Bill Text: MS SB2378 | 2014 | Regular Session | Enrolled


Bill Title: State Uniform Construction Code; adopt certain nationally recognized codes and standards as.

Status: (Passed) 2014-03-17 - Approved by Governor [SB2378 Detail]

Download: Mississippi-2014-SB2378-Enrolled.html

MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Insurance

By: Senator(s) Carmichael

Senate Bill 2378

(As Sent to Governor)

AN ACT TO ADOPT CERTAIN NATIONALLY RECOGNIZED CODES AND STANDARDS AS THE STATE UNIFORM CONSTRUCTION CODE; TO AMEND SECTIONS 17-2-7 AND 17-2-9, MISSISSIPPI CODE OF 1972, TO EXEMPT CERTAIN STRUCTURES FROM REQUIREMENTS UNDER THE STATE UNIFORM CONSTRUCTION CODE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  Except as provided in Section 17-2-1(1) and subsection (3) of this section, a county board of supervisors or municipal governing authority shall adopt and amend as minimum codes one (1) of the following as the State Uniform Construction Code:

          (a)  One (1) of the last three (3) adopted editions of the International Building Code (IBC) and any specific appendix or appendices as adopted and amended by the Mississippi Building Codes Council;

          (b)  One (1) of the last three (3) adopted editions of the International Residential Code (IRC), and any specific appendix or appendices as adopted and amended by the Mississippi Building Codes Council, with the exception of those provisions that require the installation of a multipurpose residential fire protection sprinkler system or any other fire sprinkler protection system in a new or existing one- or two-family dwelling;

          (c)  Other codes addressing matters such as electrical, plumbing, mechanical, fire and fuel gas, and any specific appendix or appendices as adopted and amended by the Mississippi Building Codes Council.

     (2)  In addition to the codes required under this section, subject to the provisions of subsection (3) of this section, a county or municipality may adopt construction codes that are not less stringent than the codes adopted in subsection (1) of this section.

     (3)  Within one hundred twenty (120) 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.

     (4)  These provisions do not apply to those buildings exempt from enforcement in Section 17-2-7 and Section 17-2-9.

     (5)  These provisions do not apply to manufactured homes or mobile homes as defined in Section 75-49-3.

     SECTION 2.  Section 17-2-7, Mississippi Code of 1972, is amended as follows:

     17-2-7.  (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 17-2-1 through 17-2-5 and Section 1 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.

     (5)  The provisions of this section shall not apply to any floodplain management ordinances or regulations necessary for eligibility for the National Flood Insurance Program, and such floodplain management ordinances or regulations shall apply retroactively to any construction or improvement permit granted for any structure exempted under this section before May 22, 2012.

     SECTION 3.  Section 17-2-9, Mississippi Code of 1972, is amended as follows:

     17-2-9.  (1)  The governing authority of any county or municipality shall not enforce any portion of any building codes  established and/or imposed under Sections 17-2-1 through 17-2-5 and Section 1 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 17-2-1 through 17-2-5 and Section 1 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 17-2-1 through 17-2-5 and Section 1 of this act which regulates the construction or improvement of a private unattached outdoor recreational structure, such as a hunting or fishing camp.  In order for a structure to qualify as a "hunting camp" or "fishing camp" under the provisions of this subsection, the owner must file with the board of supervisors of the county in which the structure is located his signed affidavit stating under oath that the structure is a hunting camp or fishing camp, as the case may be, that he is the owner or an owner of the camp and that the camp is located in an unincorporated area of the county within, near or in close proximity to land upon which hunting or fishing activities legally may take place.

     (4)  The governing authority of any county or municipality shall not enforce any portion of any building codes established and/or imposed under Sections 17-2-1 through 17-2-5 and Section 1 of this act which regulates the construction or improvement of manufactured housing built according to the Federal Manufactured Home Construction and Safety Standards Act.

     (5)  The governing authority of Pearl River County or any municipality within such county shall not enforce any portion of any building codes established and/or imposed under Sections 17-2-1 through 17-2-5 and Section 1 of this act which prohibits the use of or requires building permit approval for the use of salvage lumber or green cut timber in building construction provided such timber is for personal use and is not for sale.

     (6)  The provisions of this section shall not apply to any floodplain management ordinances or regulations necessary for eligibility for the National Flood Insurance Program, and such floodplain management ordinances or regulations shall apply retroactively to any construction or improvement permit granted for any structure exempted under this section before May 22, 2012.

     SECTION 4.  This act shall take effect and be in force from and after August 1, 2014.


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