MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Conservation and Water Resources

By: Representative Clark

AN ACT TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT SHALL DEVELOP A STATE ENERGY BUILDING CODE DESIGNED TO PROVIDE ENERGY CONSERVATION GUIDELINES FOR COMMERCIAL AND RESIDENTIAL BUILDINGS; TO PROVIDE THAT SUCH BUILDING CODE SHALL MEET MINIMUM STANDARDS WHICH COMPLY WITH APPLICABLE PROVISIONS OF THE FEDERAL ENERGY POLICY ACT OF 1992 AND THE ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS ACT OF 1976; TO REQUIRE ALL COUNTIES AND CITIES TO ADOPT AND IMPLEMENT LOCAL ENERGY BUILDING CODES NOT LESS STRINGENT THAN THE STATE ENERGY BUILDING CODE; TO AMEND SECTION 19-5-9 AND 21-19-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) The Energy Policy Act of 1992 (EPACT) states that each state is required to certify to the Secretary of Energy that it has reviewed and updated the provisions of its commercial building code regarding energy efficiency. The certification must include a demonstration that the state's code provisions meet or exceed the requirements of ASHRAE 90.1-1989. According to EPACT, each state must also review the provisions of its residential building code regarding energy efficiency and make a determination as to whether it is appropriate for such state to revise its residential building code provisions to meet or exceed the Model Energy Code, 1992, or any successor of such code that improves energy efficiency. A determination was made by the Energy Division of the Mississippi Department of Economic and Community Development, based on economics analysis, environmental analysis and public input, that it would be in the best interest of the State of Mississippi to adopt a mandatory energy code for all newly constructed commercial and residential buildings.

(2) The State Legislature finds that:

(a) Using energy efficiently in buildings is one of the lowest cost ways to meet consumer demand for energy;

(b) Using energy efficiently helps protect citizens of the state from negative impacts due to changes in energy supply and cost;

(c) Using energy efficiently will help mitigate negative environmental impacts of energy use and resource development;

(d) Using energy efficiently will stretch our present energy resources into the future;

(e) The need exists for comprehensive state leadership to ensure the wise and efficient production, distribution, use and conservation of energy;

(f) Energy costs have a profound impact on the economic well-being of individuals, businesses and government;

(g) Environmental effects of energy use patterns have a major impact on the quality of our natural resources, the quality of human life and the ability to attract industry and retirees;

(h) Energy expenditures represent a substantial outflow from the state's economy;

(i) Increasingly high usage of imported oil results in economic vulnerability;

(j) Energy efficiency standards will reduce energy consumption and increase the productivity and effectiveness of energy resources use; and

(k) Enhance the state's efforts to secure more favorable considerations from the insurance industry, investors, federal agencies and the Congress.

SECTION 2. The provisions of this act regulate the design of building envelopes for adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical, service water-heating and illumination systems and equipment which will enable effective use of energy in new building construction. This act sets forth minimum requirements for facilities or shelter for public assembly, education, business, mercantile, institutional, storage and residential occupancies, as well as those portions of factory and industrial occupancies designed primarily for human occupancy by regulating their exterior envelopes and the selection of their HVAC, service water heating, electrical distribution and illuminating systems and the equipment for effective use of energy.

SECTION 3. (1) Any building designed, constructed or renovated within the state shall conform to standards that meet or exceed those established by the latest edition of the CABO Model Energy Code for detached one (1) and two (2) family dwellings and other residential structures three (3) stories or less in height, or those established by ASHRAE Standard 90.1 for all other structures.

(2) This act shall not require adoption by county or municipal governments and shall be effective in individual counties and municipalities.

(3) Nothing in this act shall preclude local government from enacting more stringent requirements for energy efficient construction than those specified in this section.

(4) Any rehabilitation of an existing building that requires more than twenty-five percent (25%) of the gross floor area or volume of the entire building to be rebuilt shall be covered by this act, except cosmetic work such as painting, wall covering, wall paneling and floor covering.

SECTION 4. The following structures are exempt from this act: (a) buildings or portions thereof whose peak design rate of energy usage is less than 3.4 BTU/H per square foot or 1.0 watt per square foot of floor area for all purposes; (b) buildings or portions thereof which are neither heated nor cooled; (c) mobile homes; (d) temporary use structures such as hunting and fishing camps, boat houses and remote cabins that are not considered dwelling units; and (e) areas of buildings intended primarily for manufacturing, commercial or industrial processing.

SECTION 5. (1) The administration of this act shall be the responsibility of the Mississippi Department of Economic and Community Development.

