House Bill 1385

AN ACT TO AMEND SECTION 17-2-3, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE MISSISSIPPI BUILDING CODE COUNCIL IS PROHIBITED FROM ENACTING AN ORDINANCE, BYLAW, ORDER, BUILDING CODE, OR RULE REQUIRING THE INSTALLATION OF A MULTIPURPOSE RESIDENTIAL FIRE PROTECTION SYSTEM IN A NEW OR EXISTING ONE OR TWO FAMILY DWELLING; AND FOR RELATED PURPOSES.

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

SECTION 1. 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;

(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) (a) The council shall adopt by reference and amend only one (1) of the last two (2) editions of the following as discretionary statewide minimum codes:

(i) 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.

(ii) 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.

(iii) Other codes addressing matters such as electrical, plumbing, mechanical, fire and fuel gas.

(b) Notwithstanding any other provision of law, the council shall not enact an ordinance, bylaw, order, building code, or rule requiring the installation of a multipurpose residential fire protection system in a new or existing one (1) or two (2) family dwelling.

(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 2. This act shall take effect and be in force from and after July 1, 2011.