MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Municipalities; County Affairs

By: Representative Shows

House Bill 1639

AN ACT TO AMEND SECTIONS 19-5-9, 21-19-25 AND 31-3-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT LOCAL CERTIFICATION OF PLUMBERS SHALL BE RECOGNIZED STATEWIDE; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 19-5-9, Mississippi Code of 1972, is amended as follows:

19-5-9. The construction codes published by a nationally recognized code group which sets minimum standards and has the proper provisions to maintain up-to-date amendments are hereby adopted as minimum standard guides for building, plumbing, electrical, gas, sanitary, and other related codes in Mississippi. Any county within the State of Mississippi, in the discretion of the board of supervisors, may adopt building codes, plumbing codes, electrical codes, sanitary codes, or other related codes dealing with general public health, safety or welfare, or a combination of the same, within but not exceeding the provisions of the construction codes published by nationally recognized code groups, by order or resolution in the manner herein prescribed, but said codes so adopted shall apply only to the unincorporated areas of the county. However, such codes shall not apply to the erection, maintenance, repair or extension of farm buildings or farm structures, except as may be required under the terms of the "Flood Disaster Protection Act of 1973"; and the provisions of this section shall not be construed to authorize the adoption of any code which applies to the installation, repair or maintenance of electric wires, pipelines, apparatus, equipment or devices by or for a utility rendering public utility services, required by it to be utilized in the rendition of its duly authorized service to the public. Before any such code shall be adopted, it shall be either printed or typewritten and shall be presented in pamphlet form to the board of supervisors at a regular meeting. The order or resolution adopting such code shall not set out said code in full, but shall merely identify the same. The vote or passage of the order or resolution shall be the same as on any other order or resolution. After its adoption, such code or codes shall be certified to by the president and clerk of the board of supervisors and shall be filed as a permanent record in the office of the clerk who shall not be required to transcribe and record the same in the minute book as other orders and resolutions.

All provisions of this section shall apply to amendments and revisions of the codes mentioned herein. The provisions hereof shall be in addition and supplemental to any existing laws authorizing the adoption, amendment or revision of county orders, resolutions or codes.

Any code adopted under the provisions of this section shall not be in operation or force until sixty (60) days have elapsed from the adoption of same; however, any code adopted for the immediate preservation of the public health, safety and general welfare may be effective from and after its adoption by a unanimous vote of the members of the board. Within five (5) days after the adoption or passage of an order or resolution adopting such code or codes the clerk of the board of supervisors shall publish in a legal newspaper published in said county the full text of said order or resolution adopting and approving said code, and said publication shall be inserted at least three (3) times, and shall be completed within thirty (30) days after the passage of said order or resolution.

Any person or persons objecting to such code or codes may object in writing to the provisions of said code or codes within sixty (60) days after the passage of the order or resolution approving same, and if the board of supervisors adjudicates that ten percent (10%) or more of the qualified electors residing in the affected unincorporated areas of the county have objected in writing to said code or codes, then in such event said code shall be inoperative and not in effect unless adopted for the immediate preservation of the public health, safety and general welfare until approved by a special election called by the board of supervisors as other special elections are called and conducted by the election commissioners of said county as other special elections are conducted, said special election to be participated in by all the qualified electors of said county residing in the unincorporated areas of the county. If the voters approve said code or codes in said special election it shall be in force and in operation thereafter until amended or modified as herein provided. If the majority of the qualified electors voting in said special election vote against said code or codes, then, in such event, said code or codes shall be void and of no force and effect, and no other code or codes dealing with such subject shall be adopted under the provisions of this section until at least two (2) years thereafter.

After any such code shall take effect the board of supervisors is authorized to employ such directors and other personnel as the board, in its discretion, deems necessary and to expend general county funds or any other funds available to the board to fulfill the purposes of this section.

For the purpose of promoting health, safety, morals or the general welfare of the community, the governing authority of any municipality, and, with respect to the unincorporated part of any county, the governing authority of any county, in its discretion, are empowered to regulate the height, number of stories and size of building and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density or population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, but no permits shall be required except as may be required under the terms of the "Flood Disaster Protection Act of 1973" for the erection, maintenance, repair or extension of farm buildings or farm structures outside the corporate limits of municipalities.

The authority herein granted is cumulative and supplemental to any other authority granted by law.

A certificate of responsibility or similar certification for plumbers required by this section shall be recognized throughout the state and the holder thereof is authorized to perform plumbing work without the necessity of obtaining additional certificates in other counties.

SECTION 2. Section 21-19-25, Mississippi Code of 1972, is amended as follows:

21-19-25. Any municipality within the State of Mississippi may, in the discretion of its governing authorities, adopt building codes, plumbing codes, electrical codes, gas codes, sanitary codes, or any other codes dealing with general public health, safety or welfare, or a combination of the same, by ordinance, in the manner herein prescribed. Before any such code shall be adopted, it shall be either printed or typewritten, and it shall be presented in pamphlet form to the governing authorities of the municipality at a regular meeting. The ordinance adopting such code shall not set out said code in full, but shall merely identify the same. The vote on passage of said ordinance shall be the same as on any other ordinances. After its adoption, such code shall be certified to by the mayor and clerk of the municipality, and shall be filed as a permanent record in the office of the clerk, who shall not be required to transcribe and record the same in the ordinance book as other ordinances. It shall not be necessary that such ordinance adopting such code or the code itself be published in full, but notice of the adoption of such code shall be given by publication in some newspaper of the municipality for one time, or if there be no such newspaper, by posting at three or more public places within the corporate limits, a notice in substantially the following form:

Notice is hereby given that the city (or town or village) of ----, on the (give date of ordinance adopting code), adopted (state type of code and other information serving to identify the same) code.

All the provisions of this section shall apply to amendments and revisions of the code mentioned herein. Any code adopted in accordance with this section shall not be in force for one (1) month after its passage, unless the municipal authorities in such ordinance authorize to the contrary. The provisions hereof shall be in addition and supplemental to any existing laws authorizing the adoption, amendment or revision of municipal ordinances or codes.

The provisions of this section shall apply to all municipalities of this state, whether operating under the code charter, a special charter, commission form, or other form of government.

A certificate of responsibility or similar certification for plumbers required by this section shall be recognized throughout the state and the holder thereof is authorized to perform plumbing work without the necessity of obtaining additional certificates in other municipalities.

SECTION 9. Section 31-3-15, Mississippi Code of 1972, is amended as follows:

31-3-15. No contract for public or private projects shall be issued or awarded to any contractor who did not have a current certificate of responsibility issued by said board or as provided in Sections 19-5-9 and 21-19-25 for plumbers at the time of the submission of the bid, or a similar certificate issued by a similar board of another state which recognizes certificates issued by said board. Any contract issued or awarded in violation of this section shall be null and void.

SECTION 4. This act shall take effect and be in force from and after its passage.