19 Miss. Code. R. 7-7.02 - Definitions

7.02.1: Mississippi Fire Prevention Code - Miss. Code § 45-11-103.

A. Miss. Code § 45-11-103 states that the standards embodied in the Mississippi Fire Prevention Code shall be based upon and shall not be less stringent than the standards established by the standard fire prevention code as promulgated by the Southern Building Code Congress International, Inc., as the same may be revised or amended, and the provisions of the Mississippi Code. As of 1994, the Southern Building Code Congress International, Inc. became the International Code Council and the standard fire prevention code became the International Fire Code. Therefore, the Mississippi Fire Prevention Code shall be based upon the most current edition of the International Fire Code, as revised or amended.

B. The Mississippi Fire Prevention Code adopts the International Fire Code as published by International Code Council beginning with the 1976 Standard Fire Prevention Code (SBCCI) and Appendix A up to and including the most current edition of the International Fire Code as promulgated by the International Code Council as same may be revised or amended. The Mississippi Fire Prevention Code is also adopted for all counties and municipalities that do not adopt a distinct fire prevention code meeting the requirements of paragraph D. below. To the extent the International Building Code (IBC) and the International Residential Code (IRC) apply or impact application of the International Fire Code (IFC), the most recent and current version shall be utilized.

C. Miss. Code § 45-11-103 states that the State Fire Marshal shall have the authority to deviate from the minimum requirements of the International Fire Code and the Standard Fire Prevention Code when the imposition and enforcement of a specific requirement would violate any existing state statutory provision or cause undue hardship or when such deviation would enable builders to take advantage of new methods, materials or equipment which is of recognized adequacy.

D. Any county or municipality may adopt a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code listed above. The provisions and enforcement mechanism thereof shall apply and not the Mississippi Fire Prevention Code and as such the county or municipality will assume responsibility for local code enforcement for places of public assembly within their respective jurisdictions.

Source: Miss. Code § 45-11-101, et seq. (Rev. 2023)

7.02.2: State Fire Officials - Miss. Code § 45-11-1.

A. The inspection authority of the State Fire Marshal's Office is defined as follows:

1. The Commissioner of Insurance is by virtue of his office the State Fire Marshal.

2. The Commissioner of Insurance/State Fire Marshal shall appoint the State Chief Deputy Fire Marshal who shall serve as the fire official for the State of Mississippi as defined in the International Fire Code who along with his Deputy State Fire Marshals shall be designated as a Division of the Insurance Department.

3. The State Chief Deputy Fire Marshal shall serve as the Fire Official for the Mississippi Fire Prevention Code. The State Chief Deputy and his Deputy State Fire Marshals shall mean the inspecting and enforcing authority appointed by the State Fire Marshal.

4. "State Inspector" shall mean a duly authorized representative/inspector in the employ of the State Fire Marshal under the direction of the State Chief Deputy Fire Marshal.

5. "Special State Inspector" shall mean an authorized Inspector in the employ of other state agencies of the State of Mississippi who has met the requirements for appointment by the State Chief Deputy Fire Marshal as a "Special Local Inspector" pursuant to Rule 7.02.3 of these Regulations.

Source: Miss. Code § 45-11-101, et seq. (Rev. 2023)

7.02.3: Local Fire Official

A. The Local Fire Official is defined as the Fire Chief of a municipal or county paid or volunteer fire department.

B. "Special Local Inspector" shall mean an individual who has been approved by and recommended for appointment as a "Special Local Inspector" by the local Fire Chief or authorized official and applicable governing body, and who is appointed at the discretion of the State Chief Deputy Fire Marshal to conduct inspections of buildings owned by the State of Mississippi or its political subdivisions. "Special Local Inspectors" appointed under this rule are not entitled to receive additional compensation from the State Fire Marshal's Office for performing inspection duties under this section. The State Chief Deputy Fire Marshal may appoint such number of officers, inspectors, assistant and other employees as shall be authorized from time to time. A person shall not be appointed as a fire prevention inspector who has not had at least three (3) years experience with a fire department. Such experience shall include training on the inspections of premises. Other persons may be appointed subject to demonstrable training, certification or education subject to the approval of the State Chief Deputy Fire Marshal.

1. "Special Local Inspector" shall be issued an Official Identification Card by the State Chief Deputy Fire Marshal. Said identification card shall be issued with the understanding that said card shall be surrendered upon the demand of the State Chief Deputy Fire Marshal.

2. No badge or card bearing the name of the State Fire Marshal's Office shall be issued to or authorized for use by the "Special Local Inspector" except for the Official Identification Card issued by the State Chief Deputy Fire Marshal.

3. Inspections conducted by "Special Local Inspectors" for the State Fire Marshal's Office shall be limited to the inspections of building owned by state or state agencies or the inspections of any other building within their local jurisdiction upon the request by the State Chief Deputy Fire Marshal.

4. Inspections conducted by "Special Local Inspectors" for the State Fire Marshal's Office shall be completed on inspection forms issued by the State Fire Marshal's Office or on fire inspection forms used by the local fire department. Copies of all inspections shall be submitted no later than fifteen (15) days from the date of the inspection to the State Fire Marshal's Office for review and enforcement of all fire code violations.

5. "Special Local Inspectors" shall attend all mandatory training offered by the State Fire Marshal's Office.

Source: Miss. Code § 45-11-101, et seq. (Rev. 2023)

7.02.4: Buildings/Public Assemblies - Miss. Code § 45-11-101.

