MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Insurance
By: Senator(s) Chaney
AN ACT TO AMEND SECTION 17-2-3, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL MEMBERS OF THE BUILDING CODES COUNCIL TO BE RESIDENTS OF THE STATE OF MISSISSIPPI, AND TO PROVIDE THAT ANY COUNCIL MEMBER WITH UNEXCUSED ABSENCES FOR MORE THAN THREE CONSECUTIVE MEETINGS SHALL BE REPLACED; TO AMEND SECTION 17-2-5, MISSISSIPPI CODE OF 1972, TO REQUIRE COUNTIES AND MUNICIPALITIES THAT ADOPT OR AMEND THEIR EXISTING BUILDING CODES TO ADOPT THE CODES PROMULGATED BY THE MISSISSIPPI BUILDING CODES COUNCIL; TO PROVIDE MANDATORY MINIMUM CONSTRUCTION STANDARDS FOR NEW COMMERCIAL FACILITIES; TO PROVIDE FOR AGREEMENTS BETWEEN MUNICIPALITIES AND COUNTIES FOR ENFORCEMENT OF BUILDING CODES; TO AMEND SECTIONS 17-2-1 AND 19-5-9, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-2-1, Mississippi Code of 1972, is amended as follows:
17-2-1. (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 nationally recognized 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 chapter. 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. Section 17-2-3, Mississippi Code of 1972, is amended as follows:
17-2-3. (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. From and after July 1, 2009, all members of the council shall be residents of the State of Mississippi. 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) Any member with unexcused absences for more than three (3) consecutive meetings shall be replaced by his sponsoring organization.
(4) The State Fire Marshal shall convene the first meeting of the council within ninety (90) days of the effective date of this chapter 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.
(5) 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.
(6) 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. Section 17-2-5, Mississippi Code of 1972, is amended as follows:
17-2-5. (1) Any county board of supervisors or municipal governing authority, as the case may be, that adopts building codes or amends its existing building codes shall adopt as minimum codes any * * * codes established and promulgated by the Mississippi Building Codes Council. Any codes adopted by a board of supervisors or municipal governing authority under this section shall be enforced by the board of supervisors or municipal governing authority, as the case may be.
(2) Any structure constructed after July 1, 2009, shall comply with and be built according to specifications not less stringent that those adopted by the Mississippi Building Code Council; provided, however, that this requirement shall not apply to one- and two-family dwellings with three (3) stories or less, nor to the structures specified in Sections 17-2-7 and 17-2-9.
(3) Municipalities and counties may establish agreements with other governmental entities of the state or certified third-party providers to issue permits and enforce state building codes in order to provide the services required by this act. The council may assist in arranging for municipalities, counties or third-party providers the provision of services required by this act if a written request from the governing authority of the county or municipality is submitted to the council.
SECTION 4. 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 less stringent than the provisions of the codes adopted by the Mississippi Building Code Council, 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 17-2-1 as provided in such section.
SECTION 5. This act shall take effect and be in force from and after its passage.