is not more than one story removed from the room of an occupant
intended to share the facilities
(3) Every rooming house shall be provided adequate refuse storage facilities.
B. TN Uniform Residential Landlord and Tenant Act (URLTA)
Title 66, Chapter 28
§ 66-28-304. Maintenance by landlord.
(a) The landlord shall:
(1) Comply with requirements of applicable building and housing codes materially
affecting health and safety;
(2) Make all repairs and do whatever is necessary to put and keep the premises in a fit
and habitable condition;
(3) Keep all common areas of the premises in a clean and safe condition; and
(4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate
receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste
from common points of collection subject to § 66-28-401(3).
(b) If the duty imposed by subdivision (a)(1) is greater than any duty imposed by any other
paragraph of subsection (a), the landlord's duty shall be determined by reference to
subdivision (a)(1).
Tennessee Housing Codes
Healthy Homes Provisions
Developed by the National Center for Healthy Housing
based on information from www.iccsafe.org
and www.municode.com on January 15, 2008.
See www.healthyhomestraining.org/codes/
Page 9 of 10
(c) The landlord and tenant may agree in writing that the tenant perform specified repairs,
maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in
good faith and not for the purpose of evading the obligations of the landlord.
(d) The landlord may not treat performance of the separate agreement described in
subsection (c) as a condition to any obligation or performance of any rental agreement.
§ 66-28-401. General maintenance and conduct obligations.
The tenant shall:
(1) Comply with all obligations primarily imposed upon tenants by applicable provisions
of building and housing codes materially affecting health and safety;
(2) Keep that part of the premises that the tenant occupies and uses as clean and safe as
the condition of the premises when the tenant took possession;
(3) Dispose from the tenant's dwelling unit all ashes, rubbish, garbage, and other waste
to the designated collection areas and into receptacles;
(4) Not deliberately or negligently destroy, deface, damage, impair or remove any part of
the premises or permit any person to do so; and shall not engage in any illegal conduct on the
premises; and
(5) Act and require other persons on the premises, with the tenant's or other occupants'
consent, to act in a manner that will not disturb the neighbors' peaceful enjoyment of the
premises.
§ 66-28-502. Failure to supply essential services.
(a) (1) If the landlord deliberately or negligently fails to supply essential services, the tenant
shall give written notice to the landlord specifying the breach and may do one (1) of the
following:
(A) Procure essential services during the period of the landlord's noncompliance and
deduct their actual and reasonable costs from the rent;
(B) Recover damages based upon the diminution in the fair rental value of the
dwelling unit, provided tenant continues to occupy premises; or
(C) Procure reasonable substitute housing during the period of the landlord's
noncompliance, in which case the tenant is excused from paying rent for the period of the
landlord's noncompliance.
(2) In addition to the remedy provided in subdivision (a)(1)(C), the tenant may recover
the actual and reasonable value of the substitute housing and in any case under this
subsection (a), reasonable attorney's fees.
(3) “Essential services” means utility services, including gas, heat, electricity, and any
other obligations imposed upon the landlord which materially affect the health and safety of
the tenant.
Tennessee Housing Codes
Healthy Homes Provisions
Developed by the National Center for Healthy Housing
based on information from www.iccsafe.org
and www.municode.com on January 15, 2008.
See www.healthyhomestraining.org/codes/
Page 10 of 10
(b) A tenant who proceeds under this section may not proceed under § 66-28-501 or § 66-
28-503 as to that breach.
(c) The rights under this section do not arise until the tenant has given written notice to the
landlord and has shown that the condition was not caused by the deliberate or negligent act or
omission of the tenant, a member of the tenant's family, or other person on the premises with
the tenant's consent.
##
