Bill Text: MS SB2663 | 2017 | Regular Session | Introduced
Bill Title: Building Officials and Inspectors Registration Act; create.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2017-01-31 - Died In Committee [SB2663 Detail]
Download: Mississippi-2017-SB2663-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Business and Financial Institutions; Accountability, Efficiency, Transparency
By: Senator(s) Massey
Senate Bill 2663
AN ACT TO CREATE THE "BUILDING OFFICIALS AND INSPECTORS REGISTRATION ACT"; TO DEFINE TERMS USED IN THE ACT; TO REGULATE AND REGISTER BUILDING OFFICIALS, PLAN REVIEWERS, BUILDING INSPECTORS, ELECTRICAL INSPECTORS, MECHANICAL INSPECTORS AND PLUMBING INSPECTORS; TO PRESCRIBE THE POWERS AND DUTIES OF THE COMMISSIONER OF INSURANCE; TO CREATE A BUILDING OFFICIALS ADVISORY BOARD; TO REQUIRE THE APPROVAL OF EDUCATIONAL AND TRAINING PROGRAMS FOR BUILDING OFFICIALS, PLAN REVIEWERS AND INSPECTORS; TO ESTABLISH FEES; TO PROVIDE FOR THE PROMULGATION OF RULES AND REGULATIONS; TO PRESCRIBE PENALTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Building Officials and Inspectors Registration Act".
SECTION 2. As used in this act:
(a) "Adopted," in reference to a rule or ordinance, means properly passed.
(b) "Advisory board" means the building officials advisory board created pursuant to Section 3 of this act.
(c) "Approved" means reviewed and found acceptable by the Commissioner of Insurance of the State of Mississippi.
(d) "Building official" means a construction code enforcement person working as an inspector, or plan reviewer, or actively engaged in the administration and enforcement of adopted building, electrical, mechanical or plumbing codes, or any combination of these codes.
(e) "Code" means the code adopted by the Mississippi Building Codes Council pursuant to Section 17-2-3.
(f) "Commissioner" means the Commissioner of Insurance of the State of Mississippi.
(g) "Education or training program" means formal or informal courses, seminars, correspondence programs, and other teaching aids approved by the commissioner for building officials, plan reviewers and inspectors.
(h) "Fire protection system inspector" means a person meeting the qualifications established by this act responsible for the inspection of fire protection systems in accordance with the design and installation standards referenced by the Mississippi Building Code.
(i) "Fire protection system plan reviewer" means a person meeting the qualifications established by this act responsible for the review of fire protection system plans in accordance with the design and installation standards referenced by the Mississippi Building Code.
(j) "Inspector" means the person responsible for the administration and enforcement of the construction of buildings, structures, or appurtenances under the requirements of the code.
(k) "Practical construction experience" means experience in construction related trades or code administration and enforcement that is found to be acceptable to the commissioner.
(l) "Plan reviewer" means a person engaged in the practice of examining construction documents for the purpose of determining compliance with applicable codes.
(m) "Provisional registration" means a building official, plan reviewer or inspector who is registered subject to attaining the amount of training, education and experience required by the appropriate board and the commissioner.
(n) "Registered" means a building official, plan reviewer, inspector, fire protection system inspector, or fire protection system plan reviewer who is registered under this act.
(o) "Test" means a method of determining qualifications of a person seeking registration as a building official, plan reviewer, or inspector under this act. Tests may be written, oral, practical, or a combination of written, oral, and practical. Completion of education or training programs may be substituted for appropriate tests or portions of tests.
(p) "Code change cycle" means the publication by a nationally recognized code writing body of a new edition of a basic code which includes all approved changes to the basic code since the previous edition. Code change cycle does not include changes to the basic code approved and published in annual supplements to the code.
SECTION 3. (1) The Building Officials Advisory Board is hereby created to assist the commissioner in establishing standards and criteria for the training and qualifications of building officials.
