MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Municipalities; County Affairs

By: Senator(s) Carter

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 U.S.C. 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commonly known as the HUD Code, are the construction standards for manufactured housing and may not be preempted or superseded.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 U.S.C. 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 and each home of which is at least twenty-eight feet (28') wide and at least fifty-two feet (52') in length with hitch; 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 U.S.C. 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.

(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 which have adopted zoning or other land use regulations or ordinances shall make provision for manufactured homes within such municipalities, counties or political subdivisions. Municipalities, counties or other political subdivisions may adopt and enforce zoning or other land use regulations or ordinances that require adherence to compliance with the standard building code and that contain reasonable installation standards and reasonable exterior architectural design standards applicable to all housing.

(5) 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.

(6) All municipalities, counties and other political subdivisions shall have one (1) year from July 1, 1998, 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.