(2) In all construction covered by this act, the designer and builder are each responsible for filing with the Mississippi Department of Economic and Community Development a certification that the building is designed and constructed in accordance with this act. The penalty for failure to file a certification is revocation of occupancy permits or stoppage of construction until the violation is corrected.

(3) The Mississippi Department of Economic and Community Development has the authority to perform random inspections and to issue violations on buildings constructed in areas where no building permit is required. The Mississippi Department of Economic and Community Development has the authority to collect compliance information from local governments that require building permits.

(4) The Mississippi Department of Economic and Community Development has the authority to levy fees for certification of Energy Code compliance sufficient to cover the cost of random inspections and certification record keeping.

SECTION 6. (1) Compliance for commercial buildings three (3) stories and over shall be the obligation of the builder, licensed contractor or design professional. Architects and engineers shall provide calculations to the Mississippi Department of Economic and Community Development which show the design meets or exceeds Standard 90.1. Compliance for residential buildings shall be the obligation of the designer and contractor. A checklist of actual prescriptive measures shall be completed and submitted to the Mississippi Department of Economic and Community Development.

(2) In addition to the certification form submitted to Mississippi Department of Economic and Community Development, the compliance agent must sign and affix a certification seal to the heating or cooling equipment or to the main electrical service panel located inside of the building.

(3) Compliance with this act by persons who build dwelling units for their own occupancy is voluntary. However, before the sale of such property, the owner must provide certification that the property meets the requirements of this act and rules and regulations promulgated pursuant thereto which are in effect at the time of construction.

(4) Newly constructed single-family buildings financed through the Federal Housing Administration, the Veterans Administration or the Farmers Home Administration automatically meet the requirements of this act.

(5) A compliance agent who chooses to participate in or employ third-party programs such as utility building efficiency conservation programs, home energy rating systems or energy service companies satisfies the compliance requirements of this act if the alternative program first has been validated in writing by the Mississippi Department of Economic and Community Development as meeting or exceeding the requirements of this act.

SECTION 7. No later than twelve (12) months from the date of passage of this act, educational training materials and programs shall be made available for builders, design professionals, the general public, lenders, inspectors and installers.

SECTION 8. The Mississippi Department of Economic and Community Development has the responsibility to recommend amendments or revisions to this act at least every three (3) years, based on the best available technology that is life-cycle cost effective. Before making any recommendations for amendment to this act, the Mississippi Department of Economic and Community Development shall conduct public hearings as required for the adoption of rules.

SECTION 9. Any appeal of the energy conservation standards contained in this act shall be made to the Board of Appeals established by the Mississippi Department of Economic and Community Development, and a decision on appeal must be made within forty-five (45) days of its filing.

SECTION 10. Section 19-5-9, Mississippi Code of 1972, is amended as follows:

19-5-9. (1) 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 subsection (1) 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 subsection (1) 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 subsection 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 subsection.

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 * * * granted in this subsection is cumulative and supplemental to any other authority granted by law.

(2) Notwithstanding any of the provisions of subsection (1) of this section, the board of supervisors of every county shall adopt and implement a local energy building code as provided in Sections 1 through 9 of this act. Any person who designs or constructs a new commercial or residential building to be located within the county but outside the limits of any incorporated municipality, which building is subject to and comes within the scope of the energy and conservation guidelines established by the Energy Policy Act of 1992, as amended, or the Energy Conservation Standards for New Buildings Act of 1976, as amended, shall submit to the board of supervisors before construction of the building begins such documentation as may be required by the board of supervisors to determine if the building meets all applicable standards of the county's local energy building code. No permit or other authority may be granted to construct the building unless it meets such standards.

SECTION 11. Section 21-19-25, Mississippi Code of 1972, is amended as follows:

21-19-25. (1) 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 (1) time, or if there be no such newspaper, by posting at three (3) 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 subsection shall apply to amendments and revisions of the code mentioned herein. Any code adopted in accordance with this subsection 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 of this subsection 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 subsection shall apply to all municipalities of this state, whether operating under the code charter, a special charter, commission form, or other form of government.

(2) Notwithstanding any of the provisions of subsection (1) of this section, the governing authorities of every municipality shall adopt and implement a local energy building code as provided in Sections 1 through 9 of this act. Any person who designs or constructs a new commercial or residential building to be located within the corporate limits of the municipality, which building is subject to and comes within the scope of the energy and conservation guidelines established by the Energy Policy Act of 1992, as amended, or the Energy Conservation Standards for New Buildings Act of 1976, as amended, shall submit to the governing authorities of the municipality before construction of the building begins such documentation as may be required by the governing authorities to determine if the building meets all applicable standards of the municipality's local energy building code. No permit or other authority may be granted to construct the building unless it meets such standards.

SECTION 12. This act shall take effect and be in force from and after January 1, 1999.