MISSISSIPPI LEGISLATURE
2023 Regular Session
To: County Affairs; Municipalities
By: Senator(s) Suber, Hill
AN ACT TO AMEND SECTION 19-5-9, MISSISSIPPI CODE OF 1972, TO ALLOW CERTAIN COUNTIES TO OPT OUT OF REQUIRING PERMITTING AS A CONDITION TO CONSTRUCTION WITHIN THE UNINCORPORATED AREAS OF A COUNTY; TO AMEND SECTION 21-19-25, MISSISSIPPI CODE OF 1972, TO ALLOW CERTAIN MUNICIPALITIES TO OPT OUT OF REQUIRING PERMITTING AS A CONDITION TO CONSTRUCTION WITHIN THE MUNICIPALITY'S JURISDICTION; TO AMEND SECTION 73-59-1, MISSISSIPPI CODE OF 1972, TO INCREASE THE MONETARY THRESHOLD OF IMPROVEMENTS TO AN EXISTING RESIDENCE A PERSON MUST MEET IN ORDER TO FALL WITHIN THE DEFINITION OF REMODELER; TO AMEND 73-59-3, MISSISSIPPI CODE OF 1972, TO ESTABLISH AN ALTERNATIVE LICENSURE PROCEDURE FOR THE STATE BOARD OF CONTRACTORS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-5-9, Mississippi Code of 1972, is amended as follows:
19-5-9. (1) 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.
(2) If the board of supervisors of any county adopts or has adopted construction codes which do not have proper provisions to maintain up-to-date amendments, specifications in such codes for cements used in portland cement concrete shall be superseded by nationally recognized specifications referenced in any code adopted by the Mississippi Building Code Council.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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, is 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.
(8) The authority granted in this section is cumulative and supplemental to any other authority granted by law.
(9) 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).
(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.
(11) Regardless of whether a
county adopts or has adopted codes, as set forth in this section, each and every
county in this state shall require permitting as a condition to construction within
the unincorporated areas of the county * * *; provided, however, that each
county with a population under twenty-two thousand five hundred (22,500) according
to the most recent federal decennial census may opt out of requiring such
permitting by a majority vote of the board of supervisors made before December 31,
2023. Such an opt out shall only be effective until July 1, 2028. If a county
is eligible to opt out but does not do so, or if the county is not eligible to
opt out, the required permits shall contain, on their face, in conspicuous print,
(a) the contractor's material purchase certificate number to the extent furnished
by the Department of Revenue pursuant to Section 27-65-21(3) or the contractor's
Taxpayer Identification Number as furnished by the Internal Revenue Service, and
either a copy of such material purchase certificate furnished by the Department
of Revenue pursuant to Section 27-65-21(3), or a copy of the contractor's W-9, as
the case may be, shall be required to be provided to the county as part of the prime
contractor's application for such permit, prior to the issuance of such permit,
and (b) the contractor's license or certificate of responsibility number as required
by either Section 31-3-14 et seq., 51-5-1 et seq. or 73-59-1 et seq.
SECTION 2. Section 21-19-25, Mississippi Code of 1972, is amended as follows:
21-19-25. (1) Any municipality within the State of Mississippi may, in the discretion of its governing authority, 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 authority 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.
(2) If the governing authority of any municipality adopts or has adopted construction codes which do not have proper provisions to maintain up-to-date amendments, specifications in such codes for cements used in portland cement concrete shall be superseded by nationally recognized specifications referenced in any code adopted by the Mississippi Building Code Council.
(3) 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.
(4) 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).
(5) 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 17-2-1 as provided in such section.
(6) Regardless of whether the
governing authority of any municipality adopts or has adopted construction codes,
as set forth in this section, each and every governing authority of any municipality
shall require permitting as a condition to construction within the municipality's
jurisdiction * * *; provided, however, that each municipality with a population
under seven thousand five hundred (7,500) according to the most recent federal
decennial census may opt out of requiring such permitting by a majority vote of
the governing authority made by December 31, 2024. Such an opt out shall only be
effective until July 1, 2028. If a municipality is eligible to opt out but does
not do so, or is ineligible to opt out, all such permits shall contain on their
faces, in conspicuous print, (a) the contractor's material purchase certificate
number to the extent one is furnished by the Department of Revenue pursuant to Section
27-65-21(3) or the contractor's Taxpayer Identification Number as furnished by the
Internal Revenue Service, and either a copy of such material purchase certificate
furnished by the Department of Revenue pursuant to Section 27-65-21(3), or a copy
of the contractor's W-9, as the case may be, shall be required to be provided to
the governing authority of such municipality as part of the contractor's application
for such permit, prior to the issuance of such permit, and (b) the contractor's
license or certificate of responsibility number as required by either Section 31-3-14
et seq., 51-5-1 et seq. or 73-59-1 et seq.
(7) 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 3. Section 73-59-1, Mississippi Code of 1972, is amended as follows:
73-59-1. For the purposes of this chapter, the following words shall have the meanings ascribed herein:
(a) "Board" means the State Board of Contractors created in Section 31-3-3, Mississippi Code of 1972.
(b) "Residential builder" means any corporation, partnership or individual who constructs a building or structure for sale for use by another as a residence or who, for a fixed price, commission, fee, wage or other compensation, undertakes or offers to undertake the construction, or superintending of the construction, of any building or structure which is not more than three (3) floors in height, to be used by another as a residence, when the total cost of the undertaking exceeds Fifty Thousand Dollars ($50,000.00).
(c) "Remodeler"
means any corporation, partnership or individual who, for a fixed price, commission,
fee, wage or other compensation, undertakes or offers to undertake the construction,
or superintending of the construction, of improvements to an existing residence
when the total cost of the improvements exceeds * * * Twelve
Thousand Five Hundred Dollars ($12,500.00).
