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2024 Op. Miss. Att'y Gen. 1 (2024)

handle is hein.sag/sagms0097 and id is 1 raw text is: f R ATTORNEY GENERAL OPINIONS AND POLICY January 9, 2024 Nick Manley, Esq. Attorney, City of Southaven 8710 Northwest Drive Southaven, Mississippi 38671 Re: City's Ability to Exempt Areas from Certain Building Code Requirements Dear Mr. Manley: The Office of the Attorney General has received your request for an official opinion. Background According to your request, the city of Southaven (City) previously established a West End District (District), which provides economic incentives to assist with revitalization. As part of the City's efforts to revitalize the area, the City has been informed that certain buildings within the District are not a sound investment due to the costs associated with ensuring compliance with the current city building code. The City administration would thus like to explore incentives, other than economic based, to assist with revitalization within the District. Question Presented Assuming the City sets forth the specific conditions under which certain elements of the City Building Code do not apply and ensures that all persons or entities within a particular class and District are being treated equally and not in an arbitrary and capricious manner, may the City, via a properly drawn ordinance, exempt buildings located within the District from various building code requirements? Brief Response Mississippi Code Annotated Section 17-2-4(1) mandates certain minimum building codes for counties or municipalities. If the City did not opt out of Section 17-2-4(1)'s application within 120 days of its effective date of August 1, 2014, as provided by Section 17-2-4(3), state law does not provide for exemptions from these mandatory minimum building codes. This said, the City's 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680

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