2004 Regular Session
By: Senator(s) Gordon, Huggins, Robertson, Burton
A CONCURRENT RESOLUTION TO CREATE A STUDY COMMITTEE ON A STATEWIDE BUILDING CODE TO MEET FEDERAL REQUIREMENTS AND INSURANCE STANDARDS; TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE AND PRESCRIBE ITS RESPONSIBILITIES; TO REQUIRE THAT CERTAIN STATE AGENCIES PROVIDE SUPPORT TO THE STUDY COMMITTEE; AND FOR RELATED PURPOSES.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN:
(1) There is hereby created the Study Committee on a Statewide Building Code, "committee." The purpose of the committee is:
(a) To consider establishing minimum standards for building construction to help property owners qualify for relief funds from Federal Emergency Management Agency (FEMA) aid after a natural disaster such as a tornado, hurricane, fire or earthquake;
(b) To address concerns from national insurers who are not renewing property insurance because of a lack of building standards in many areas of Mississippi; and
(c) To promote the health, safety and welfare of the public.
(2) The Study Committee on a Statewide Building Code shall consist of the following members:
(a) The Mississippi Commissioner of Insurance, the State Fire Marshal, and/or the Deputy State Fire Marshal;
(b) The Executive Director of the Mississippi Emergency Management Agency, and/or a member of his staff;
(c) The Executive Director of the Association of Building Officials, and/or a representative of the Association;
(d) The Executive Director of the Bureau of Building, Grounds and Real Property Management of the Department of Finance and Administration, and/or a representative of the Bureau;
(e) The Executive Director of the State Board of Registration for Professional Engineers and Land Surveyors, and/or a member of the State Board of Registration for Professional Engineers and Land Surveyors;
(f) The Executive Director of the State Board of Public Contractors, and/or a member of the State Board of Public Contractors;
(g) The Executive Director of the State Board of Architecture, and/or a member of the State Board of Architecture;
(h) One (1) member of the Mississippi State Senate, appointed by the Lieutenant Governor;
(i) One (1) member of the Mississippi House of Representatives, appointed by the Speaker of the House of Representatives;
(j) One (1) member of the residential homebuilding construction industry appointed by the Governor.
(3) The Executive Director of the State Board of Architecture shall call the first meeting, at which the committee shall select a chairman of the study committee and organize for business.
(4) Nonlegislative members shall serve without salary or per diem compensation; however, all members shall be entitled to actual travel expenses as provided for in Section 25-3-41. Legislative members shall be entitled to per diem, expense allowance and mileage as authorized for committee meetings when the Legislature is not in session.
(5) The study committee shall develop a report to the Legislature and the Governor to be delivered no later than December 1, 2004. This report shall address at a minimum:
(a) A survey of other states to determine the types of statewide building codes and enforcement systems which are in place and which are successful;
(b) An investigation of existing model codes such as the Standard Building Code, International Building Code and NFPA Life Safety Code to determine what is appropriate for Mississippi, and what modifications would be necessary;
(c) A survey of the laws of other states and jurisdictions, including professional standards of care for architects, engineers, fabricators, contractors and builders, regarding minimal construction standards;
(d) A determination of the capacity of existing agencies, including municipal and county building officials, which now handle administrative and enforcement issues, to administer a statewide building code, or the necessity of creating new agencies to administer such a code;
(e) A recommendation regarding permit fee structures or other enforcement means that would offset implementation costs;
(f) A recommendation regarding the exemption of wherein an effective code is already enacted and enforced in local jurisdictions;
(g) Recommendations for exempting certain building types that do not affect public welfare and safety (e.g. single and double family residences, farm buildings and nonassembly and institutional buildings less than five thousand (5,000) square feet); and
(h) Any recommended legislation to implement the recommendations of the study committee.
(6) The chairman shall have the authority to request staff support from any state agency enumerated in this resolution to assist the task force in carrying out its responsibilities.
(7) Upon presentation of its final report, the study committee shall be dissolved.