IN GENERAL

Biloxi Code of Ordinances ch. 5, art. I

in effect

Biloxi Code of Ordinances § 5-1-1 Building code standards.

Sec. 5-1-1. - Building code standards. (a) There is hereby approved and adopted the International Building Code, 2024 edition, together with Appendices C and D, as published by the International Code Council, Inc., as the building code standards of the city. A copy of said International Building Code is to be kept on file in the office of the community development department of the city as a permanent record. Such International Building Code is hereby adopted fully as if set out at length herein, subject, however, to all amendments, deletions, and substitutions contained in the code, and subject further to inconsistent provisions contained in this code. (b) Any provisions in the code which refers to the International Building Code or the building code of the city or to any previously adopted version of any such building code shall be deemed to refer to the version adopted by the ordinance from which this section is derived, and any provision in this code which refers to a specific provision in any previously adopted version of the building code of the city shall be deemed to refer to the section or appendix contained in the version adopted by this section which corresponds in substantive text regardless of the numbering systems utilized. (c) Amendments. The following sections or subsections of the International Building Code, 2024 edition, are hereby added or amended as follows: Subsection 105.1 Required. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be guilty of a misdemeanor and subject to the penalties as provided in section 1-1-8 of the Code of Ordinances. Nothing contained in this section shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any such violation, including, but not limited to, a penalty of 100 percent of the original permit fee on said building, structure, electrical, gas, mechanical, or plumbing system. Where an original permit has been issued and a person commences any additional work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits for such additional work on said building, structure, electrical, gas, mechanical, or plumbing system, that person shall be guilty of a misdemeanor and subject to the penalties as provided in section 1-1-8 hereof. In the event it is determined that the work on any building, structure, electrical, gas, mechanical, or plumbing system commenced before obtaining the necessary permits, and it is determined by the city council that it is contrary to the health, safety, or general welfare of the city, then such work shall be removed by the owner pursuant to a written notice requiring such removal, signed either by the mayor or by the building official of the city or other duly authorized officer. Subsection 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The period required for this examination shall not be less than ten "working days", excluding weekends and municipal holidays, unless the size and scope of a project or current building division workload warrants additional time for review. Subsection 107.3.4 Design professional in responsible charge. For the purposes of this chapter, the design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following: 1. All Group A, E and I occupancies. 2. Buildings and structures three stories or more in height. 3. Buildings and structures 5,000 square feet (465 m 2 ) or more in area. For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered. Subsection 602.5. Type V. Type V construction is that type of construction in which the exterior bearing and nonbearing walls and partitions, floors, and roofs are wholly or partly of wood or other approved materials. Exterior bearing and nonbearing walls of Type V construction may be unprotected only in structures either located in RS-5, RS-7.5, and RS-10 single family residential districts, or in structures with a horizontal separation, which is defined as the distance from a common property line or an assumed property line of ten feet or more, while exterior bearing and nonbearing walls of Type V construction in all other zoning districts must be protected. With the exception of the foregoing restriction, fire resistance requirements for structural elements of Type V construction shall be as specified in Table 601. (Code 1959, § 6-1; Ord. No. 1616, § 1, 11-25-91; Ord. No. 1742, § 1, 10-4-94; Ord. No. 1853, § 2, 6-9-98; Ord. No. 1863, § 1, 11-17-98; Ord. No. 1938, § 2(1), 11-28-00; Ord. No. 1939, § 1(1), 11-28-00; Ord. No. 2027, § 2, 3-21-06; Ord. No. 2141, § 2, 1-5-10; Ord. No. 2232, § 2, 9-3-13; Ord. No. 2356, § 2, 4-24-18; Ord. No. 2448, § 2, 9-21-2021; Ord. No. 2583, § 2, 6-10-25)

Biloxi Code of Ordinances § 5-1-2 License and insuring of building contractors.

