19 Miss. Code. R. 7-7.05 - Enforcement

7.05.1: Stipulations of Enforcement

A. Pursuant to Miss. Code § 45-11-105, the State Chief Deputy Fire Marshal or his State Deputy Fire Marshal or his duly authorized representative shall enforce the Mississippi Fire Prevention Code pertaining to the prevention, inspection or investigation of fires, whenever:

1. The State Chief Deputy Fire Marshal has probable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous, or hazardous;

2. Required to meet provisions of state agency license requirements;

3. A citizen reports an alleged violation;

4. The chief of a fire department or other law enforcement authority of any county or municipality reports an alleged violation.

B. The Mississippi Fire Prevention Code shall be enforced by the state and local Governments.

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

7.05.2: State Enforcement

A. The State Chief Deputy Fire Marshal or his State Deputy Fire Marshal or his duly authorized representative shall be charged with the enforcement of the Mississippi Fire Prevention Code in those areas in buildings specified in Miss. Code § 45-11-101(1)(a-c).

B. The Fire Code Enforcement and Inspection Division of the State Fire Marshal's Office shall carry out the duties and responsibilities of the Mississippi Fire Prevention Code in those areas in buildings specified in Miss. Code § 45-11-101(1)(a-c).

C. The State Chief Deputy Fire Marshal and Deputy Fire Marshals shall have the status and power of a law enforcement officer in performing their duties pertaining to the prevention, inspection, or investigation of fires under the Mississippi Fire Prevention Code, Miss. Code § 45-11-105.

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

7.05.3: Local Enforcement

A. Municipalities which have adopted a Fire Prevention Code not less stringent than the Mississippi Fire Prevention Code shall enforce the provisions of said codes in their respective jurisdictions, except for buildings owned by the State or state agencies.

B. Counties which have adopted a Fire Prevention Code not less stringent as the Mississippi Fire Prevention Code shall enforce the provision of said code in their respective jurisdictions, except for buildings owned by the state or state agencies.

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

7.05.4: Delegations of Inspections

A. The State Chief Deputy Fire Marshal may at his discretion designate qualified local fire prevention officials to perform inspections of buildings owned by the State of Mississippi or its political subdivisions. [Miss. Code § 45-11-105];

B. Local Fire Officials who meet the requirements for Special Local Inspectors as set forth in Rule 7.02.3 of this Regulation may be appointed at the discretion of the State Chief Deputy Fire Marshal. [Miss. Code § 45-11-105];

C. Local fire officials designated as Inspectors may be appointed by the State Chief Deputy Fire Marshal to conduct inspections of buildings owned by the State or State agencies shall submit copies of all inspection reports on forms provided by the State Fire Marshal's Office.

D. Implementation and enforcement of the Mississippi Fire Prevention Code, Miss. Code § 45-11-105, shall be the responsibility of the State Chief Deputy Fire Marshal or his State Deputy Fire Marshals.

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

7.05.5: Permit/Compliance Requirements

Permits are required for commercial places of Public Assembly as follows:

A. Permit/Compliance inspections are required for all buildings defined in Miss. Code § 45-11-101(a-f) pursuant to Miss. Code § 45-11-105(2).

1. All other buildings defined in Miss. Code § 45-11-101(1)(a-f) that are inspected by the State Fire Marshal's Office which are not buildings owned by the state or religious assemblies are subject to the inspection fees as provided in Miss. Code § 45-11-105(2).

2. Plan review fees for structures defined in Miss. Code § 45-11-101(1)(a-d) that authorized inspection fees shall be charged a minimum of $400.00 per plan review and for each inspection conducted by the State Fire Marshal's Office and shall be paid to the State Fire Marshal's Office pursuant to Miss. Code § 45-11-105(2).

3. Permit fees of not less than $400.00 which shall include but not be limited to:

a. Each on-site inspection;

b. Attorney fees;

c. Architect or engineer plan review fees;

d. Any other fees and reasonable and necessary travel expenses shall be assessed for each inspection conducted by the State Chief Deputy Fire Marshal or his State Deputy Fire Marshals, or his duly authorized representative, and shall be paid to the Office of the State Fire Marshal.

4. Inspection fees and expenses authorized under Miss. Code. § 45-11-105(2) shall not be assessed for the inspection of buildings owned by the State of Mississippi or religious or for inspections conducted by local fire departments or other local agencies with authority to conduct inspections under the "Special Local Inspector" designation

5. Permit/compliance for all structures and public displays as defined Miss. Code § 45-11-105(2) shall be filed on forms provided by the State Fire Marshal's Office.

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

7.05.6: Pyrotechnic Requirements.

Pyrotechnic applications for all structures and public displays as defined by Miss. Code § 45-13-11 shall be filed on forms provided by the State Fire Marshal.

A. Permit applications for pyrotechnic displays shall be filed with the Office of the State Fire Marshal and fees not less than $100.00 shall be assessed in Miss. Code § 45-11-105(2). Prior to the issuance of a permit, the following information is required for a state facility:

1. For outdoor and indoor fireworks displays, the pyrotechnics company must adhere to the National Fire Protection Association (NFPA) 1123 (Code for Fireworks Displays), NFPA 1126 (Standard for the Use of Pyrotechnics Before a Proximate Audience), and NFPA 160 (Standard for the Use of Flame Effects Before an Audience), as the same may be revised and amended.

a. Proof of insurance

b. Resume of pyrotechnic technician and their qualifications along with 3 references (last 3 shows)

c. Time and location of event

d. Copy of ATF permits

e. List of shots to be used and their effects

f. Information on storage before event

g. Information on cleanup and/or disposal after event

h. Layout of event with shot locations

i. Material Safety Data sheet

2. Companies providing fireworks/flame effects displays at locations other than state facilities must provide the following information:

a. Proof of insurance

b. List of pyrotechnic technicians and their qualifications

c. Notification of time and location of event

d. List of shots to be used

e. Information on storage before event

f. Information on cleanup and/or disposal after event

g. Layout of event with shot locations

h. Material Safety Data Sheet

i. Copy of ATF permits

3. Application for a permit must be submitted fifteen (15) days before event is to take place. An inspection of the event (pre-show) is to be conducted by the State Fire Marshal's Office before a permit is issued. A representative from the State Fire Marshal's Office must be present for the event.

4. Communication between the individual doing the firing (shooter) and all safety personnel (spotter) to ensure the public's safety.

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

7.05.7: Types of Permits

Temporary Permit/Compliance or Pyrotechnics permits shall be issued in compliance with these rules and regulations at the discretion of the State Fire Marshal or his duly authorized representative.

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

7.05.8: Fire Investigations

A. It shall be the duty of the State Chief Deputy Fire Marshal to investigate by himself or his deputy, fire occurring within the State as required by the Mississippi Fire Prevention Code, Miss. Code § 45-11-103, as set forth by 1.04 of the Standard Fire Prevention Code 1976 edition, as follows:

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

2. All buildings utilized for public assembly, except in any county or municipality has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code. [Miss. Code § 45-11-101(1)(b)]

B. It shall also be the duty of the State Chief Deputy Fire Marshal to investigate by himself or his deputy the origin of every fire occurring within the state as required by Miss. Code § 45-11-1, as follows:

1. To which his attention is called by the chief of the fire department; or,

2. Other enforcement officials of any county or municipality; or,

3. By any party in interest whenever, in his judgment, there be sufficient evidence or circumstances indicating that such fire may be of incendiary origin.

Notes

19 Miss. Code. R. 7-7.05

Miss. Code § 45-11-101, et seq.; § 45-13-11 and § 45-13-103 (Rev. 2023)

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