19 MAC Pt. 7, R. 3.08.2
Preemption
Cite as 19 Miss. Admin. Code Pt. 7, R. 3.08.2
Preemption
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.