Sec. 5-1-2. - License and insuring of building contractors. (a) There is hereby established and required an annual license for all building contractors and subcontractors who shall make contracts for the erection or construction or repair of buildings for which a building permit is required, and who are not otherwise licensed by prior ordinances of the city. The fee for such annual license shall be paid to the city in the sum of $100.00. (b) In addition to the license fee, such contractors and subcontractors shall give good and sufficient proof of liability insurance in the sum of $300,000.00. (c) The licensing requirement herein shall apply only to the construction of any building or structure which: (i) is more than three floors in height; (ii) is to be used by another as a residence; (iii) when the cost of the undertaking exceeds $50,000.00 (in the case of a residential builder); or (iv) construction of improvements to an existing residence, when the cost of the improvements is in excess of $10,000.00 (in the case of a remodeler). (d) A homeowner may obtain a building permit to perform work on his or her place of residence without obtaining a contractor's license only if one of the following conditions are met: (1) Homeowner provides proof that said dwelling is his/her primary residence and that he/she has resided there for a minimum of 90 days; (2) Homeowner has applied or now currently has homestead exemption for said residence; (3) This exemption applies only to the homeowner's primary residence, not commercial or rental properties he or she may own. (Code 1959, § 6-2.1; Ord. No. 1973, § 1, 2-4-03; Ord. No. 1975, § 1, 4-15-03)

Biloxi Code of Ordinances § 5-1-3 Building and housing board of adjustments and appeals.

Sec. 5-1-3. - Building and housing board of adjustments and appeals. (a) Established; membership; term of office. There is hereby established a board to be called the building and housing board of adjustments and appeals, which shall consist of ten members who shall be appointed by the mayor subject to the confirmation of the city council. New members shall be appointed for a term of four years. Upon the expiration of a present member's term of office, subsequent appointments shall be for a term of four years. Vacancies shall be filled for an unexpired term in the manner stated in this section. Each member shall be eligible for reappointment. (b) Powers and duties; appeals. The building and housing board of adjustments and appeals shall have the powers and duties as set out in Section 113 of the International Building Code, as adopted by the city, 2024 edition, and all subsequent editions, except that any decision to grant a variance request shall be appealable to the city council. All other decisions of the building and housing board of adjustments and appeals shall constitute the final decision of the municipal authorities and shall be filed in the office of the public official. If a person feels aggrieved by a decision of the building and housing board of adjustments and appeals in the granting of a variance request pursuant to the building code of the city, he shall so notify the city council in writing by filing a notice of appeal with the clerk of the city council within ten calendar days of the date the board's decision is filed in the office of the public official. In such cases, the city council may consider the matter on the record of the board or hold a public hearing on the matter, or both; provided, however, that the city council may reverse or modify the decision of the board only after holding a public hearing, and should make a determination whether the board's decision is based on a mistake of fact, a mistake in the interpretation of law, or both. The city council's decision shall be made in writing, shall be filed with the clerk of the city council within 14 days of the hearing on the matter, and shall be final. A copy of this written decision shall be forwarded to the appealing party by the clerk of the city council. (c) Definition. As used in this section and in the building code of the city, the term "any person" shall be defined to mean any person who resides within the city or who owns an interest in any real property located within the city. (d) Conflicts with building code. Where the provisions of this section are inconsistent with the provisions of the International Building Code, 2024 edition, of the city, as adopted by the city council, the provisions of this section shall control. (Code 1959, § 6-3; Ord. No. 1892, § 2, 8-17-99; Ord. No. 2027, § 3, 3-21-06; Ord. No. 2141, § 3, 1-5-10; Ord. No. 2232, § 3, 9-3-13; Ord. No. 2356, § 2, 4-24-18; Ord. No. 2448, § 3, 9-21-2021; Ord. No. 2583, § 2, 6-10-25)

Biloxi Code of Ordinances § 5-1-4 Cleanup deposit for building moving or demolition.

