MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Ways and Means
By: Representative Compretta, Guice, Upshaw
AN ACT TO REQUIRE JACKSON, HARRISON, HANCOCK, STONE AND PEARL RIVER COUNTIES, AND MUNICIPALITIES LOCATED THEREIN, TO ENFORCE WIND AND FLOOD MITIGATION REQUIREMENTS OF CERTAIN NATIONALLY RECOGNIZED CODES AND STANDARDS; TO PROVIDE THAT THE BOARD OF SUPERVISORS OF ANY SUCH COUNTY AND/OR THE GOVERNING AUTHORITIES OF ANY MUNICIPALITY WITHIN A COUNTY, UPON RESOLUTION DULY ADOPTED AND ENTERED UPON ITS MINUTES, MAY CHOOSE NOT TO BE SUBJECT TO SUCH CODE REQUIREMENTS; TO REQUIRE SUCH COUNTIES AND MUNICIPALITIES TO ADOPT CERTAIN NATIONALLY RECOGNIZED BUILDING AND RESIDENTIAL CODES; TO CREATE THE MISSISSIPPI BUILDING CODES COUNCIL AND PROVIDE FOR ITS MEMBERSHIP; TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY ADOPT CODES ESTABLISHED BY THE MISSISSIPPI BUILDING CODES COUNCIL; TO EXEMPT FARM STRUCTURES AND CERTAIN OTHER BUILDINGS, FACILITIES AND MANUFACTURED HOUSING FROM THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 19-5-9 AND 21-19-25, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The counties of Jackson, Harrison, Hancock, Stone and Pearl River, including all municipalities therein, shall enforce, on an emergency basis, all the wind and flood mitigation requirements prescribed by the 2003 International Residential Code and the 2003 International Building Code, as supplemented.
(2) Except as otherwise provided in subsection (4) of this section, emergency wind and flood building requirements imposed in this section shall remain in force until the county board of supervisors or municipal governing authorities, as the case may be, adopts as minimum mandatory codes the latest editions of the codes described in subsection (3)(a) of this section. Except as otherwise provided in subsection (4) of this section, the wind and flood mitigation requirements imposed by this section shall be enforced by the county board of supervisors or municipal governing authorities, as the case may be.
(3) (a) A county board of supervisors or municipal governing authorities, as the case may be, described in subsection (1) of this section shall adopt as minimum codes the latest editions of the following:
(i) International Building Code and the standards referenced in that code for regulation of construction within these counties. The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.
(ii) International Residential Code (IRC) and the standards referenced in that code are included for regulation of construction within these counties. The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption, with the exception of Appendix J, Existing Buildings and Structures, which is hereby adopted by this reference.
(b) In addition to any other codes required under this section, a county board of supervisors or municipal governing authorities, as the case may be, described in subsection (1) of this section may adopt the latest editions of any of the following:
(i) Codes established by the Mississippi Building Code Council.
(ii) Other codes addressing matters such as electrical, plumbing, mechanical, fire and fuel gas.
(4) The provisions of this section shall go into effect thirty (30) days from the effective date of this act. However, within sixty (60) days after the provisions of this section go into effect, the board of supervisors of a county and/or the governing authorities of any municipality within a county, upon resolution duly adopted and entered upon its minutes, may choose not to be subject to the code requirements imposed under this section.
