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HEALTH DEPARTMENT

Metropolitan Code of Nashville and Davidson County tit. 2, div. I, ch. 2.36
in effect

Metropolitan Code of Nashville and Davidson County § 2.36.010 Definitions.

2.36.010 - Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Chief medical director" means the chief administrative officer of the board of health, or his designated representative. "Department of health" means the department of health of the metropolitan government. Such term shall include the board and all of its agents, employees and activities. (Prior code § 20-1-1)

Metropolitan Code of Nashville and Davidson County § 2.36.020 Department powers and duties generally.

2.36.020 - Department powers and duties generally. A. The department of health may inspect any premises, matter or thing within its jurisdiction, including, but not limited to, any premises where an activity regulated by this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72 is carried on, and any record required to be kept pursuant to this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72. B. In order to determine whether the provisions of this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72 or provisions of other law which the department of health has the duty to enforce are being complied with, the department of health may investigate or authorize the investigation to be made of any matter, incident, thing, person or event within its jurisdiction, utilizing all of the investigative powers granted by the Metropolitan Charter. C. Subject to the provisions of this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72, or other applicable law, the department of health may take such action as may become necessary to assure the maintenance of public health, the prevention of disease, or the safety of the metropolitan government and its residents. The chief medical director, subject to the directions of the board of health, may establish procedures to be followed during an emergency declared by the board of health to insure the continuation of essential public health services and enforcement. Emergency procedures shall not be limited to the provisions of this chapter. Such procedure may include the reporting of births, fetal deaths and deaths when the normal procedures, as established by applicable law, cannot be met, but this provision does not relieve any person required to file such reports from complying with the appropriate requirements after the emergency period has passed. (Prior code § 20-1-2)

Metropolitan Code of Nashville and Davidson County § 2.36.030 Consistency with federal and state law.

2.36.030 - Consistency with federal and state law. This chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72 are intended to be consistent with applicable federal and state law, and shall be construed, whenever necessary, to achieve such consistency. (Prior code § 20-1-17)

Metropolitan Code of Nashville and Davidson County § 2.36.040 Liberal construction of provisions.

2.36.040 - Liberal construction of provisions. This chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72 shall be liberally construed for the protection of the health and safety of the people of the metropolitan government. (Prior code § 20-1-18)

Metropolitan Code of Nashville and Davidson County § 2.36.050 Computing ratios of personnel and facilities for numbers of persons.

2.36.050 - Computing ratios of personnel and facilities for numbers of persons. When, in this chapter or Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72 a requirement for personnel or facilities is expressed in terms of a ratio of at least so many personnel or so many facilities required for so many persons, places or things, and when the actual number of persons, places or things affected by the requirements is less than or is a fractional part of the number specified in the ratio, then the requirements shall apply also to such lesser number or fractional part of the number specified of such persons, places or things. (Prior code § 20-1-16)

Metropolitan Code of Nashville and Davidson County § 2.36.060 Inspection—Premises providing services to children.

2.36.060 - Inspection—Premises providing services to children. Without limitation of the department of health's general power to inspect pursuant to Section 2.36.020, a building, premises or other place where a child under sixteen years of age who receives care, instruction, education, recreation or other service while not under the supervision of a parent, stepparent or grandparent, may be inspected by the department of health at a reasonable time in order that the health and safety of children may be protected. (Prior code § 20-1-4)

Metropolitan Code of Nashville and Davidson County § 2.36.070 Inspection—Charitable institutions, jails and other metropolitan institutions confining persons.

2.36.070 - Inspection—Charitable institutions, jails and other metropolitan institutions confining persons. Without limitation of the department of health's general power to inspect pursuant to Section 2.36.020, the department of health shall inspect all charitable institutions and all jails and other institutions of the metropolitan government where sick, insane, destitute or other persons are confined. The department of health may cause any person convicted of violating any law or ordinance and who is confined or who is on parole to be examined as to the causes contributing to the delinquency, and shall make and keep a record of such examinations. (Prior code § 20-1-6)

Metropolitan Code of Nashville and Davidson County § 2.36.080 Medicine for indigent persons.