(d) "Residential construction" means any undertaking described in paragraph (b) of this section performed by a residential builder.
(e) "Residential improvement" means any undertaking described in paragraph (c) of this section performed by a remodeler.
(f) "Active licensee" means any builder or remodeler licensed under this chapter and engaged in building and remodeling.
(g) "Inactive licensee" means any builder or remodeler licensed under this chapter and not engaged in building or remodeling.
(h) "Construction manager" means any person or entity, other than a residential builder, remodeler or owner, who has a contract or agreement with the owner of the property for residential construction or residential improvement, no matter if that owner himself is the general contractor or a holder of a building permit.
(i) "Residential solar contractor" means any person or entity who installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems.
SECTION 4. Section 73-59-3, Mississippi Code of 1972, is amended as follows:
73-59-3. (1) Except as otherwise provided in Section 73-59-15 or Section 33-1-39, the following persons or entities shall be licensed by the board annually as an active licensee or inactive licensee, as appropriate:
(a) Persons or entities acting in the capacity as a residential builder;
(b) Persons or entities acting in the capacity as a residential remodeler;
(c) Persons or entities acting in the capacity as a construction manager through a contract or an agreement with the owner of the property being improved or constructed upon;
(d) Any subcontractor, of any tier, performing the following work or within the following trade, on any residential construction or residential improvement project, no matter the dollar amount of the construction or improvements:
(i) Electrical;
(ii) Plumbing;
(iii) Mechanical; and/or
(iv) Heating, ventilation and/or air conditioning; and
(e) Persons or entities acting in the capacity as a residential solar contractor.
(2) As an alternative to examination provided for under Section 73-59-5, an applicant who is a person or entity required to be licensed by subsection (1)(c) and (d) of this section may be issued a license by the board if the applicant:
(a) (i) Is licensed by a municipality and/or county and submits documentation that the applicant has passed a standardized examination such as an International Code Council (ICC) examination or a municipality or county-administered examination; or
(ii) Can demonstrate, by notarized affidavit, that the applicant has been acting in the applicable capacity described in subsection (1)(d) of this section for not less than five (5) years and the applicant submits all of the following:
1. One (1) reference letter from a building official or board licensed contractor specifying the classification of work for which the applicant is seeking a license;
2. One (1) reference letter from a bank or other financial institution; and
3. One (1) general reference letter from a project owner, architect, supplier or similar person or entity; and
(b) Completes any applicable video course made available by the board and submits a certificate of completion for the course to the board.
No person required to be licensed under subsection (1)(c) and (d) of this section may be issued a license under this subsection after June 30, 2024.
( * * *3) As a prerequisite to obtaining a license
or renewal thereof, each of the persons or entities in subsection (1) of this section
shall submit to the board:
(a) Proof of workers' compensation insurance, if required by applicable law; however, workers' compensation insurance shall not be required for inactive licensees;
(b) A federal employment identification number or social security number.
( * * *4) The board may require liability insurance
to be licensed under this chapter and it shall be reflected on the certificate of
licensure; however, liability insurance shall not be required for inactive licensees.
( * * *5) The board shall issue or renew a license
to persons or entities required by subsection (1) of this section to be licensed,
upon payment to the board of the license fee. The initial license fee shall be
Fifty Dollars ($50.00). The license fee may thereafter be increased or decreased
by the board and cannot exceed One Hundred Dollars ($100.00); however, the receipts
from fees collected by the board shall be no greater than the amount required to
pay all costs and expenses incurred by the board in enforcing the provisions of
this chapter. Twenty-five Dollars ($25.00) of the fee required by this section
which is assessed to residential builders licensed under the provisions of Section
73-59-1 et seq. shall be deposited to the Construction Education Fund created pursuant
to Section 31-3-14 and shall be distributed to the Mississippi Housing Institute.
The remaining fees collected under this chapter shall be deposited into the special
fund in the State Treasury known as the "State Board of Contractors Fund"
created pursuant to Section 31-3-17 and shall be used for the administration and
enforcement of this chapter and as provided in Section 31-3-14. Amounts in such
fund shall not lapse into the State General Fund at the end of a fiscal year. Interest
accrued to such fund shall remain in the fund. All expenditures from the special
fund shall be by requisition to the Department of Finance and Administration, signed
by the executive director of the board and countersigned by the chairman or vice
chairman of the board.
( * * *6) Except as provided in Section 33-1-39,
the license shall expire on the last day of the twelfth month following its issuance
or renewal and shall become invalid unless renewed. The board may notify by mail
or email every licensee under this chapter of the date of the expiration of his
license and the amount of the fee required for renewal of the license for one (1)
year. To receive notification by email, a licensee must notify the board of his
desire to receive notification by email and provide an email address. Such notice
may be mailed or emailed within thirty (30) days prior to the expiration date of
the license. The failure on the part of any licensee to renew his license annually
in such twelfth month shall not deprive such licensee of the right of renewal, provided
that renewal is effected within one hundred eighty (180) days after the expiration
date of the license by payment of the license fee plus a penalty of ten percent
(10%) of the license fee. A new license required to replace a revoked, lost, mutilated
or destroyed license may be issued, subject to the rules of the board, for a charge
of not more than Fifty Dollars ($50.00). An inactive licensee may become an active
licensee upon application meeting all the requirements of this section.
( * * *7) Any person who is not a resident of
the State of Mississippi who desires to perform residential construction or residential
improvement shall be licensed to perform such construction or improvement as provided
by this chapter.
SECTION 5. This act shall take effect and be in force from and after July 1, 2023.