(2) The advisory board shall consist of nine (9) members appointed by the commissioner. Of those members first appointed, three (3) shall be appointed for a term of one (1) year, three (3) shall be appointed for a term of two (2) years, and three (3) shall be appointed for a term of three (3) years. The advisory board shall consist of the following:
(a) A building official who enforces the building officials and code administrators basic building code.
(b) A building official who enforces the Uniform Building Code.
(c) A building official who enforces the Mississippi Building Code.
(d) Two (2) members of the general public, one (1) of whom shall be a person with one (1) or more disabilities.
(e) A registered architect or engineer.
(f) A building contractor.
(g) A building trades journey worker from a recognized apprentice course.
(h) A representative of small business.
(3) Of the three (3) building officials appointed pursuant to subsection (2)(a), (b) and (c), one (1) shall represent a county, one (1) shall represent a city, and one (1) shall represent a township or village.
SECTION 4. (1) The commissioner shall promote effective and uniform enforcement of construction codes in the state by improving the competence of building officials, plan reviewers, and inspectors.
(2) The State Board of Contractors shall participate in and work with the commissioner to establish both of the following:
(a) Minimum training and experience standards, qualifications and classifications of responsibility applicable to persons engaged in the enforcement of codes, and plan reviews.
(b) Minimum criteria for the approval of educational or training programs and tests.
(3) The commissioner may review and approve prepared educational and training programs, tests and instructors. The examination and evaluation of training and educational programs, instructors, and tests shall include, but not be limited to:
(a) Construction code administration.
(b) Specialty aspects of code program parts, including all of the following:
(i) Prohibited appliances.
(ii) Premanufactured units.
(iii) Approval of materials, products and methods.
(iv) Barrier free design.
(v) Energy conservation.
(c) Inspection techniques.
(d) Communication skills.
(e) Human and public relations.
(f) Report writing.
(g) Plans and specifications reading.
(h) Pertinent laws, ordinances, rules and policies.
(i) Construction practices.
(4) If the commissioner finds that the proposed educational or training courses or programs are acceptable under minimum requirements established under this section, the commissioner shall give approval to the courses or programs for a limited period of time and with appropriate qualifications as the commissioner prescribes.
(5) The State Board of Contractors shall recommend to the commissioner criteria for approval which relate to the board's function and are required by Section 4(2). The commissioner shall give consideration to any submission by the board, but the commissioner shall have final responsibility for the approval of training standards and programs.
SECTION 5. The commissioner shall promulgate rules for the administration of this act pursuant to the Administrative Procedures Law, Section 25-43-1.101 et seq.
SECTION 6. (1) Application for registration as a building official, plan reviewer or inspector shall be made to the State Board of Contractors and to the commissioner, along with the fee prescribed in Section 12 of this act.
(2) The commissioner may issue an initial registration for a period of more or less than three (3) years for the purpose of allowing subsequent registration renewal to coincide with the code change cycle.
SECTION 7. A registered building official, plan reviewer, or inspector shall renew his or her registration by September 1 of every third year. Reregistration or renewal of an initial registration or provisional registration shall be based on a determination by the State Board of Contractors of this act of all of the following:
(a) The applicant's familiarity with any changes to the codes that the applicant seeks to be registered to enforce.
(b) The applicant's familiarity with other pertinent laws.
(c) Evidence satisfactory to the appropriate board that the applicant has attended local in-service training and education programs on an ongoing basis.
SECTION 8. Upon written notice of hearing, the commissioner may revoke or suspend the registration of any building official, plan reviewer, inspector, fire protection system inspector, or fire protection system plan reviewer if there is sufficient evidence showing that the registered individual has violated this act or rules promulgated under this act, in the performance of his or her duties. In any proceeding under this act, an enforcing agency that employs the individual may appear as a party in interest. The hearing shall be conducted pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
SECTION 9. (1) Performing instructional duties for educational purposes and providing contractual inspection and consulting services in construction code enforcement shall not be considered conflicts of interest.
(2) An inspector shall not be permitted to inspect his or her own work in a political subdivision.