2.36.080 - Medicine for indigent persons. A. The board of health is authorized and directed to establish a program for providing medicine to medically indigent persons residing within the boundaries of the metropolitan government, such program to be operated within the annual budget appropriation designated for this purpose, and to this end the board of health shall establish rules and regulations for the administration of this program, including rules governing the formulary of drugs to be provided and the method of establishing those entitled to the benefits of this program. B. The director of finance is authorized to pay bills submitted to him for medicine furnished the medically indigent. Such bills shall be paid by the director of finance from the annual budget appropriation established for the medically indigent program, but no such bill shall be paid by the director of finance unless it is approved by the board of health or by an official designated by the board and authorized to review and approve such bills. (Prior code § 20-1-7)

Metropolitan Code of Nashville and Davidson County § 2.36.090 Pauper burials.

2.36.090 - Pauper burials. The board of commissioners of the metropolitan social services is authorized and directed to establish a program for the burial of indigent persons residing within the boundaries of metropolitan government, such program to be operated within the annual budget appropriation designated for this purpose, and to this end the board of commissioners of the metropolitan social services shall establish rules and regulations for the administration of this program, including proper purchasing procedures consistent with the established purchasing procedures of the purchasing department of the metropolitan government and the method of establishing those entitled to the benefits of the program. (Prior code § 20-1-7.1)

Metropolitan Code of Nashville and Davidson County § 2.36.100 Nuisances designated—Abatement authority.

2.36.100 - Nuisances designated—Abatement authority. A. No person shall commit or maintain a nuisance, as defined by statutory law, common law or equity, and no person shall allow such a nuisance to exist or be created in respect of any matter, thing, chattel or premises which he owns or controls. It shall be the duty of the chief medical director to inspect or cause to be inspected all lots, grounds, suspected cellars, premises, possession, streets, lanes and alleys within the metropolitan government area; and whenever he shall be of the opinion that any of such lots, grounds, suspected cellars, premises, possessions, street, lanes or alleys are in a state of nuisance or in such a condition that the existence of a nuisance thereon or therein is imminent and the health of the citizens endangered, he shall notify or cause to be notified, the owner or occupier of such lots, grounds, suspected cellars, premises or possessions, and the owner or occupier of the property fronting on such streets, lanes or alleys, or his agents, shall have such nuisance or the cause of such nuisance removed and abated within a reasonable time prescribed in such written notice; and if the owner or occupier or his agents shall neglect or refuse to comply with the terms of such notice, the chief medical director, upon the expiration of the terms set out in the notice, is hereby empowered to remove such nuisance or cause of such nuisance, utilizing either the services of some agency of the metropolitan government or of some private agency, at the expense of such owner or occupier, their liability being joint and several. B. The cost of removing such nuisance or the cause of such nuisance may be recovered by the chief medical director, in the name of the metropolitan government, from the owner or occupier, by suit if necessary. The chief medical director may cause the amount of the bill for removing such nuisance to be certified to the metropolitan trustee, and the same shall constitute a lien upon the property for which the expenditure is made, which lien may be enforced by suit in the chancery court, as are other similar liens. C. In addition thereto, such owner or occupier, who shall neglect and refuse to comply with the terms and conditions of such notice, shall be guilty of a violation of this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72. D. In the event that such owner or occupier should feel aggrieved at any decision of the chief medical director in this regard, such aggrieved party shall, within seventy-two hours from receipt of the written notice for the abatement of the nuisance, file at the office of the board of health a written request for a hearing by the board, which request may be informal and need not set out the contentions of the aggrieved party. The board of health shall promptly hold a hearing to review the action of the chief medical director in this regard, and may affirm, amend or set aside such action. No implementation of the order of the chief medical director for the abatement of the nuisance shall be effected pending any hearing by the board of health. E. Whenever any person shall be in actual possession of or have the charge, care or control of any property within the metropolitan government area, as executor, executrix, administrator, administratrix, trustee, guardian, agent or conservator, such person shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72, and shall be bound to remove all nuisances from such property in the same manner and under the same penalties as if such person were actually the owner of such property, and notice to any such person of any order of the chief medical director shall be deemed and taken to be as good and sufficient notice as if such person were actually the owner of such property. F. None of the remedies for the abatement of nuisances set out in this section shall be deemed to be exclusive, precluding the department of health from seeking an injunction in equity. G. In determining a reasonable time to abate nuisances as set forth in subsections A through E of this section, the department of health shall give the property owner or occupier at least ten days to abate the nuisance, unless the nuisance poses an immediate serious threat to the health of the inhabitants of the property or surrounding property. "Immediate threat" shall be defined as a condition that will or is likely to cause serious physical injury to humans or animals. (Prior code § 20-1-8)