Sec. 5-1-4. - Cleanup deposit for building moving or demolition. Any contractor or owner who applies for a building permit for the moving of any building or structure in the city, or who applies for a building permit for the demolition of any building or structure, shall first deposit with the city the sum of $100.00 in addition to the permit fee required by this chapter. If the contractor or owner fails to properly clean off the building lot after the building or structure is removed or demolished in the time stipulated in the application for the building permit, then the deposit of $100.00 shall be forfeited to the city; otherwise the deposit is to be returned to the owner or contractor upon application after he has cleaned the premises free from all debris and building materials, after an inspection of the premises is made by the building official of the city. (Code 1959, § 6-3.1)

Biloxi Code of Ordinances § 5-1-5 Fees for building permits and inspections.

Sec. 5-1-5. - Fees for building permits and inspections. (a) Reserved. (b) Moving and demolition permits. Any contractor or owner making application for a permit for the moving or demolition of a building or structure shall pay to the city a fee in accordance with the following: (1) For the demolition of any building or structure, the fee shall be $150.00 and a deposit of $150.00. (2) For the moving of any building or structure, the fee shall be $150.00 and a deposit of $150.00. (c) Building permit fees. Any contractor or owner making application for a building permit for the repair, construction or inspection of a building, structure, or signage shall pay to the city a fee in accordance with the following: BUILDING PERMIT FEES: Total Valuation $0—100,000.00 | $25.00 for the first $1,000 plus $5.00 for each additional $1,000 or fraction thereof, to and including $100,000. $100,001.00 to 500,000.00 | $520.00 for the first $100,001 plus $4.00 for each additional 1,000 or fraction thereof, to and including $500,000. $500,001.00—Up | $2,120.00 for the first $500,001.00 plus $3.00 for each additional $1,000 or fraction thereof. Swimming pool permit fees: Commercial/multi-family pool | $200.00 Single-family residential pool | $100.00 Subdivision construction fee | 5% of construction valuation ADMINISTRATION AND INSPECTION FEES: Occupancy inspection | $50.00 Electrical service check | $50.00 Change of contractor | $50.00 Permit extension | $50.00 Homeowner courtesy inspection | $0.00 Contractor courtesy inspection | $30.00 Re-inspection: 1st | $30.00 2nd | $60.00 3rd | $90.00 4th | $100.00 Plan review—Residential | ½ building permit fee Plan review—Commercial | ½ building permit fee Temporary banner | $25.00 Violation (work without a permit) | 2 × permit fee Mobile/manufactured home tie down | $50.00 (d) Payment. All Fees must be paid prior to the issuance of any permit, and it shall be unlawful to perform any work prior to securing the necessary permit. (Code 1959, § 6-3.2; Ord. No. 1556, § 2, 5-1-89; Ord. No. 1572, § 1, 12-4-89; Ord. No. 1649, § 1, 7-13-92; Ord. No. 1960, § 1, 3-19-02; Ord. No. 1963, § 1, 4-23-02; Ord. No. 2027, § 4, 3-21-06; Ord. No. 2141, § 4, 1-5-10; Ord. No. 2160, § 1, 7-20-10; Ord. No. 2232, § 4, 9-3-13; Ord. No. 2356, § 4, 4-24-18; Ord. No. 2448, § 4, 9-21-2021)

Biloxi Code of Ordinances § 5-1-6 Severability.

Sec. 5-1-6. - Severability. The provisions of this chapter and of the building code adopted by this chapter are hereby declared severable; and should any section, subsection, paragraph, sentence or clause of this chapter or of the building code adopted by this chapter be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the remaining portions of this chapter or of the building code adopted by this chapter. (Code 1959, § 6-4)

Biloxi Code of Ordinances § 5-1-7 Conflicts with zoning regulations.

Sec. 5-1-7. - Conflicts with zoning regulations. Where the provisions of this chapter are inconsistent with provisions of chapter 23, known as the zoning ordinance of the city, the provisions of chapter 23 shall control. (Code 1959, § 6-5)

Biloxi Code of Ordinances § 5-1-8 Reserved.