(3) A political subdivision may establish additional requirements and restrictions in the selection and hiring of construction code enforcement officials, inspectors and plan reviewers.
(4) This act shall not be construed to limit or restrict the type of internal administrative organization an enforcing agency may choose, or to limit or otherwise affect the authority of the enforcing agency to dismiss or suspend a building official, inspector, or plan reviewer at its discretion.
SECTION 10. (1) Upon receipt of the fee prescribed in Section 12 of this act, the commissioner, without requiring an examination, shall register or reregister, as a building official, inspector, plan reviewer, fire protection system inspector, or fire protection system plan reviewer, an applicant licensed or certified under the laws of another state. However, the commissioner shall register or reregister the applicant only if the commissioner determines that the licensing or certification requirements of the other state are equivalent to the requirements of this state for the purpose of establishing reciprocity privileges for building officials, inspectors, plan reviewers, fire protection system inspectors and fire protection system plan reviewers.
(2) Upon receipt of the fee prescribed in Section 12 of this act, the commissioner, without requiring an examination, shall register or reregister as a building official, inspector or plan reviewer an applicant licensed or certified by a national organization as a building official, inspector or plan reviewer. However, the commissioner shall register or reregister the applicant only if the commissioner determines that the licensing or certification requirements of the national organization are equivalent to the requirements of this state for the purpose of establishing reciprocity privileges for building officials, inspectors, and plan reviewers.
(3) Upon the receipt of the fee prescribed in Section 12 of this act, the commission, without requiring an examination, shall register or reregister as a fire protection system inspector an applicant who meets all the following requirements:
(a) Is certified by the National Fire Protection Association or the International Code Council as a Fire Inspector I and Fire Inspector II.
(b) Attests to the department in his or her application to having an understanding of the Mississippi Building Code.
(4) Upon the receipt of the fee prescribed in Section 12 of this act, the commission, without requiring an examination, shall register or reregister as a Fire Protection System Plan reviewer an applicant who meets all the following requirements:
(a) Is certified by the National Fire Protection Association or the International Code Council as a fire inspector I and a plans examiner.
(b) Attests to the department in his or her application to having an understanding of the Mississippi Building Code.
SECTION 11. (1) Subject to subsection (2), an individual shall not be appointed or employed as a building official, inspector or plan reviewer by an enforcing agency, unless the individual is registered under this act and the rules promulgated under this act.
(2) An individual who becomes employed by a governmental subdivision as a building official, plan reviewer or inspector, if not already registered, shall within thirty (30) days of employment apply to the commissioner for provisional registration. Upon payment of the fees prescribed in Section 12 of this act, the individual shall be provisionally registered.
(3) If the commission determines that an applicant for registration does not qualify for registration, the commissioner shall notify the applicant of that fact in writing. The applicant may appeal an adverse decision pursuant to the Mississippi Administrative Procedures Law, Section 25-41-1.101 et seq.
(4) Notwithstanding any provision of this act, employment by an enforcing agency is not a requirement for registration or provisional registration as a building official, plan reviewer or inspector under this act.
SECTION 12. (1) The commissioner shall charge fees for registration of building officials, inspectors and plan reviewers and for the examination and evaluation of training and educational programs and courses.
(2) An applicant for registration shall pay the following applicable registration fee to the commission for each year the registration covers:
(a) If paid after September 30, Ten Dollars ($10.00).
(b) If paid on or before September 30, Twenty-five Dollars ($25.00).
(3) A fee established by the commissioner for the examination and evaluation of training and educational programs and courses shall bear a reasonable relation to the cost for those conducting those training and educational programs and courses.
(4) The commission shall deposit any fees received under this section in the State General Fund.
(5) The commissioner shall waive any fee otherwise required under this section if the individual responsible for paying the fee is, and provides proof satisfactory to the commissioner that he or she is an honorably discharged veteran of the Armed Forces of the United States.
SECTION 13. This act shall take effect and be in force from and after July 1, 2017.
