GENERALLY

Gulfport Code of Ordinances ch. 3, art. II, div. 1

in effect

Gulfport Code of Ordinances § 3-26 Adoption.

Sec. 3-26. - Adoption. (a) That certain document, one (1) copy of which is on file in the office of the Building Official of the City of Gulfport, being marked and designated as the International Building Code, 2018 edition, including Appendix Chapters A, B, D, E, F, G, I, J and K (see International Building Code Section 101.2.1, 2018 edition), as published by the International Code Council, be and is hereby adopted as the Building Code of the City of Gulfport, Mississippi, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and sue and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the resolutions, provisions, penalties, conditions and terms of said Building Code on file in the office of the Building Official of the City of Gulfport are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any prescribed in section 3-29 of this article. (b) Throughout the building code adopted in subsection (a), when reference is made to the duties of a certain official named therein, that designated official of the City of Gulfport who has duties corresponding to those of the named official in such code shall be deemed to be the responsible official insofar as enforcing the provisions of such code are concerned. (Code 1963, § 8-1; Ord. No. 1837, § 1, 5-2-89; Ord. No. 1919, §§ 1—3, 3-2-93; Ord. No. 1969, §§ 1, 3, 10-18-94; Ord. No. 2110, § 1, 11-5-97; Ord. No. 2490, § 1, 9-5-06; Ord. No. 2656, §§ 1, 3, 11-3-09; Ord. No. 2810, § 1, 12-2-14; Ord. No. 2956, § 1, 8-7-18)

Gulfport Code of Ordinances § 3-27 Chief appointing officer defined.

Sec. 3-27. - Chief appointing officer defined. The chief appointing authority referred to in the building code is hereby designated as the mayor with the confirmation of the city council. (Code 1963, § 8-2)

Gulfport Code of Ordinances § 3-28 Effect on zoning.

Sec. 3-28. - Effect on zoning. Nothing in this building code shall repeal or substitute for any zoning ordinance requiring more strict limitations in the location or use of properties; but all persons shall be required to observe the requirements of both such ordinances. (Code 1963, § 8-3)

Gulfport Code of Ordinances § 3-29 Amendments to building code.

Sec. 3-29. - Amendments to building code. That the following sections are hereby revised: Section 101.1. Insert: "City of Gulfport, Mississippi" Section 101.4.6 Delete in its entirety Section 103. Department of Building Safety. Delete in its entirety Section 107.3.4. After last paragraph in section, insert: "The design professional shall be an architect or engineer legally registered under the laws of Mississippi 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 5,000 sq ft (465 m 2 ) or more in area." Section 113.1. General. Delete "board of appeals" and insert in its place "Construction Board of Adjustment and Appeals (hereinafter "board of appeals")". Section 1612.3. Insert: "City of Gulfport, Mississippi" Section 1612.3. Insert: "June 16, 2009 and December 21, 2017" Chapter 13. Energy Efficiency. Delete in its entirety. (Code 1963, § 8-5; Ord. No. 2490, § 2, 9-5-06; Ord. No. 2656, §§ 2, 3, 11-3-09; Ord. No. 2810, § 2, 12-2-14; Ord. No. 2956, § 2, 8-7-18)

Gulfport Code of Ordinances § 3-30 Reserved.

Gulfport Code of Ordinances § 3-31 Schedule of permit fees.

