Mississippi Building Code & Construction Permit Law

Mississippi Code · 5 sections

The following is the full text of Mississippi’s building code & construction permit law statutes as published in the Mississippi Code. For the official version, see the Mississippi Legislature.

Miss. Code Ann. § 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 Ten Thousand Dollars ($10,000.00). (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. Laws, 1993, ch. 534, § 1; reenacted, Laws, 1995, ch. 431, § 1; reenacted without change, Laws, 2000, ch. 345, § 1; reenacted without change, Laws, 2005, ch. 375, § 1; reenacted without change, Laws, 2009, ch. 556, § 1; reenacted without change, Laws, 2011, ch. 433, § 1; Laws, 2012, ch. 416, § 1, eff. 7/1/2012. Amended by Laws, 2022, ch. 502, HB 1163,§ 3, eff. 7/1/2022. Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 11, eff. 7/1/2015.

Miss. Code Ann. § 73-59-15

(1) This chapter shall not apply to: (a) Agricultural buildings, buildings used for agricultural purposes, buildings constructed as a community effort, or tenant houses; (b) Any person who undertakes construction or improvement on his own residence, or who acts as his own general contractor in the performance of construction or improvement on his own residence; (c) Any person who undertakes residential construction or improvement, or who acts as a general contractor in the performance of residential construction or improvement, or who acts under supervision of the owner-occupant with respect to residential construction or improvement, when the owner of such construction or improvement is related to such person by consanguinity or direct affinity, and the property or improvement will not be for sale, rent, public use or public assembly; (d) The owners of property who supervise, superintend, oversee, direct or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or maintenance of any building, railroad, excavation, project, development, improvement, plant facility or any other construction undertaking on such property for use by such owner and which will not be for sale, rent, public use or public assembly; (e) Any contractor holding a valid license or certificate of responsibility for general construction from the board; (f) Any nonresident contractor holding a valid license or certificate of responsibility for building construction; (g) Any person who constructs two (2) single residences or less within a period of one (1) year in any county or municipality which does not require a building permit or any local certification for such construction, provided that the person is not building the residences for sale, profit or remuneration. (2) A person specified in subsection (1)(b) or (c) shall not make more than one (1) application for a permit to construct a single residence or shall not construct more than one (1) single residence within a period of one (1) year. There shall be a rebuttable presumption that such person intends to construct for the purpose of sale, lease, rent or any similar purpose if more than one (1) application is made for a permit to construct a single residence or if more than one (1) single residence is constructed within a period of one (1) year. Laws, 1993, ch. 534, § 8; reenacted and amended, Laws, 1995, ch. 431, § 8; Laws, 1998, ch. 535, § 4; reenacted and amended, Laws, 2000, ch. 345, § 8; reenacted without change, Laws, 2005, ch. 375, § 8; reenacted without change, Laws, 2009, ch. 556, § 8; reenacted without change, Laws, 2011, ch. 433, § 8; Laws, 2012, ch. 416, § 3, eff. 7/1/2012. Amended by Laws, 2022, ch. 502, HB 1163,§ 6, eff. 7/1/2022. Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 18, eff. 7/1/2015.

Miss. Code Ann. § 73-59-18

All residential contractors, in order to obtain a building permit in the State of Mississippi, shall possess a permit from the Department of Revenue issued under Section 27-65-27 . Notwithstanding the definitions of "residential builder" and "remodeler" in Section 73-59-1 , for purposes of this section, a residential contractor is a person or entity contracting or offering to contract with an owner or possessor of residential real estate to construct a residence or appurtenant structure thereon, or to repair or renovate any portion of a residence or appurtenant structure thereon, regardless of the cost of the project, and regardless of whether all or part of the cost is expected to be paid as a benefit of a property and casualty insurance policy. A residential contractor is not a person building, repairing or renovating his or her own personal residence. This section shall not apply to a residential contractor having a permanent place of business in the State of Mississippi or licensed under Section 31-3-1 et seq. Added by Laws, 2021, ch. 476, SB 2874,§ 1, eff. 4/22/2021.

Miss. Code Ann. § 73-60-27

(1) On or after July 1, 2001, any person who acts as a home inspector, or holds himself or herself out as a home inspector, without being licensed under this chapter, shall, in addition to any other penalty provided by law, be liable for an administrative fine not to exceed One Thousand Dollars ($1,000.00) for a first offense and not to exceed Five Thousand Dollars ($5,000.00) for a second or subsequent offense as determined by the Appraisal Board. (2) The Appraisal Board has the authority and power to investigate any and all unlicensed activity. (3) No licensed home inspector may perform repairs on a residential building as part of or result of the home inspection. (4) After October 1, 2001, no person licensed under this chapter shall offer to perform or perform inspection services on new construction for a fee without having first obtained a residential home builders license from the Mississippi Board of Contractors and certification by the Southern Building Code Congress or any other national professional code organization. Laws, 2001, ch. 539, § 14, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 11, eff. 7/1/2024.

Miss. Code Ann. § 73-73-5

The following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise: (a) "Board" means the State Board of Architecture as defined in Section 73-1-3 . (b) "Interior Design Advisory Committee" or "IDAC" means the jurisdictional committee responsible for making recommendations to the board for implementing interior design legislation and making rules and regulations. IDAC is comprised of Mississippi Certified Interior Designers and reports to the board. Decisions and actions of IDAC are subject to ratification by the board through review and approval of IDAC's minutes. (c) "Mississippi Certified Interior Designer" means an interior design professional who holds a certification issued by the board. A certified interior designer shall not be considered to be a registered design professional as defined within the International Building Code or by building permit requirements. (d) "Certificate" means the certificate issued by the board authorizing the holder of the certificate to use the title Mississippi Certified Interior Designer. (e) "NCIDQ" means the National Council for Interior Design Qualification. (f) "IDQE" means the Interior Design Qualification Examination as prepared and administered by NCIDQ or its successor. (g) "CIDA" means Council for Interior Design Accreditation (formerly known as "FIDER" or the "Foundation for Interior Design Education Research"). (h) "MCID" means Mississippi Coalition for Interior Design or its successor. Laws, 2011, ch. 360, § 3, eff. 7/1/2011.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)