Biloxi Code of Ordinances § 5-1-9 Controlled survey monuments.

Sec. 5-1-9. - Controlled survey monuments. (a) Definition; required information. A controlled survey monument is a six-inch-square concrete object with a 2½-inch brass plug embedded in the top of the concrete monument. The monuments are approximately 30 to 36 inches deep from the surface of the land or ground improvements and are generally located at the intersections of sidewalks adjacent to streets. Each such brass plug has stamped on it the following information: (1) The plug will have stamped on it the words "City Bench Mark—Do Not Disturb"; (2) In the center of the brass plug will be an "X" mark to show the center point of the monument; and (3) Adjacent to the "X" mark will be a number indicating the specific monument number. (b) Reference data. All of the monuments refer horizontally to the Mississippi Plane Coordinate System and vertically to the mean sea level datum from the United States Coast and Geodetic Survey monument system. (c) Availability of information to interested parties. A complete list of all monuments, with coordinates, elevations and location descriptions, will be kept on file with the city building official or his designated representative at the office of the planning commission of the city or at such other place designated by the planning commission. This information will be made available upon request to any interested party, including but not limited to land surveyors, engineers, planners, developers or any other party concerned with the location and accuracy of real property, as described both horizontally and vertically, in the city. (d) Use of monuments for establishment of boundaries and descriptions. From and after the passage of this section, the use of controlled survey monuments as defined in this section will be required for all official surveys conducted within the corporate limits of the city for the establishment of true boundaries and descriptions. All surveys filed with the planning commission, the development commission, the building official or any other department of the city must use for reference the controlled survey monuments as defined in this section. (e) Damaging monuments. It shall be unlawful for any person to deface, destroy or otherwise damage any controlled survey monument. (f) Penalty. Any person violating any of the terms and provisions of subsection (e) of this section shall be guilty of a misdemeanor, and upon conviction shall be fined in an amount not to exceed $300.00 or imprisoned in the city jail for a term not to exceed 60 days, or both. (Code 1959, § 6-7)

Biloxi Code of Ordinances § 5-1-10 Calling for inspections.

Sec. 5-1-10. - Calling for inspections. Upon completion of the work which has been authorized by issuance of any permit under this article, it shall be the duty of the contractor installing the work to notify the building official's office, which shall inspect the installation within 16 "working hours" (defined for purposes of this section as the hours between 7:30 a.m. and 4:30 p.m. on weekdays, excluding municipal holidays). All work must be left uncovered and convenient for examination until inspected and approved. (Ord. No. 1939, § 1(2), 11-28-00; Ord. No. 2027, § 5, 3-21-06; Ord. No. 2141, § 5, 1-5-10)

Biloxi Code of Ordinances § 5-1-11 Adoption of Swimming Pool and Spa Code.

Sec. 5-1-11. - Adoption of Swimming Pool and Spa Code. (a) Adoption. The International Swimming Pool and Spa Code, 2024 edition, as published by the International Code Council, Inc., as the swimming pool and spa code standards of the city, is hereby approved and adopted by the city and made part of this article. A copy of said International Swimming Pool and Spa Code is to be kept on file in the office of the community development department of the city as a permanent record. Such International Swimming Pool and Spa Code is hereby adopted fully as if set out at length herein, subject, however, to all amendments, deletions, and substitutions contained in the code, and subject further to inconsistent provisions contained in this code. (Ord. No. 2357, § 2, 4-24-18; Ord. No. 2449, § 2, 9-21-2021; Ord. No. 2583, § 2, 6-10-25)

Source: City of Biloxi, Mississippi, Code of Ordinances and Land Development Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/ms/biloxi/codes/code_of_ordinances?nodeId=COOR_CH5BU_ARTIINGEFetched: 11/1/2026