2005 Regular Session
To: Judiciary A
By: Representative Guice
AN ACT TO PROVIDE THAT WARRANTIES ON BUILDINGS SHALL COMMERCE ON THE DATE THAT CONSTRUCTION IS COMPLETE OR THE BUILDING IS OCCUPIED, WHICHEVER OCCUR FIRST; TO AMEND SECTION 83-58-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. A warranty on any building shall commence on the date that the construction of building is complete or the building is occupied, whichever occurs first. The building must be occupied or usable for the purposes for which it was intended before construction.
SECTION 2. Section 83-58-3, Mississippi Code of 1972, is amended as follows:
83-58-3. For purposes of this chapter the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) "Builder" means any person, corporation, partnership, or other entity which constructs a home or engages another to construct a home, including a home occupied initially by its builder as his residence, for the purpose of sale.
(b) "Building standards" means the standards contained in the building code, mechanical-plumbing code, and electrical code in effect in the county, municipality, or other local political subdivision where a home is to be located, at the time construction of that home is commenced, or, if the county, city, or other local political subdivision has not adopted such codes, the Standard Building Code, together with any additional performance standards, if any, which the builder may undertake to be in compliance.
(c) "Home" means any new structure designed and used only for residential use.
(d) "Initial purchaser" means any person for whom a home is built or the first person to whom a home is sold upon completion of construction.
(e) "Major structural defect" means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions, as follows to wit:
(i) Foundation systems and footings;
(vi) Walls and partitions;
(vii) Floor systems;
(viii) Roof framing systems.
(f) "Owner" means the initial purchaser of a home and any of his successors in title to a home during the time the warranties provided under this chapter are in effect.
(g) "Warranty commencement date" means the date that construction of the home is complete or the date the home is first occupied, whichever occurs first.
SECTION 3. This act shall take effect and be in force from and after July 1, 2005.