SECTION 2. (1) There is hereby created the Mississippi Building Codes Council. Each member of the council shall be appointed by the executive director of his respective professional association unless otherwise stated herein. Each member shall serve for a term of three (3) years and until a successor is appointed and qualifies. No person who has previously been convicted of a felony in this state or any other state may be appointed to the council. The council shall consist of twenty-six (26) members composed of:
(a) One (1) representative of the American Institute of Architects of Mississippi;
(b) Three (3) representatives of the Home Builders Association of Mississippi;
(c) One (1) representative of the Associated General Contractors of Mississippi;
(d) One (1) representative of the Associated Builders and Contractors of Mississippi;
(e) One (1) representative of the American Council of Engineering Companies of Mississippi;
(f) Two (2) representatives of the Building Officials Association of Mississippi;
(g) One (1) disabled person to be appointed by the Governor;
(h) One (1) representative of the property/casualty insurance industry to be appointed by the Governor;
(i) One (1) representative of the Mississippi Municipal League;
(j) One (1) representative of the Mississippi Manufactured Housing Association;
(k) One (1) representative of the electrical industry who is a master electrician to be appointed by the American Subcontractors Association;
(l) One (1) representative of the mechanical or gas industry who is a master mechanic to be appointed by the American Subcontractors Association;
(m) One (1) representative of the plumbing industry who is a master plumber to be appointed by the American Subcontractors Association;
(n) One (1) representative of the Mississippi Fire Chiefs Association;
(o) One (1) representative of the Mississippi Association of Supervisors;
(p) One (1) representative of the Mississippi Minority Contractors Association to be appointed by the Governor;
(q) One (1) representative of the Energy Division, Mississippi Development Authority, to serve ex officio, nonvoting;
(r) One (1) person representing the consumer who shall have no interest in the construction industry to be appointed by the Governor;
(s) The Mississippi State Fire Marshal, or his designee, to serve ex officio, nonvoting;
(t) The Executive Director of the State Board of Professional Geologists, or his designee, to serve ex officio, nonvoting; and
(u) Three (3) representatives selected by the Mississippi Gulf Coast Building and Construction Trade Council.
(2) A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term.
(3) The State Fire Marshal shall convene the first meeting of the council within ninety (90) days of the effective date of this act and shall act as temporary chairman until the council elects from its members a chairman and vice chairman. The council shall adopt regulations consistent with this act. A meeting may be called by the chairman on his own initiative and must be called by him at the request of three (3) or more members of the council. Each member must be notified by the chairman in writing of the time and place of the meeting at least seven (7) days before the meeting. Fourteen (14) members constitute a quorum. Each meeting is open to the public. An official decision of the council may be made only by a vote of at least two-thirds (2/3) of those members in attendance at the meeting.
(4) The council shall adopt by reference and amend only the latest editions of the following as discretionary statewide minimum codes:
(a) International Building Code and the standards referenced in that code for regulation of construction within this state. The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption.
(b) International Residential Code (IRC) and the standards referenced in that code are included for regulation of construction within this state. The appendices of that code may be adopted as needed, but the specific appendix or appendices must be referenced by name or letter designation at the time of adoption, with the exception of Appendix J, Existing Buildings and Structures, which is hereby adopted by this reference.
(c) Other codes addressing matters such as electrical, plumbing, mechanical, fire and fuel gas.
(5) The initial code or codes adopted by this council under the provisions of this section shall be completed no later than July 1, 2007.
SECTION 3. A county board of supervisors or municipal governing authorities, as the case may be, may adopt as minimum codes, any proposed codes established and promulgated by the Mississippi Building Codes Council. Any codes adopted by a board of supervisors or municipal governing authorities under this section shall be enforced by the board of supervisors or municipal governing authorities, as the case may be.
SECTION 4. (1) For purposes of this section, "farm structure" means a structure that is constructed on a farm, other than a residence or a structure attached to it, for use on the farm, including, but not limited to, barns, sheds and poultry houses, but not public livestock areas. For purposes of this section, "farm structure" does not include a structure originally qualifying as a "farm structure" but later converted to another use.
(2) The governing body of a county or municipality shall not enforce that portion of any building code established and/or imposed under Sections 1 through 3 of this act that regulates the construction or improvement of a farm structure.
(3) The provisions of this section do not apply unless, before constructing or improving a farm structure, the person owning the property on which the structure is to be constructed files an affidavit with the county or municipal official responsible for enforcing the building code stating that the structure is being constructed as a farm structure. The affidavit must include a statement of purpose or intended use of the proposed structure or addition.
(4) This section does not affect the authority of the governing body of a county or municipality to issue building permits before an affidavit for the construction or improvement of a farm structure is filed under subsection (3) of this section.
