House Bill 1142

AN ACT TO CREATE THE STUDY COMMITTEE ON A STATEWIDE BUILDING CODE; TO PROVIDE FOR THE MEMBERSHIP OF THE STUDY COMMITTEE; TO REQUIRE THE STUDY COMMITTEE TO ADDRESS CERTAIN ISSUES AND REPORT THEIR FINDINGS TO THE LEGISLATURE; TO AUTHORIZE THE USE OF STATE AGENCY PERSONNEL AS SUPPORT STAFF; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) There is hereby created the Study Committee on a Statewide Building Code, hereinafter referred to as the "study committee." The purpose of the study committee is:

(a) To explore establishing minimum standards for building construction that would help property owners qualify for relief funds from the Federal Emergency Management Agency (FEMA) 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 due to a lack of building standards in many areas of Mississippi; and

(2) The Study Committee on a Statewide Building Code shall consist of the following members:

(a) The Mississippi Commissioner of Insurance or the Deputy State Fire Marshal as his designee;

(b) The Executive Director of the Mississippi Emergency Management Agency or a member of his staff as his designee;

(c) The Executive Director of the Association of Building Officials or a representative of the Association as his designee;

(d) The Executive Director of the Bureau of Building, Grounds and Real Property Management of the Department of Finance and Administration or a representative of the Bureau of Building, Grounds and Real Property Management as his designee;

(e) The Executive Director of the State Board of Registration for Professional Engineers and Land Surveyors or a member of the State Board of Registration for Professional Engineers and Land Surveyors as his designee;

(f) The Executive Director of the State Board of Public Contractors or a member of the State Board of Public Contractors as his designee;

(g) The Executive Director of the State Board of Architecture or a member of the State Board of Architecture as his designee;

(h) One (1) member of the Mississippi House of Representatives appointed by the Speaker of the House of Representatives; and

(i) One (1) member of the Mississippi State Senate appointed by the Lieutenant Governor.

(3) The Executive Director of the State Board of Architecture shall call for the first meeting at which time the delegates shall appoint a chairman for the study committee. The business of the first meeting shall include the establishment of a meeting schedule that assures successful completion of the study within the stated schedule, and within the allocated budget.

(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, NFPA and Life Safety Code to determine which 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, that now handle administrative and enforcement issues, to administer a state wide building code, or the necessity of creating new agencies to administer such a code;

(e) A recommendation regarding permit fee structures or other means that would offset costs of implementing the recommendations of the study committee.

(f) A recommendation regarding exemptions for jurisdictions wherein an effective code is already enacted and enforced;

(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 act to assist the task force in caring out its responsibilities.

(7) Upon presentation of its final report, the study committee shall be dissolved.

SECTION 2. This act shall take effect and be in force from and after its passage and shall stand repealed on July 1, 2005.