Sec. 3-31. - Schedule of permit fees. (a) On all buildings, structures or alterations requiring a building permit, as set forth in section 103 of the building code, a fee shall be paid as required at the time of filing application, in accordance with the following schedule: Base fee. A base fee of thirty dollars ($30.00) for each permit plus permit fees listed below. $0.00—$500,000.00. Twenty-four dollars ($24.00) for the first one thousand dollars ($1,000.00) plus four dollars ($4.00) for each additional thousand or fraction thereof up to and including five hundred thousand dollars ($500,000.00). $500,001.00 and up. Two thousand twenty dollars ($2,020.00) for the first five hundred thousand dollars ($500,000.00) plus three dollars twenty cents ($3.20) for each additional thousand or fraction thereof. (b) For the moving of any building or structure, the fee shall be fifty dollars ($50.00). (c) For the demolition of any building or structure, the fee shall be twenty-five dollars ($25.00). (d) Where work for which a permit is required by this code is started or proceeded with prior to obtaining such permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. (e) One-half (½) of the building permit fee shall be paid to the building official at the time of submitting plans and specifications for checking, and the remaining one-half (½) of the building permit fee shall be paid to the building official at the time the building permit is issued. (f) The above charges to be in addition to fees which may be charged in connection with electrical or plumbing work or inspection thereof. (g) The above schedule of permit fees shall not duplicate the permits provided for under the comprehensive zoning ordinance of the city, and only one (1) permit shall be required under both the zoning ordinances and the building code of the city. (Code 1963, § 8-5; Ord. No. 2332, § 1, 9-12-02; Ord. No. 2486, §§ 2, 3, 8-22-06; Ord. No. 2667, § 2, 3-17-10)

Gulfport Code of Ordinances § 3-32 Moving of buildings or structures, restoration or refinishing of same.

Sec. 3-32. - Moving of buildings or structures, restoration or refinishing of same. (a) Application for permit. The owner and/or any person moving any building or structure to, from, or upon any lot or parcel of land within, outside, or into the city from outside the city limits, shall be required to file an application for the movement of same and with such application shall file detailed specifications setting forth the intention of such applicant with regard to restoring or refinishing of any such building or structure upon its new location within the city. The completion of such moving shall be accomplished within fifteen (15) days from the date of issuance of permit, or within such time as may be specified in the permit, and the restoring or refinishing of such building or structure shall be completed within the period of ninety (90) days from the date of issuance of such permit. The permit for the removal and relocation of such building shall be issued by the building official of the city, and the renovation shall be done in accordance with the zoning code, building code, plumbing code and electrical code of the city. Further, all required permits must be obtained by a licensed contractor. Provided, however, when a building or structure is to be moved outside the city limits, it shall not be necessary to file specifications as to restoring or refinishing the same. (b) Bond required. The owner and/or any person moving any building or structure within the city shall be required to post a bond with the director of finance and administration in the amount of six thousand dollars ($6,000.00), underwritten by a corporate surety bonding company duly licensed to do business in the state, or in lieu of such corporate surety bond, deposit a cash bond in such amount. The purpose of this bond shall be to insure compliance with the requirements of this section and to cover the cost of cleaning such property of all debris occasioned in moving and in completing the restoring or refinishing of the building or structure as required in subsection (a) of this section. Provided, however, when a building or structure is to be moved outside the city limits, the bond as herein provided shall be two thousand dollars ($2,000.00). Upon compliance with the provisions of this section, and the inspection and approval by the city's building official, the bond so posted shall be returned to the person posting same. (c) Failure of owner to restore or refinish building; demolition. In the event the owner and/or the person posting the bond as herein provided, fails to comply with the provisions of this section, upon recommendation of the city building official and the approval by the mayor and city council, the city may apply the bond proceeds toward removal of debris and restoration or refinishing of the building or structure. Provided, however, if the city building official determines that there are not sufficient funds from the bond so posted to complete restoration or refinishing of the building or structure then, in that event, upon his recommendation and the approval by the mayor and city council, and upon thirty (30) days' notice to the person posting the herein required bond, the city may cause the building or structure to be demolished with all costs taken from the bond proceeds. All additional costs over and above available funds from the bond shall be assessed against the property in the form and manner by law required and, any excess funds shall be refunded to the person posting the bond. (d) Notices. All notices required by this section shall be by certified mail. (Code 1963, § 23-4.1)

Gulfport Code of Ordinances § 3-33 Existing buildings code adopted.