SECTION 5. (1) The governing authority of any county or municipality shall not enforce any portion of any building codes established and/or imposed under Sections 1 through 3 of this act that regulates the construction or improvement of industrial facilities that are engaged in activities designated as manufacturing (sectors 31-33), utilities (sector 22), telecommunications (sector 517), bulk stations and materials (sector 422710), crude oil pipelines (sector 486110), refined petroleum products pipelines (sector 486910), natural gas pipelines (sector 486210), other pipelines (sector 486990) and natural gas processing plants (sector 211112), under the North American Industry Classification System (NAICS).
(2) The governing authority of any county or municipality shall not enforce any portion of any building codes established and/or imposed under Sections 1 through 3 of this act which regulates the construction or improvement of buildings located on nonpublic fairgrounds or the construction or improvement of buildings located on the Neshoba County Fairgrounds in Neshoba County, Mississippi.
(3) The governing authority of any county or municipality shall not enforce any portion of any building codes established and/or imposed under Sections 1 through 3 of this act which regulates the construction or improvement of a private unattached outdoor recreational structure, such as a hunting or fishing camp.
(4) The governing authority of any county or municipality shall not enforce any portion of any building codes established and/or imposed under Sections 1 through 3 of this act which regulates the construction or improvement of manufactured housing built according to the Federal Manufactured Home Construction and Safety Standards Act.
SECTION 6. Section 19-5-9, Mississippi Code of 1972, is amended as follows:
19-5-9. The construction codes published by a nationally recognized code group which sets minimum standards and has the proper provisions to maintain up-to-date amendments are adopted as minimum standard guides for building, plumbing, electrical, gas, sanitary, and other related codes in Mississippi. Any county within the State of Mississippi, in the discretion of the board of supervisors, may adopt building codes, plumbing codes, electrical codes, sanitary codes, or other related codes dealing with general public health, safety or welfare, or a combination of the same, within but not exceeding the provisions of the construction codes published by nationally recognized code groups, by order or resolution in the manner prescribed in this section, but those codes so adopted shall apply only to the unincorporated areas of the county. However, those codes shall not apply to the erection, maintenance, repair or extension of farm buildings or farm structures, except as may be required under the terms of the "Flood Disaster Protection Act of 1973" and shall apply to a master planned community as defined in Section 19-5-10, only to the extent allowed in Section 19-5-10. The provisions of this section shall not be construed to authorize the adoption of any code which applies to the installation, repair or maintenance of electric wires, pipelines, apparatus, equipment or devices by or for a utility rendering public utility services, required by it to be utilized in the rendition of its duly authorized service to the public. Before any such code shall be adopted, it shall be either printed or typewritten and shall be presented in pamphlet form to the board of supervisors at a regular meeting. The order or resolution adopting the code shall not set out the code in full, but shall merely identify the same. The vote or passage of the order or resolution shall be the same as on any other order or resolution. After its adoption, the code or codes shall be certified to by the president and clerk of the board of supervisors and shall be filed as a permanent record in the office of the clerk who shall not be required to transcribe and record the same in the minute book as other orders and resolutions.
All provisions of this section shall apply to amendments and revisions of the codes mentioned in this section. The provisions of this section shall be in addition and supplemental to any existing laws authorizing the adoption, amendment or revision of county orders, resolutions or codes.
Any code adopted under the provisions of this section shall not be in operation or force until sixty (60) days have elapsed from the adoption of same; however, any code adopted for the immediate preservation of the public health, safety and general welfare may be effective from and after its adoption by a unanimous vote of the members of the board. Within five (5) days after the adoption or passage of an order or resolution adopting that code or codes the clerk of the board of supervisors shall publish in a legal newspaper published in the county the full text of the order or resolution adopting and approving the code, and the publication shall be inserted at least three (3) times, and shall be completed within thirty (30) days after the passage of the order or resolution.
