House Bill 1091

AN ACT TO REQUIRE CERTAIN DWELLING UNITS TO INSTALL FUEL GAS SENSOR DEVICES; TO DEFINE CERTAIN TERMS; TO PROVIDE THAT THE STATE FIRE MARSHALL SHALL PROVIDE ENFORCEMENT OF THE ACT; TO PROVIDE CERTAIN PENALTIES; AND FOR RELATED PURPOSES.

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

SECTION 1. As used under this act the following words and phrases shall mean:

(a) "Dwelling unit" means a room or a room or group of rooms within the following:

(i) Hotel as defined under Section 27-65-3.1; and

(ii) Apartment house as defined under Section 77-3-97.

(b) "Fuel gas sensor device" means a gas alarm or detector that bears the label of a nationally recognized testing laboratory, and has been tested and listed as complying with the most recent Underwriters Laboratories Standard 2075 for Gas and Vapor Detectors or Standard 1484 for Fuel Gas Alarms, or any successors thereto, unless superseded by rules adopted by the Commissioner of Community Affairs. The installation, location, and number of fuel gas sensor devices shall conform to the provisions of the current National Fire Protection Association (NFPA) 715, Standard for the Installation of Fuel Gases Detection and Warning Equipment, and any rules promulgated by the Commissioner of Community Affairs; provided, however, that such rules shall not exceed the requirements of NFPA 715 with respect to the number, placement, or other locational requirements of such devices.

SECTION 2. (1) Every dwelling unit shall be equipped with one or more fuel gas sensor devices unless it is determined that no potential hazard exists for a unit. Any such determination shall be made in accordance with the rules promulgated by the State Fire Marshall.

(2) Every dwelling space shall be subject to inspection by the State Fire Marshall. Upon the first inspection of a dwelling unit pursuant to this section, the State Fire Marshall shall require the installation of one or more fuel gas sensor devices within the dwelling unit if one is not present when inspected. Upon any subsequent inspection, the State Fire Marshall shall determine whether any existing fuel gas sensor devices within the dwelling unit require replacement due to age, battery life, or other functional deficiencies. Upon such a finding, the State Fire Marshall shall require the immediate repair or replacement of any deficient sensor devices.

SECTION 3. In any case where a dwelling unit is subject to a municipal ordinance requiring the issuance of a certificate of occupancy, certificate of inspection or other documentary certification of compliance with laws and regulations relating to the safety, healthfulness and upkeep of the premises, no such certificate shall issue until the officer or municipal agency responsible for its issuance has determined that:

(a) The dwelling unit is equipped with one or more fuel gas sensor devices; or

(b) That there is no need to equip the dwelling unit with a fuel gas sensor device because there is no potential for fuel gas hazard in the dwelling unit.

Any determination that may be made as prescribed under this subsection shall be made in accordance with rules adopted by the State Fire Marshall.

SECTION 4. An owner who sells, leases or otherwise permits occupancy of a dwelling unit without complying with the provisions of this act shall be subject to a fine of not more than One Hundred Dollars ($100.00), which may be collected and enforced by the State Fire Marshall.

SECTION 5. This act shall take effect and be in force from and after July 1, 2026.