Sec. 3-33. - Existing buildings code adopted. (a) That certain document, one (1) copy of which is on file in the office of the Building Official of the City of Gulfport, being marked and designated as the International Existing Building Code, 2018 edition, with Appendices B and C (See International Existing Building Code, Section 101.6, 2018 edition), as published by the International Code Council, be and is hereby adopted as the Existing Building Code of the City of Gulfport, Mississippi, for regulating and governing the repair, alteration, change of occupancy, addition, and relocation of existing buildings, including historic buildings in the City of Gulfport; and provide for the issuance of permits and collection of fees therefor; and each and all of the resolutions, provisions, penalties, conditions and terms of said Existing Building Code on file in the office of the Building Official of the City of Gulfport are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any prescribed in section 3-35 of this article. (b) Throughout the existing building code adopted in subsection (a), when reference is made to the duties of a certain official named therein, that designated official of the City of Gulfport who has duties corresponding to those of the named official in such code shall be deemed to be the responsible official insofar as enforcing the provisions of such code are concerned. Ord. No. 1840, § 1, 5-30-86; Ord. No. 1925, §§ 1—3, 3-2-93; Ord. No. 2621, § 3, 2-17-09; Ord. No. 2657, §§ 1, 3, 11-3-09; Ord. No. 2811, § 1, 12-2-14; Ord. No. 2958, § 1, 5-7-18)

Gulfport Code of Ordinances § 3-34 Standard for residential construction in high wind regions.

Sec. 3-34. - Standard for residential construction in high wind regions. (a) That certain document, one (1) copy of which is on file in the office of the Building Official of the City of Gulfport, being marked and designated as the ICC 600 (Standard for Residential Construction in High Wind Regions), 2014 edition, as published by the International Code Council, be and is hereby adopted as the high wind residential construction code of the City of Gulfport, Mississippi, for regulating and governing the design and construction of residential buildings in high-wind regions and to specify prescriptive methods to provide wind-resistant designs and construction details for residential buildings constructed in high-wind regions; and each and all of the resolutions, provisions, penalties, conditions and terms of said ICC 600 Code on file in the office of the Building Official of the City of Gulfport are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any prescribed in section (b) of this section. (b) That Ordinance No. 2818 of the City of Gulfport by which the City of Gulfport adopted the ICC 600 (Standard for Residential Construction in High-Wind Regions), 2008 edition, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. (Ord. No. 1977, §§ 1, 3, 10-18-94; Ord. No. 2818, §§ 1, 2, 12-2-14; Ord. No. 2968, § 1, 8-7-18)

Gulfport Code of Ordinances § 3-35 Amendments, revisions.

Sec. 3-35. - Amendments, revisions. That the following sections are hereby revised: Section 101.1. Insert: City of Gulfport Section 103. Department of Building Safety. Delete in its entirety Section 112.1. Means of Appeal. Delete "board of appeals" and insert in its place "Construction Board of Adjustment and Appeals (hereinafter "board of appeals")". (Ord. No. 2657, § 2, 11-3-09; Ord. No. 2811, § 2, 12-2-14; Ord. No. 2958, § 2, 5-7-18)

Gulfport Code of Ordinances § 3-36 Appeals/Meetings/Terms.

