As Amended
SEC. 19-5-9. Adoption of building and other related codes in certain counties.
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.
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.
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.
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.
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.
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, are 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.
The authority * * * granted in this section is cumulative and supplemental to any other authority granted by law.
Notwithstanding any provision of this section to the contrary, any code adopted by a county before or after the effective date of House Bill No. 692, 2001 Regular Session, is subject to the provisions of Section 41-26-14(10).
SOURCES: Codes, 1942, Sections 2890.7, 2890.8; Laws, 1962, ch. 266, Sections 1, 2; Laws, 1964, ch. 274; Laws, 1974, ch. 530; Laws, 2000, ch. 590, Sec. 3; Laws, 2001, ch. 587, Sec. 2, HB 692, eff from and after passage (approved Apr. 12, 2001.)
PREVIOUS VERSIONS: Pre-2001