Any person or persons objecting to the code or codes may object in writing to the provisions of the code or codes within sixty (60) days after the passage of the order or resolution approving same, and if the board of supervisors adjudicates that ten percent (10%) or more of the qualified electors residing in the affected unincorporated areas of the county have objected in writing to the code or codes, then in such event the code shall be inoperative and not in effect unless adopted for the immediate preservation of the public health, safety and general welfare until approved by a special election called by the board of supervisors as other special elections are called and conducted by the election commissioners of the county as other special elections are conducted, the special election to be participated in by all the qualified electors of the county residing in the unincorporated areas of the county. If the voters approve the code or codes in the special election it shall be in force and in operation thereafter until amended or modified as provided in this section. If the majority of the qualified electors voting in the special election vote against the code or codes, then, in such event, the code or codes shall be void and of no force and effect, and no other code or codes dealing with that subject shall be adopted under the provisions of this section until at least two (2) years thereafter.
After any such code shall take effect the board of supervisors is authorized to employ such directors and other personnel as the board, in its discretion, deems necessary and to expend general county funds or any other funds available to the board to fulfill the purposes of this section.
For the purpose of promoting health, safety, morals or the general welfare of the community, the governing authority of any municipality, and, with respect to the unincorporated part of any county, the governing authority of any county, in its discretion, are empowered to regulate the height, number of stories and size of building and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density or population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, but no permits shall be required except as may be required under the terms of the "Flood Disaster Protection Act of 1973" for the erection, maintenance, repair or extension of farm buildings or farm structures outside the corporate limits of municipalities.
The authority granted in this section is cumulative and supplemental to any other authority granted by law.
Notwithstanding any provision of this section to the contrary, any code adopted by a county before or after April 12, 2001, is subject to the provisions of Section 41-26-14(10).
Notwithstanding any provision of this section to the contrary, the Boards of Supervisors of Jackson, Harrison, Hancock, Stone and Pearl River Counties shall enforce the requirements imposed under Section 1 of this act as provided in such section.
SECTION 7. Section 21-19-25, Mississippi Code of 1972, is amended as follows:
21-19-25. Any municipality within the State of Mississippi may, in the discretion of its governing authorities, adopt building codes, plumbing codes, electrical codes, gas codes, sanitary codes, or any other codes dealing with general public health, safety or welfare, or a combination of the same, by ordinance, in the manner prescribed in this section. Before any such code shall be adopted, it shall be either printed or typewritten, and it shall be presented in pamphlet form to the governing authorities of the municipality at a regular meeting. The ordinance adopting the code shall not set out the code in full, but shall merely identify the same. The vote on passage of the ordinance shall be the same as on any other ordinances. After its adoption, the code shall be certified to by the mayor and clerk of the municipality, and shall be filed as a permanent record in the office of the clerk, who shall not be required to transcribe and record the same in the ordinance book as other ordinances. It shall not be necessary that the ordinance adopting the code or the code itself be published in full, but notice of the adoption of the code shall be given by publication in some newspaper of the municipality for one (1) time, or if there be no such newspaper, by posting at three (3) or more public places within the corporate limits, a notice in substantially the following form:
Notice is given that the city (or town or village) of _________, on the (give date of ordinance adopting code), adopted (state type of code and other information serving to identify the same) code.
All the provisions of this section shall apply to amendments and revisions of the code mentioned in this section. Any code adopted in accordance with this section shall not be in force for one (1) month after its passage, unless the municipal authorities in the ordinance authorize to the contrary. The provisions of this section shall be in addition and supplemental to any existing laws authorizing the adoption, amendment or revision of municipal ordinances or codes.
Notwithstanding any provision of this section to the contrary, any code adopted by a municipality before or after April 12, 2001, is subject to the provisions of Section 41-26-14(10).
Notwithstanding any provision of this section to the contrary, the governing authorities of each municipality in Jackson, Harrison, Hancock, Stone and Pearl River Counties shall enforce the requirements imposed under Section 1 of this act as provided in such section.
The provisions of this section shall apply to all municipalities of this state, whether operating under the code charter, a special charter, commission form, or other form of government.
SECTION 8. This act shall take effect and be in force from and after its passage.