Metropolitan Code of Nashville and Davidson County § 2.36.110 Seizure, embargo, condemnation and disposal of prohibited materials.

2.36.110 - Seizure, embargo, condemnation and disposal of prohibited materials. A. When, in the opinion of the department of health, a food, drug, device, cosmetic, article or thing is unfit for consumption or use, or is in a condition, or is of a kind, weight, quality or strength prohibited by this chapter, or is not labeled as required by this chapter, or contains false or misleading labeling, or is adulterated or misbranded or otherwise constitutes a danger or is prejudicial to the public health, the department of health may seize, embargo or condemn such material. The department of health may destroy, render harmless or otherwise dispose of all seized, embargoed or condemned material, or may direct the owner or person in control thereof to do so. When the department of health determines that embargoed material consists in part of materials which are not in violation of this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72, and which may be salvaged, or that embargoed materials or any part thereof can be brought into compliance with this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72, the department shall permit the owner or person in control, unless the public health otherwise requires, to separate the salvable portions, or to bring such materials into compliance with this chapter at the place of embargo, or other place acceptable to the department, in a manner directed by the department. When seized, embargoed or condemned material is disposed of by the department of health otherwise than by destruction, it shall be returned to the owner or person in control after it has been rendered harmless. All activities carried on pursuant to this subsection shall be done in a manner consistent with the maintenance of the public health, giving due regard to the property rights of the owner or person in control of the affected material. B. Except where the public health requires immediate action, the department of health shall not seize, embargo, condemn, destroy, render harmless or otherwise dispose of any material pursuant to subsection A of this section until the owner or person in control is notified by an effective means of communication and is given an opportunity for a hearing before the board of health. Written notice of such a hearing shall be delivered by the department of health to the person affected not less than five days prior to the hearing. (Prior code § 20-1-3)

Metropolitan Code of Nashville and Davidson County § 2.36.120 Enforcement—Procedures other than prosecution or compulsory means.

2.36.120 - Enforcement—Procedures other than prosecution or compulsory means. In lieu of enforcement of this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72 by way of prosecution, recovery of civil penalties, revocation of permits, seizure, embargo and condemnation, and other compulsory means, the department of health may seek to obtain the voluntary compliance with this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72 by way of notice, warning or other educational means. This section does not, however, require that such noncompulsory methods be used before proceeding by way of compulsory enforcement. (Prior code § 20-1-10)

Metropolitan Code of Nashville and Davidson County § 2.36.130 Records and proceedings—Public inspection authorized when.

2.36.130 - Records and proceedings—Public inspection authorized when. A. A person may inspect or authorize his attorney or representative to inspect a paper, file, record or proceeding of the department of health in which he has a personal right or interest. Application for inspection shall be made by submitting an affidavit to the department of health, describing the personal right or interest of the person. The attorney or representative of a person, in addition, shall submit proof of his authority. Inspection shall be permitted during such times and at such places as the department of health may prescribe. B. This section does not authorize the inspection of any record or report which, pursuant to a provision of any law, is to be confidential, not subject to subpoena or inspection, or which is otherwise limited in its use or dissemination. (Prior code § 20-1-15)

Metropolitan Code of Nashville and Davidson County § 2.36.140 Review of decisions of the chief medical director.

