MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Energy

By: Representative Cockerham

House Bill 1152

AN ACT TO AMEND SECTION 57-39-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE (IECC) IS ADOPTED AS THE STATEWIDE MINIMUM CODE FOR RESIDENTIAL BUILDING CONSTRUCTION IN THE STATE OF MISSISSIPPI; TO CLARIFY THAT THE STANDARD 90.1-2010 OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATION AND AIR CONDITIONING ENGINEERS, ENERGY CODE STANDARDS FOR BUILDING CONSTRUCTION, STANDARDS FOR COMPUTER-BASED ENERGY MANAGEMENT SYSTEMS, STANDARDS FOR SYSTEMS FOR COGENERATION OF HEATING, COOLING AND ELECTRICITY, AND STANDARDS FOR DESIGN TO USE PASSIVE SOLAR ENERGY CONCEPTS IS THE STATEWIDE MINIMUM BUILDING STANDARD FOR COMMERCIAL BUILDINGS IN THE STATE OF MISSISSIPPI; TO PROVIDE FOR EXEMPTIONS TO BOTH STATEWIDE MINIMUM BUILDING STANDARDS; TO PROVIDE THE LOCAL GOVERNING AUTHORITIES WITH CERTAIN AUTHORIZATION TO ADOPT RULES AND REGULATIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 57-39-21, Mississippi Code of 1972, is amended as follows:

     57-39-21.  (1)  * * *The board, in consultation with other appropriate professional groups and organizations, and others knowledgeable in the subject, shall review, amend and adopt, in accordance with In order to promote the efficient use of energy, Standard 90.1-2010 of the American Society of Heating, Refrigeration and Air Conditioning Engineers, energy code standards for building construction, standards for computer-based energy management systems, standards for systems for cogeneration of heating, cooling and electricity, and standards for design to use passive solar energy concepts, * * *in order to promote the efficient use of energy is adopted as the statewide minimum building standard for commercial buildings in the State of Mississippi. For the purposes of this section, "building" shall mean any structure which includes provisions for a heating or cooling system, or both, or for a hot water system, except for residential buildings as defined in subsection (2) of this section or exempted buildings described in subsection (3) of this section.  Unless it is an exempted building, each of the following are examples of commercial buildings, within the meaning of this subsection:

          (a)  Any building which provides facilities or shelter for public assembly, or which is used for educational, office or institutional purposes;

          (b)  Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant or other commercial establishment which provides service or retail merchandise;

          (c)  Any portion of an industrial plant building used primarily as office space; and

          (d)  Any building owned by a state or political subdivision or instrumentality thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas and university buildings.

     (2)  In order to promote the efficient use of energy, the 2009 International Energy Conservation Code (IECC) is adopted as the statewide minimum code for residential building construction in the State of Mississippi.  For the purposes of this section, "residential building" means any privately owned, noncommercial building or structure that includes provisions for a heating or cooling system, or both, or for a hot water system, except for exempted buildings listed in subsection (3) of this section.

     ( * * *23)  Exempt buildings shall include:

          (a)  Buildings and structures or portions thereof whose peak design rate of energy usage is less than three and four-tenths (3.4) British thermal units per hour per square foot or one (1.0) watt per square foot of floor area for all purposes;

          (b)  Buildings and structures or portions thereof which are neither heated nor cooled by fuel;

          (c)  Any * * *Any mobile home structure exempted by the provisions of Section 17-2-7 or Section 17-2-9;

 * * *(d) Any privately owned, noncommercial building or structure whose construction, heating, cooling or lighting arrangement is not in conflict with federal law;

          ( * * *ed)  Any building owned or leased, in whole or in part, by the United States government.

     ( * * *34)  Beginning * * *July 1, 2013 January 1, 2019, the design, direction, construction and alteration of any building for which the standards * * *promulgated pursuant to adopted in subsections (1) and (2) of this section * * *applies apply shall be accomplished so that the building or applicable portions thereof shall meet or conform to the standards; the standards adopted in subsections (1) and (2) of this section shall have statewide application and shall not require adoption by a municipality or county. * * *  The board shall not have enforcement over this section.  Local governing authorities shall adopt rules and regulations for the administration and enforcement of this section, and to adopt such penalties for violation of this section as they deem appropriate, except in regard to buildings owned by the state.  In state‑owned buildings, the building commission shall provide for the compliance with the standards adopted under this chapter.  Local governing authorities are authorized to adopt rules and regulations as developed and promulgated by the commission for the administration and enforcement of these standards and to adopt such penalties for violations of the standards as they deem appropriate.  Local governing authorities are authorized to establish an inspection fee for the inspection of thermal and lighting standards in an amount not to exceed One Hundred Fifty Dollars ($150.00).

 * * * (4)  This section shall stand repealed from and after July 1,  2019.

(5)  Local governing authorities may adopt rules and regulations for the administration and enforcement of this section, and to adopt such penalties for violation of this section as they deem appropriate, except in regard to buildings owned by the state.  In state-owned buildings, the building commission shall provide for the compliance with the standards adopted under this chapter.  Local governing authorities may adopt rules and regulations as developed and promulgated by the commission for the administration and enforcement of these standards and to adopt such penalties for violations of the standards as they deem appropriate.  Local governing authorities may establish an inspection fee for the inspection of thermal and lighting standards in an amount not to exceed One Hundred Fifty Dollars ($150.00).

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.

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