*This page is regarding the upcoming 2024 Fire and Safety Code enforcement statement for Sevier County overnight rental properties. For details and additional help please contact the City of Sevierville. Disclaimer: These statements are not to be construed as legal, business, or financial advice but is a heads-up regarding future policies stated to the best of our knowledge and ability.

As many of you will recall over the last few years, I’ve been announcing the upcoming code enforcement changes for overnight rentals. While this may be an unwelcome challenge for some owners, these changes are good for the industry overall and for the safety of our guests. As an overnight rental business you will be expected to maintain your property as commercial property and will be required to comply with fire and safety standards like all motels and hotels in addition to residential codes.

We took the liberty to go to the city forum to learn about what their expectations are going to be and what owners will need to do in order to make the transition as smooth as possible for everyone involved. The city will post their notes, the presentation, and other details including the application for property owners on their website.

Key Points:

Permitting requirements extend to all Sevier County overnight rental properties.

Applications will be available on seviercountytn.gov beginning Jan 1, 2024.

The timeframe in which you register your property will not impact when the inspections begin! The city has specified zones and the zone where your property is located will dictate when the inspection happens. So do not delay as this will not change the date you will receive the inspection.

All applications submitted before or on March 31, 2024 will be code qualified by the inspection and “grandfathered” in for the date the structure was built notwithstanding any existing violations.

All inspections will be done annually on the anniversary of the inspection approval date.

All inspections will be scheduled two weeks in advance.

Permits for properties rated at 12 or less occupants will be $250.

More than 12 (13+) occupants will be assessed at the standard $250 +$25/additional occupant.

All properties received after March 31, 2024 will be required to be brought up to the current code as of 2024 (IBC 2016 or more recent editions).

Per the city, inspections will begin on April 1, 2024 non-compliance will result in fines or other penalties.

3-strike rule: If the property is not code compliant within 3 visits the city will bill for time in addition to any fees assessed.

UNANNOUNCED: The city will follow suit with Gatlinburg’s method (per a conversation with a city official) and within the next few years ALL properties will be required to adhere to modern building and commercial codes.

UNANNOUNCED: Per the city officials we spoke with, any future sales of property that are not code compliant must be complaint prior to sale by either the existing homeowner or the new home buyer.

Expectations

We have been in this industry for over a decade and we have been through this with Gatlinburg after the fires of 2017. Gatlinburg began requiring the same code compliances then and I had the inside information that this would eventually come to Sevier County, hence the reason I'd been sharing it with owners whenever possible prior to now. The following are a few examples of what to expect:

Structural integrity:

Any sagging floors.

Any leaning walls.

Loose banisters/railings

Insufficient hot tub support.

Improperly closing/opening doorways.

Grading and flooding issues.

Foundation issues.

Other considerations will be items such as joist hangers, lateral deck tensioners, appropriate fasteners, ledger screws, deck boards, flooring, and other structural issues that can result in damage to person and/or property and be potentially hazardous to people staying on-site.

Fire and Safety:

Fire/Smoke/Carbon monoxide detectors: All smoke alarms and carbon monoxide detectors must go off together when tested, if they are not hard wired then they must be Wi-Fi connected. They will not allow the $6 battery only detectors.

Secondary egress: Having more than one fire escape per floor as directed by the NFPA and Tennessee state code in addition to any Federal codes. The city should be able to provide details regarding your property in the inspection report.

Fire extinguishers must be maintained by a licensed fire extinguisher company and comply with NFPA and code requirements for commercial, rechargeable, fire extinguishers. You will not be allowed to use the store-bought small inexpensive fire extinguishers unless otherwise specified.

Grills, Fire Pits, Fireplaces, and other similar “open flame” amenities: All open flame devices and amenities will be regulated by code. Burn bans must be strictly enforced by the property owners during such times as they will be held liable, most HOAs and similar groups have already been enforcing this rule so you should reach out to whomever is responsible in that regard if you are not directly involved.

Fall Guards and Railing heights: The city will require a hot tub fall guard around the hot tub area. All railings must be a minimum of 42” high and gaps between spindles no more than 4”.

Graspable handrails: All stairs and ramps must have round “graspable” handrails that have the ends turned in to prevent someone’s purse/equipment from getting caught on the way up or down.

Electrical: All NEC (National Electrical Code) requirements will need to be met. This includes but not limited to hot tub quick disconnects, appropriate wire gage for specific appliance applications, GFCI, AFCI, and other code requirements regarding device locations and connections.

Swimming pools, hot tubs, and spas: All national code requirements, and other safety measures outlined in ISPSC code book regarding swimming pools, hot tubs, Jacuzzis, spas, and other “wet” amenities will be required to have appropriate electrical protections, covers, protectors, and “lock-out” mechanisms.

Occupancy Limits: The city will begin enforcing strict limits on how many occupants are allowed to stay on-site. The limit will be assessed by the city, per our conversations with officials, they will use square footage and other means to assess how many people are allowed to stay. According to the Tennessee State Fire Marshall Office, the limit is not arbitrary but is based on how many people can safely evacuate from the building in the event of an emergency based on many factors including construction. Too many people or pets will be catastrophic if one or more persons are unable to get out in an emergency, hence the regulation.

OUR PLAN FOR YOU

“An ounce of prevention is worth a pound of cure” – Benjamin Franklin

The afore-mentioned changes to code requirements are the reason for the “mysterious” changes in my business structure and program over the last year. I've been aware of these changes for over 3 years now and have been steering my buisness in this direction for a long time. I appreciate all the outpouring of owner support and understanding during this transition. We will be making additional changes to our business to accommodate the new guidelines and requirements going forward.

Beginning Jan 1, 2024, we will invite all owners into our new network via our website and app. This will open communication with our team and allow owners to manage their property maintenance needs via a custom network created for Home and Rental Maintenance.

As the window closes for preliminary evaluations, we will not take on or keep any properties that are "off the books" or non-compliant beginning April 1, 2024. I believe by then, excluding new home owners, we will all have had ample time to get prepared, so I’d expect everyone to be ready by the time those inspections occur and of course assist where possible thereafter.

Our three-prong strategy:

Get out in front of potential issues: We highly urge owners to schedule a maintenance inspection prior to the official city inspection to prevent any compliance issues. We are prepared for this and are in position to help owners with their compliance needs. Call today and schedule your appointment with us to reserve a spot on our schedule.

Wait for the report on the “big stuff”: Items such as secondary egress and structural issues will depend on the inspection report. You may have options with the city if there are extenuating circumstances and may offer to look at these on a case-by-case method. My experience is they give you a timeframe to comply and they were very forthcoming regarding their willingness to help owners with the transition (as long as they’re open with the city).

Stay on top of things: In January we will reveal our new “Proactive Maintenance Program” designed to reduce the cost of maintenance while avoiding pitfall issues such as un-reported safety hazards by guests or cleaners. Gone are the days of “glue, screw, tape, and MacGyvering" issues. When we catch potential violations prior to your first inspection and start planning now on what will need to be done, we have more opportunity to maneuver and have more options.

We look forward to working with you and getting your properties ready for the upcoming season. Renewed trust in the safety of overnight rentals will help everyone and together we will succeed.

Kind Regards,

Joshua O’Brien, Owner

Home and Rental Maintenance Services

865-567-0220

admin@homeandrental.net

If you have further questions about the Short-Term Rental Unit Inspection Program or your permit, please call (865) 774-3603 or email firecodequestions@seviercountytn.org.

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