Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 3 - (Me -2007-3) Rules And Regulations For The Uniform Standards Code For The Factory Built Homes Law As Related To Modular Homes › Rule 19-7-3.07 - Local Code Adoption and Inspection › Section 19-7-3.07.2 - Preemption

Current through June 25, 2024
A. No county or municipal modular home
				  ordinances, standards, or laws regarding modular home construction and design,
				  which covers aspects of modular homes governed by the "Mississippi Uniform
				  Standards Code for Factory-Built Homes Law" and this Regulation, shall be
				  established or continue in effect with respect to modular homes subject this
				  Regulation unless they are
identical
to the "Mississippi Uniform
				  Standards Code for Factory-Build Homes Law" and this Regulation.
B. No county or municipality may require, as
				  a condition of entry into or sale in the State, a modular home certified by the
				  application of the data plate required by this Regulation and the International
				  Residential Code to be subject to county or municipality inspection to
				  determine compliance with any ordinances, standards, or laws covering any
				  aspect of the modular home covered by this Regulation. Nor may any county or
				  municipality require that a county or municipal data plate be placed on the
				  modular home certifying conformance to the rules and regulations. The actions
				  that counties or municipalities are permitted to take are the following:
				  connection of units, additions, zoning, utility connections, foundation
				  inspections, and permits.
C. This
				  Regulation establishes the exclusive system for enforcement of the requirements
				  of this Regulation. No county or municipality may establish or keep in effect,
				  through a building code enforcement system or otherwise, procedures or
				  requirements which constitute systems for enforcement of the "The Uniform
				  Standards Code for Factory-Built Homes Law," codified at
Mississippi
				  Code Ann.
, Section
				  75-49-1
et
				  seq.
, and this implementing Regulation, or of identical county or
				  municipal ordinances, standards, or laws which are outside the system
				  established in this Regulation or which go beyond the system established in
				  this Regulation to require remedial actions which are not required by this
				  Regulation. .
D. No county or
				  municipality may establish or enforce any rule or regulation or take any action
				  that stands as an obstacle to the accomplishment and execution of the full
				  purposes and objectives of the Mississippi Legislature. The test of whether a
				  county or municipal rule or action is valid or must give way to the
				  requirements of "The Uniform Standards Code for Factory-Built Homes Law,"
Mississippi Code Ann.
Section
				  75-49-1
et
				  seq.
, and this implementing Regulation, is whether the county or
				  municipal rule can be enforced or the action taken without impairing the
				  governance of the modular home industry as established by the applicable
				  Mississippi law and this Regulation.
Miss. Code Ann.
					 §
											75-49-5
					 (Supp. 2013).