2005 Regular Session
To: Business and Financial Institutions
By: Senator(s) Kirby
AN ACT TO CREATE THE MISSISSIPPI BUILDING CODE REVIEW BOARD; TO PROVIDE FOR ITS MEMBERSHIP AND PRESCRIBE ITS POWERS AND DUTIES; TO AUTHORIZE THE BOARD TO ADOPT A STATEWIDE MINIMUM STANDARD BUILDING CODE; TO PROVIDE FOR ADOPTION BY CERTAIN LOCAL GOVERNMENTS; TO PROVIDE THAT NOTHING IN THIS ACT SHALL BE CONSTRUED TO REQUIRE ANY COUNTY OR MUNICIPALITY WHICH HAS NOT ADOPTED A MINIMUM STANDARD BUILDING CODE IN ITS JURISDICTION TO ADOPT AND ENFORCE THE MISSISSIPPI STATE BUILDING CODE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is hereby created the Building Code Review Board of the State of Mississippi, which shall consist of the State Fire Marshal and six (6) members who shall be appointed by the Governor with the advice and consent of the Senate. The appointed members shall be as follows: two (2) members who are representatives from the Mississippi Building Officials Association; one (1) member who is a representative from the Mississippi Associated Builders and Contractors; one (1) member who is a representative from the Mississippi Associated General Contractors; one (1) member who is a representative from the Mississippi Home Builders Association; and one (1) member who is a representative from the State Board of Architecture.
(2) The initial appointments to the board shall be for staggered terms, to be designated by the Governor at the time of appointment as follows: two (2) members to serve for three (3) years, two (2) members to serve for two (2) years, and two (2) members to serve for one (1) year. Thereafter, each term of the members shall be for four (4) years.
(3) The board shall meet not less than once a year, but no more than four (4) times a year. The board shall meet in Jackson, Mississippi, at a location determined by the board.
(4) The board shall organize by selecting from its members a chairman and other officers as it may choose. The board may adopt rules not inconsistent herewith as it deems necessary to discharge its duties. Each member of the board shall receive per diem as authorized in Section 25-3-69, and his actual and necessary expenses incurred in the performance of duties pertaining to his office as authorized in Section 25-3-41.
SECTION 2. The board shall have the following powers and duties:
(a) To adopt and maintain a statewide minimum standard building code from the International Code Council (ICC) which shall consist of the following codes: housing code, building code, plumbing code, air conditioning and heating code, electrical code, gas code, fire prevention code, excavation and grading code, swimming pool code, unsafe building abatement code and such other codes as the board may deem advisable to adopt.
(b) To revise and amend the state minimum standard codes either on its own motion or upon recommendation from any citizen, profession, state agency or political subdivision of the state. Upon approval by a majority of the board, each such amendment, modification or new provision shall be held to be in full force and effect as if it were included in the original adopted code.
(c) Prior to the adoption of the code or any proposed amendment, modification or new provision, the board shall comply with the Mississippi Administrative Procedures Act. The adoption, revision or amendment of any of the state minimum standard codes shall have reasonable and substantial connection with the public health, safety and general welfare.
(d) To collect a reasonable fee for providing copies of any state minimum standard code.
(e) To store records and documents of the board in the Office of the State Fire Marshal.
SECTION 3. (1) Except as provided in subsection (2), the Mississippi State Building Code shall apply throughout the state from the time of its adoption.
(2) Any county or municipality which has adopted a minimum standard building code in its jurisdiction on or before July 1, 2005, or which adopts a minimum standard building code in its jurisdiction after July 1, 2005, shall adopt and enforce the Mississippi State Building Code within three (3) years after the effective date of this act. A county or municipality may adopt local amendments to the Mississippi State Building Code provided that the amendments are based on special local conditions and are not less stringent than the requirements of the state building code.
(3) Nothing in this act shall be construed to require any county or municipality which has not adopted a minimum standard building code in its jurisdiction to adopt and enforce the Mississippi State Building Code.
SECTION 4. This act shall take effect and be in force from and after July 1, 2005.