2.36.140 - Review of decisions of the chief medical director. A. Pursuant to Item 4 of Section 10.104 of the Metropolitan Charter, the board of health shall hear and act upon complaints of persons affected by decisions of the chief medical director, and amend or set aside such decisions as are contrary to policies or regulations of the board. The concurring vote of three members of the board of health shall be necessary to amend or set aside any order, requirement, decision or determination of the chief medical director. Except in specific instances where a shorter period is specified, an appeal to the board of health shall be taken within thirty days after the date of the complained of action of the chief medical director. Such an appeal may be perfected by the filing of an informal written request for a hearing before the board. The aggrieved party shall be granted a public hearing before the board of health, and he may appear in his own behalf or be represented by counsel or agent. The aggrieved party's side of the matter shall first be heard, and subsequently, the chief medical director or other personnel of the department of health shall present their side, and both sides shall be permitted to introduce any relevant and competent evidence bearing on the issue. B. Seven days' notice of the hearing before the board of health shall be sent by mail to the aggrieved party, unless in specific instances herein a shorter period is specified. Such notice shall be sent by registered mail to the address given by the aggrieved party in his request for a hearing. C. The final disposition of any such complaint shall be in the form of a resolution, which shall affirm, amend or set aside the decision of the chief medical director. No request to grant a rehearing of such decision of the board of health shall be entertained unless new evidence is submitted which could not reasonably be presented at the previous hearing. If justifiable grounds for a rehearing exist, they shall be made known by a communication to the board of health presented to the board in written form, and if a motion to grant a rehearing shall receive three affirmative votes on the board, then the petitioner shall be notified to appear before the board on a date set by the board, of which he shall be notified. (Prior code § 20-1-9)

Metropolitan Code of Nashville and Davidson County § 2.36.150 Unauthorized reproduction or alteration of department documents.

2.36.150 - Unauthorized reproduction or alteration of department documents. No person shall reproduce or alter, or cause to be reproduced or altered a permit, report, certificate or other paper issued by the department of health or any agent thereof, if the purpose of such reproduction or alteration is the evasion or violation of any provision of this chapter and Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72 or any other law. (Prior code § 20-1-14)

Metropolitan Code of Nashville and Davidson County § 2.36.160 False or misleading statements in documents or reports.

2.36.160 - False or misleading statements in documents or reports. No person shall make a false, untrue or misleading statement, or forge the signature of another, on a certificate, application, registration, report or other document required by the department of health. No person shall make a false, untrue or misleading oral statement to the department of health as to any matter investigated by the department. (Prior code § 20-1-13)

Metropolitan Code of Nashville and Davidson County § 2.36.170 Tearing down or mutilating official notices.

2.36.170 - Tearing down or mutilating official notices. No person shall mutilate, obstruct, tear down or remove any notice of the department of health unless authorized to do so by the department of health or by this chapter or Chapters 6.16, 6.60, 10.04, 10.08, 10.12, 10.16, 10.20, 10.32 through 10.52 and 15.72. (Prior code § 20-1-12)

Metropolitan Code of Nashville and Davidson County § 2.36.180 Interfering with or obstructing department personnel.

2.36.180 - Interfering with or obstructing department personnel. No person shall interfere with or obstruct department of health personnel in carrying out an inspection, survey or examination, or in the performance of any other duty for the department of health. (Prior code § 20-1-11)
Source: Metropolitan Government of Nashville and Davidson County, Metropolitan Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tn/metro_government_of_nashville_and_davidson_county/codes/code_of_ordinances?nodeId=CD_TIT2AD_DIVICOOFOFDE_CH2.36HEDEFetched: 10/28/2026

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