A. Buildings/Public Assemblies are defined pursuant to Miss. Code § 45-11-101 as:

1. All buildings owned by the State or State Agencies or political subdivisions. [Miss. Code § 45-11-101(1)(a)];

2. All buildings utilized for public assembly, except in any county or municipality which has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code. However, the State Fire Marshal or his authorized representative shall perform investigations or inspections of such building only when advised by interested persons of a danger or hazardous inflammable condition existing in any building that would tend to impair the safety of persons of property, or when the State Fire Marshal, or his authorized representative, believes the investigation or inspection is in the interest of public safety. The investigation or inspection shall be made in accordance with Miss. Code § 45-11-3, [Miss. Code § 45-11-101(1)(b)];

3. All buildings, the permits for the construction of which are issued subsequent to the effective date of Miss. Code §§ 45-11-101 through 45-11-111, and which are not less than seventy-five (75) feet in height. However, in any county or municipality which has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code, the provisions and enforcement mechanism thereof shall apply and not the Mississippi Fire Prevention Code., Miss. Code § 45-11-101(1)(c)];

4. All buildings, the permits for construction of which are issued subsequent to July 1, 2004, constructed as private correctional facilities that house state inmates. Before such construction, construction plans must be submitted for review and approval to the State Fire Marshal's Office to ensure compliance with the Mississippi Fire Prevention Code; however, in any county or municipality that has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code, the provision and enforcement mechanism thereof shall apply instead of the Mississippi Fire Prevention Code. All private correctional facilities may be inspected as required by the State Fire Marshal or his duly authorized representative. Inspection fees of $400.00 plus expenses authorized by Miss. Code § 45-11-105 (2) shall be assessed for each inspection conducted by the state Fire Marshal's Office and shall be paid to the State Fire Marshal's Office. [Miss. Code § 45-11-101(1)(d];

5. Any building, the permits for construction of which are issued subsequent to July 1, 2004, upon the request of any interested person. The interested person may submit the construction plans to the State Fire Marshal's Office for review and approval before construction to ensure compliance with the Mississippi Fire Prevention Code; however, in any county of municipality that has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code, the provisions and enforcement mechanism thereof shall apply instead of the Mississippi Fire Prevention Code. Inspection fees of $400.00 and expenses authorized by Miss. Code § 45-11-105 (2) shall be assessed for each inspection conducted by the State Fire Marshal's Office and shall be paid to the State Fire Marshal's Office. Miss. Code § 45-11-101(1)(e];

6. All buildings, the permits for construction of which are issued subsequent to July 1, 2005, constructed as private fraternity and sorority houses located on state property. Before such construction, construction plans shall be submitted for review and approval to the State Fire Marshal's Office to ensure compliance with the Mississippi Fire Prevention Code. All private fraternity and sorority houses located on state property may be inspected as required by the State Fire Marshal or his duly authorized representative. All fraternity and sorority houses located on state property shall be equipped with an approved fire alarm and smoke detector system to be in compliance with the National Fire Code (NFPA) Standard 72 as published by the National Fire Protection Association and as same may be revised or amended. All fraternity and sorority houses constructed on state property after April 29, 2005, shall be equipped with an approved automatic fire sprinkler system to be in compliance with the National Fire Code (NFPA) Standard 13 as published by the National Fire Protection Association and as same may be revised or amended. [Miss. Code § 45-11-101(1)(f)];

7. Assemblies as defined in Chapter 2 under Definitions of the most current edition of the International Fire Code (IFC).

8. The State Fire Marshal shall annually examine the fire prevention codes adopted by counties and municipalities within the State of Mississippi and prepare a list thereof specifying which codes have provisions not less stringent than those of the Mississippi Fire Prevention Code.

Source: Miss. Code § 45-11-101, et seq. (Rev. 2023)

7.02.5: Pyrotechnics - Miss. Code § 45-13-11.

Pyrotechnics/public displays as defined in Miss. Code § 45-13-11 as follows:

"The governing body of any municipality or the board of supervisors of any county outside a municipality may grant permits under which fireworks, the sale, possession or use of which is otherwise prohibited hereby, may be sold and used for exhibition purposes; however, such permit shall be issued in compliance with the National Fire Protection Association Standard 1123, as may be revised or amended; National Fire Protection Association Standard 1126, Standard for the Use of Pyrotechnics Before a Proximate Audience, as may be revised or amended; and the Mississippi Fire Prevention Code, as may be revised or amended. Such permits shall require that the persons in charge of such exhibitions shall be experienced in the handling of fireworks and the members of the public attending the exhibitions shall be kept at a safe distance there from. Any fireworks held in storage for such exhibitions shall be kept in a closed box until removed there from for firing."

Source: Miss. Code § 45-11-101, et seq., and § 45-13-11 (Rev. 2023)

7.02.6: Compliance/Permits.

A. Compliance applications are forms provided by the State Fire Marshal's Office for building inspections located outside the jurisdiction of counties or municipalities which have adopted a fire prevention code with standards not as stringent as the Mississippi Fire Prevention Code.

B. The Permit for buildings is to ensure that said buildings are in compliance with the Mississippi Fire Prevention Code.

C. The Permit for State Properties shall be issued once it has been determined that said State Properties are in compliance with the Mississippi Fire Prevention Code.

Notes

19 Miss. Code. R. 7-7.02

Miss. Code § 45-11-1, et seq. and § 45-13-11 (Rev. 2023)

Adopted 2/1/2017 Amended 1/1/2020 Amended 1/1/2025