1998 Regular Session
To: Municipalities; County Affairs
By: Representatives Clark, Wallace, Evans, Flaggs, Franks, Malone, Myers, Thornton
House Bill 1042
AN ACT TO AMEND SECTION 17-1-39, MISSISSIPPI CODE OF 1972, TO PROVIDE METHODS WHEREBY MUNICIPALITIES, COUNTIES OR OTHER POLITICAL SUBDIVISIONS SHALL REGULATE THE LOCATION OF, AND STANDARDS FOR, MANUFACTURED HOUSING WITHIN THEIR JURISDICTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-1-39, Mississippi Code of 1972, is amended as follows:
17-1-39. (1) The Legislature hereby finds and determines that manufactured housing is one of the most effective forms of quality, affordable housing available to many Mississippians. It is recognized that the National Manufactured Home Construction and Safety Standards Act of 1974, as amended, 42 USCS 5401 et seq., and the rules and regulations promulgated thereunder, commonly known as the HUD Code, are the construction standards for manufactured housing and may not be preempted or superseded.
(2) For purposes of this section, the following terms shall have the meaning ascribed herein:
(a) "Manufactured home" means a single-family residential dwelling consisting of one or more sectional units constructed in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, as amended, 42 USCS 5401 et seq., and manufactured after June 15, 1976, and designed to be used as a single-family residential dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this code and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under the National Manufactured Home Construction and Safety Standards Act of 1974 and the Mississippi Uniform Standards Code for Factory-Built Homes Law. A mobile home is not a manufactured home except as hereinafter provided.
(b) "Mobile home" shall mean a structure manufactured prior to June 15, 1976, and that is not constructed in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, as amended, 42 USCS 5401 et seq. It is transportable in one or more sections which, in the traveling mode, is eight (8) body feet or more in width and forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes any plumbing, heating, air conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements required by the Commissioner of Insurance and complies with the standards established under the Mississippi Uniform Standards Code for Factory-Built Homes Law.
(c) "Individual residential units located within the area" means single family homes (including manufactured homes classified as real property) located within a radius of seven hundred fifty (750) feet of the proposed location of the manufactured homes.
(d) "Average property value" means the average of the property values of the residential units within the area (including manufactured homes classified as real property) as shown on the current assessment rolls and supporting data of the applicable tax assessor. Average property value shall exclude the value of the underlying land, any improvements and accessory buildings other than the residential unit.
(e) "Manufactured home value" means the value that will be assessed for the manufactured home by the applicable tax assessor for the current assessment rolls if located at the proposed location.
(3) The provisions of this act shall not apply to mobile homes or zoning regulations or ordinances relating to mobile homes.
(4) Municipalities, counties or other political subdivisions shall not adopt or enforce zoning or other land use regulations or ordinances which exclude manufactured homes from such municipalities, counties or political subdivisions or which discriminate against manufactured homes within such municipalities, counties or political subdivisions solely because such homes are factory built. Provided, however, such regulations or ordinances may provide that no such manufactured housing can be located within any area where the value of such manufactured home is twenty percent (20%) or more less than the average property value of the individual residential units located within that area. Municipalities, counties or other political subdivisions may adopt and enforce zoning or other land use regulations or ordinances that contain reasonable installation standards and reasonable exterior architectural design standards applicable to all housing.
(5) Reasonable installation standards may include, but shall not exceed, the following:
(a) All manufactured homes shall have perimeter skirting constructed or installed in accordance with the installation instructions provided by the manufacturer of the skirting. If no such instructions are available, the construction or installation shall be according to the locally adopted building code. In either event, the skirting requirements shall apply to all housing having conventional foundations and shall completely close the space between the floor joist of the dwelling house and the excavated under-floor grade.
(b) All manufactured homes shall be placed on an approved foundation and utilize anchor systems according to the installation instructions provided by the manufacturer of the manufactured home. If no such foundation instructions are available, the foundation shall be constructed according to a design by a registered professional engineer or architect to safely support those loads as determined by the physical characteristics of the soil taken as a whole, whether sandy, loamy, silty or clay, or some combination thereof. If no such anchor systems instructions are available, the manufactured home shall be installed in accordance with the State Uniform Standards Code for Factory-Built Homes Law, the rules and regulations of the Manufactured Home Inspection Division of the Mississippi State Fire Marshal's office and all provisions of this section. In any event, any foundation requirement shall apply to all housing having conventional foundations.
(c) Any extensions of or attachments to the manufactured home which are not part of the original factory-built manufactured home and which are intended for use either as part of the dwelling unit or for storage purposes shall be subject to a building permit if so required by the appropriate state statute and regulations. Any requirement for a building permit shall be applicable to all housing.
(d) The hitch axles and wheels must be removed.
(6) Plans and ordinances adopted under the provisions of this chapter may subject all dwellings and property in the same zoning district to uniformly applied minimum standards and requirements which would be applicable, whether or not the dwelling to be placed upon property is a manufactured home or some other type of dwelling.
(7) This act shall empower, but does not require, any municipality, county or political subdivision to adopt nondiscriminatory and nonexclusionary exterior architectural design standards applicable to all housing.
(8) This section shall not be construed to preempt or prohibit private developers or landowners from establishing and enforcing lawful private covenants or other lawful private land use regulations in any zoning area or subdivision of any municipality, county or other political subdivision.
(9) All manufactured homes must be installed pursuant to the rules and regulations issued in accordance with the Uniform Standards Code for Factory-Built Homes Law, Sections 75-49-1 through 75-49-21.
(10) All municipalities, counties and other political subdivisions shall have one (1) year from July 1, 1997, to conform their respective zoning or other land use regulations or ordinances to the provisions of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 1998.