19 Miss. Code. R. 7-7.09 - Appeals

7.09.1: Administrative Appeal to State Fire Marshal

A. Person(s) aggrieved by an order, decision, or determination of the State Fire Marshal's Office fire code official relative to the application and interpretation of the Mississippi Fire Prevention Code may make written demand upon the State Fire Marshal within ten (10) days of the order, decision or determination at issue, requesting a hearing before the State Fire Marshal to determine the reasonableness of the State Fire Marshal's action. The hearing shall be held before the State Fire Marshal, or his designated representative, within thirty (30) days from receipt of the written request for hearing. Hearings held pursuant to this paragraph shall be conducted in accordance with the provisions of Mississippi Administrative Code, Title 19, Part 1, Chapter 15 (Rules of Practice and Procedure before the Mississippi Insurance Department and State Fire Marshal's Office).

B. Hearings held pursuant to this paragraph shall be limited to claims that the true intent of the Mississippi Fire Prevention Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the code do not fully apply, or an equivalent or better form of construction is proposed.

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

7.09.2: Local Board of Adjustments and Appeals

A. Counties or municipalities having adopted a fire prevention code not less stringent than the Mississippi Fire Prevention Code shall appoint a local board of adjustments and appeals to hear grievances on orders issued by local fire officials, or implement such other administrative processes as may be determined by the local jurisdiction to provide meaningful administrative review.

B. The local board of adjustments and appeals shall not hear grievances on orders issued by the State Fire Marshal.

Notes

19 Miss. Code. R. 7-7.09

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

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