Senate Bill 2871

AN ACT TO AMEND SECTION 73-69-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "ELECTRONIC PROTECTIVE SYSTEM" AS USED IN THE MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT TO INCLUDE A BATTERY-CHARGED SECURITY FENCE; TO DEFINE THE TERM "BATTERY-CHARGED SECURITY FENCE"; TO AMEND SECTION 73-69-27, MISSISSIPPI CODE OF 1972, TO PROHIBIT MUNICIPAL OR COUNTY ORDINANCES WHICH IMPOSE CERTAIN REQUIREMENTS RELATING TO THE INSTALLATION OR USE OF A BATTERY-CHARGED FENCE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-69-5, Mississippi Code of 1972, is amended as follows:

73-69-5. As used in this chapter, the following terms shall have the meanings specified in this section:

(a) "Alarm contracting" means providing an electronic protective system to another, including, but not limited to, the design, planning with the intent to pre-wire, pre-wiring, installation, maintenance, repair, testing, modification, improvement, alteration, inspection or servicing of an electronic protective system; holding * * * ~~oneself~~ one's self or one's company out for hire to perform any such task; or otherwise offering to perform any such task for compensation directly.

(b) "Alarm contracting company" means an entity that holds a Class A license issued by the State Fire Marshal pursuant to this chapter.

(c) "Alarm verification" means an attempt by a monitoring company or its representative to contact a burglar alarm location or a burglar alarm user by telephone or other electronic means to determine whether a burglar alarm signal is valid in an attempt to avoid unnecessary police response before requesting law enforcement to be dispatched to the location. Alarm verification further means that at least a second call shall be made to a different number if the first attempt fails to reach an alarm user. All persons licensed to monitor alarms in Mississippi shall employ alarm verification standards as defined in the latest version of ANSI/CSAA CS-V-01, for all burglar alarm signals except for hold-up alarms.

(d) "Board" means the Electronic Protection Advisory Licensing Board.

(e) "Burglar alarm" or "burglar alarm system" or "intrusion detection system" or "electronic protective system" means an alarm, alarm system or portion of such an alarm or system that is intended to detect or warn of an intrusion or other emergency in a structure. Such systems shall be certified per the latest version of ANSI/SIA CP01.

(f) "Company" means a proprietorship, partnership, corporation, limited liability company or any other entity.

(g) "Designated agent" means an owner or employee who holds a Class B license of an alarm contracting company who has been assigned the responsibility of submitting any notice required by this chapter to the State Fire Marshal.

(h) "Supervision" means direct on-site supervision by a qualified license holder for the duties being performed.

(i) "Electronic protective system" means a device or a series or assembly of interconnected devices which, when activated by automatic or manual means, produces an audible, visual or electronic signal intended to detect or warn of a threat to a structure or emergency to or from its occupants. This term shall include a battery-charged security fence, burglar alarm system, intrusion detection system, closed-circuit video system or electronic access control system, all as defined in this chapter, or a portion or combination of such alarms or systems. However, the term "electronic protective system" shall not include the following: (i) an alarm system installed in a motor vehicle; (ii) a burglar alarm system, or household fire-warning system sold at retail to an individual end user for self-installation; (iii) a single-station fire alarm system sold at retail to an individual end user for self-installation or installed by a fire department, the State Fire Marshal's Office, a public agency, a volunteer fire association or their designated representatives.

(j) "Employee" means a person who performs services for wages or salary.

(k) "Employer" means a person or entity who hires another to perform services for a wage or salary.

(l) "Individual license" means a Class B, C, D or H license issued by the State Fire Marshal pursuant to this chapter.

(m) "Licensee" means a person or entity to which a license is granted pursuant to this chapter.

(n) "Officer" means the president, vice president, secretary, treasurer, comptroller or any other person who performs functions for an alarm contracting company, corresponding to those performed by those officers.

(o) "Operating location" means a physical address that houses or maintains records of clients.

(p) "Person" means a natural person or individual.

(q) "Principal" means a person or entity that owns at least twenty percent (20%) of an alarm contracting company regardless of the form of organization.

(r) "Salesperson" means a person who solicits another on behalf of an alarm contracting company by door-to-door personal interaction, or a person who participates in the design, planning, specification or layout of an electronic protective system on behalf of an alarm contracting company.

(s) "Closed-circuit video system" means an electronic protective system that provides video surveillance of events, primarily by means of transmission, recording, or transmission and recording of visual signals through the use of cameras, receivers, monitors and other visual imaging systems.

(t) "Electronic access control system" means an electronic protective system that is powered by the building's primary power source and is used as a process to grant or deny an individual access to a specific area or object based upon their possession of an item (which requires a decoder), a code or physical characteristic (biometrics).

(u) "Smoke alarm" means a single- or multiple-station alarm responsive to smoke.

(v) "Single-station alarm" means a detector comprising an assembly that incorporates sensor, control components and an alarm notification appliance in one (1) unit operated from a power source either located in the unit or obtained at the point of installation.

(w) "Multiple-station alarm" means two (2) or more single-station alarm devices that can be interconnected so that actuation of one causes all integral or separate audible alarms to operate; or one (1) single-station alarm device having connections to other detectors or to a manual fire alarm box.

(x) "Heat detector" means a fire detector that detects either abnormally high temperature or rate-of-temperature rise, or both.

(y) "Battery-charged security fence" means an alarm system and ancillary components, or equipment attached to such a system, including, but not limited to, a fence, a battery-operated energizer which is intended to periodically deliver voltage impulses to the fence connected to it, and a battery-charging device used exclusively to charge the battery. The battery-charged security fence shall meet all the following requirements:

(i) Interfaces with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business and/or law enforcement in response to an intrusion or burglary;

(ii) Is located on property that is not designated by a municipality or county exclusively for residential use;

(iii) Has an energizer that is powered by a commercial storage battery that is not more than twelve (12) volts of direct current;

(iv) Has an energizer that meets the standards set forth by the International Electrotechnical Commission Standard 60335-2-76, current edition;

(v) Is surrounded by a nonelectric perimeter fence or wall that is not less than five (5) feet in height;

(vi) Does not exceed ten (10) feet in height or two (2) feet higher than the nonelectric perimeter fence or wall described in subparagraph (v) of this paragraph, whichever is higher;

(vii) Is marked with conspicuous warning signs that are located on the Battery-charged security fence at not more than 30-foot intervals and that read: "WARNING — ELECTRIC FENCE."

SECTION 2. Section 73-69-27, Mississippi Code of 1972, is amended as follows:

73-69-27. (1) Except for requirements which pertain to all types of businesses generally, no county or municipality shall enact any new ordinance, rule or regulation regulating companies and persons subject to licensure pursuant to this chapter.

(2) This chapter shall supersede any existing county or municipal ordinance, rule or regulation requiring certification or licensure of companies and persons engaged in alarm contracting, and such ordinances, rules and regulations shall be null, void and of no effect.

(3) Additionally, this chapter shall supersede any existing county or municipal ordinance, rule or regulation requiring certification or licensure of companies and persons engaged in alarm contracting, battery-charged security fence contracting, closed-circuit video system contracting or electronic access control system contracting and such ordinances, rules and regulations shall be null, void and of no effect.

(4) Notwithstanding any other law, a municipality or county may not adopt or enforce an ordinance, order or regulation that:

(a) Requires a permit or fee for the installation or use of a battery-charged security fence that is in addition to an alarm system permit issued by the municipality or county; no further permit or fee shall be required for the battery-charged fence;

(b) Imposes installation or operational requirements for the battery-charged security fence that are inconsistent with the requirements and standards described in Section 73-69-5(y); or

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.