Sec. 3-36. - Appeals/Meetings/Terms. (a) Appeals from the construction board of appeals. Any person or any officer, department or agency of the city aggrieved by any decision of the construction board of appeals may within fifteen (15) days thereafter appeal therefrom to the city council by filing with the building official a written notice of appeal specifying the decision from which the appeal is taken. In case of such appeal, the construction board of appeals shall cause a transcript of the proceedings to the case to be certified to the city council, and the matter will be heard on said transcript and record, with such hearing to occur within sixty (60) days of receipt of the record and transcript(s) by the City Clerk. The city clerk shall coordinate the scheduling of this appeal with the city council through its clerk. Within seven (7) days after filing the notice of appeal, the city clerk shall estimate the cost of preparation of the record on appeal, including but not limited to the cost of the preparation of the transcript, and the appellant shall deposit that sum with the city clerk. The failure of the appellant to prepay the estimated cost of preparation for the record on appeal, including, but not limited to, the cost of preparation of the transcript, may result in dismissal of the appeal for failure to comply with this regulation. When the city clerk determines that dismissal may be warranted for failure to comply with this regulation, the city clerk shall give written notice to the party in default, apprising the party of the nature of the deficiency. if the party in default fails to correct the deficiency within seven (7) days after notification, the appeal shall be dismissed by the city clerk. The attorney or representative for the party in default has the burden to correct promptly any deficiency or to see that the default is corrected by the appropriate official. (b) Appeals from the city council. Appeals from any action of the city council shall be governed by any applicable statutes, regulations, or rules of the State of Mississippi or its courts. (c) Meetings. The construction board of appeals shall adopt policies and procedures which are necessary to carry out its duties and, therein, shall establish a meeting schedule which it shall follow. (d) Third alternate. In addition to the two alternates required by appendix B (B101.2.1) of the 2006 International Building Code, a third alternate, who meets the same qualifications as the two (2) required alternates, shall be appointed by the mayor and ratified by the city council. (Ord. No. 2777, § 2, 5-8-13)

Gulfport Code of Ordinances § 3-37 Waiver of fees for certain transportation construction projects.

Sec. 3-37. - Waiver of fees for certain transportation construction projects. Involving city property. Building and related permit fees, including, but not limited to, those fees associated with plan reviews and inspections made in accordance with the applicable building codes, shall be waived for those construction projects designed to provide for raised pedestrian passage across U.S. Highway 90 from the City of Gulfport's downtown area to property owned by the city. This waiver of fees, however, does not apply to any that are required under or in conjunction with the City of Gulfport's Tree Protection Ordinance. This waiver of fees does not waive the requirement for such projects to adhere to the city's governing or applicable codes and ordinances and to comply with all associated processes and requirements. (Ord. No. 3119, § 2, 3-8-22)

Gulfport Code of Ordinances § 3-38 Waiver of fees for certain urban renewal and/or economic development projects.

Sec. 3-38. - Waiver of fees for certain urban renewal and/or economic development projects. (a) Building and related permit fees, including, but not limited to, those fees associated with plan reviews and inspections made in accordance with the applicable building codes, shall be waived for those projects pursued under the applicable Urban Renewal Laws, Miss. Code Ann. § 43-35-1, et seq. and occurring on property owned by the City of Gulfport or its urban renewal agency and located within the city's eastern downtown area, which for purposes of this section is north of U. S. Highway 90, south of 15th Street, east of 23rd Avenue, and west of 20th Avenue. This waiver of fees, however, does not apply to any that are required under or in conjunction with the City of Gulfport's Tree Protection Ordinance. This waiver of fees does not waive the requirement for such projects to adhere to the city's governing or applicable codes and ordinances and to comply with all associated processes and requirements. (b) Building and related permit fees, including, but not limited to, those fees associated with plan reviews and inspections made in accordance with the applicable building codes, shall be waived for those projects with a total project cost of ten million dollars ($10,000,000.00) or more and located within a duly adopted and approved Urban Renewal Area in the City of Gulfport or with a total project cost of forty million dollars ($40,000,000.00) or more and located within the city limits of the City of Gulfport. This waiver of fees, however, does not apply to any that are required under or in conjunction with the City of Gulfport's Tree Protection Ordinance. This waiver of fees does not waive the requirement for such projects to adhere to the city's governing or applicable codes and ordinances and to comply with all associated processes and requirements. (Ord. No. 3233, § 2, 2-7-23; Ord. No. 3511, § 2, 9-2-25)

Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH3BU_ARTIIBUCO_DIV1GEFetched: 11/1/2026