House Bill 1289

AN ACT TO REQUIRE THE LICENSING OF BUSINESSES ENGAGED IN THE SALE, INSTALLATION, OR MAINTENANCE OF COMMERCIAL FIRE-EXTINGUISHING EQUIPMENT AND HOOD SYSTEMS FOR COOKING OPERATIONS; TO PROVIDE FOR THE ADMINISTRATION OF SUCH LICENSING BY THE STATE FIRE MARSHAL; TO MANDATE COMPLIANCE WITH THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS AND THE INTERNATIONAL FIRE CODE; TO AUTHORIZE THE STATE FIRE MARSHAL TO ESTABLISH RULES AND REGULATIONS FOR LICENSING; TO REQUIRE LICENSES BY JULY 1, 2025, FOR PERSONS, COMPANIES OR CORPORATIONS INVOLVED IN THESE ACTIVITIES, EXCLUDING THE SALES AND MAINTENANCE OF PORTABLE FIRE EXTINGUISHERS; TO ESTABLISH APPLICATION REQUIREMENTS INCLUDING CERTIFICATION OF COMPLIANCE AND PASSING A COMPETENCY TEST; TO AUTHORIZE THE STATE FIRE MARSHAL TO IMPOSE A LICENSE FEE NOT EXCEEDING $400 FOR ADMINISTRATION AND ENFORCEMENT; TO EMPOWER THE STATE FIRE MARSHAL TO ISSUE CEASE-AND-DESIST ORDERS FOR VIOLATIONS AND PRESCRIBE PENALTIES FOR NONCOMPLIANCE, INCLUDING LICENSE REVOCATION; AND FOR RELATED PURPOSES.

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

SECTION 1. In the interest of public safety, any person, company or corporation who engages in the sale, installation or maintenance of commercial fire-extinguishing equipment and hood systems for cooking operations shall comply with all appropriate standards of the National Fire Protection Association and the requirements of the International Fire Code as published by the International Code Council, as revised or amended.

SECTION 2. The State Fire Marshal shall promulgate such rules and regulations as are necessary to carry out the provisions and licensure requirements for all persons, companies or corporations engaged in the sale, installation or maintenance of commercial fire suppression systems for cooking operations.

SECTION 3. (1) After July 1, 2025, every person, company or corporation who engages in the sale, installation and maintenance of commercial fire-extinguishing equipment and hood systems for cooking operations within the State of Mississippi shall apply for and obtain a license from the State Fire Marshal before engaging in such activity. Activities related solely to the sales and maintenance of portable fire extinguishers are excluded from the provisions of this act.

(2) The applicant shall certify in the application to the State Fire Marshal that the applicant is able to comply with all requirements of the National Fire Protection Association Standards and International Fire Code, as may be revised or amended, as they relate to the installation, service and maintenance of commercial fire-extinguishing equipment and hood systems for cooking operations.

(3) A license shall be issued to persons, companies or corporations who have satisfactorily met the minimum experience requirements and completed and passed a competency test as established and administered by the State Fire Marshal.

(4) The State Fire Marshal shall administer this act and may set or charge the amount for the license fee as may be necessary for the administration and enforcement of this act. Such fee shall not exceed Four Hundred Dollars ($400.00).

SECTION 4. (1) The State Fire Marshal may issue and deliver an order to cease and desist to any persons, companies or corporations who he has reason to believe is or has been in violation of this act. Whoever fails to comply with any order issued under this section shall be subject to the penalties as prescribed in Section 45-11-111. Violation of this act or failure to comply with an order to cease and desist shall also constitute cause for revocation of the license.

(2) Any persons, companies or corporations that knowingly and willfully fail to obtain the applicable license under this act and who are required to obtain such license under this act and who may knowingly and willfully violate any provision of this act or any rules and regulations made hereafter with respect to the sale, installation or maintenance of commercial fire-extinguishing equipment and hood systems for cooking operations shall be subject to the penalties as prescribed in Section 45-11-111.

SECTION 5. This act shall take effect and be in force from and after July 1, 2025.