House Bill 819

AN ACT TO REQUIRE THE REGISTRATION OF CERTAIN FIRE PROTECTION SPRINKLER CONTRACTORS; TO PROVIDE FOR THE ADMINISTRATION OF SUCH REGISTRATION BY THE STATE FIRE MARSHAL; TO ESTABLISH PENALTIES FOR VIOLATING THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. For the purposes of this act, the following words and phrases shall have the meanings ascribed to them in this section:

(a) "Fire protection sprinkler contractor" means an individual, partnership, corporation, association or joint venture engaged in the business of the installation, repair, alteration, addition, maintenance or inspection of fire protection sprinkler systems. This term does not include local building officials, fire inspectors or insurance inspectors when acting in their official capacity.

(b) "Registered fire protection sprinkler contractor" means a fire protection sprinkler contractor who has registered with the State Fire Marshal.

(c) "Fire protection sprinkler system" means a system of overhead piping designed in accordance with fire protection engineering standards that is supplied from a reliable, constant and sufficient water supply such as a gravity tank, fire pump, reservoir, pressure tank or connection by underground piping to a city main. The portion of the sprinkler system above ground shall be considered the fire protection sprinkler system for purposes of this act and is a network of specially sized or hydraulically designed piping installed in a building, structure or area, generally overhead, and to which sprinklers are connected in a systematic pattern. The system includes a controlling valve and device for activating an alarm when the system is in operation. The system is usually activated by heat and/or fire and discharges water over the fire area. Fire protection sprinkler systems shall include the following types: wet-pipe systems, dry-pipe systems, pre-action systems, deluge systems, combined dry-pipe and pre-action systems, antifreeze systems and circulating closed loop systems, each as defined and continuously revised in National Fire Protection Association Pamphlet 13, entitled "Standard for the Installation of Sprinkler Systems."

SECTION 2. The State Fire Marshal is authorized to promulgate rules and regulations necessary to carry out the purposes of this act.

SECTION 3. It is unlawful for any fire protection sprinkler contractor to engage in the planning, sale, installation, repair, alteration, addition, maintenance or inspection of a fire protection sprinkler system in this state except in conformity with this act.

SECTION 4. Any fire protection sprinkler contractor desiring to engage in the planning, sale, installation, repair, alteration, addition, maintenance or inspection of fire protection sprinkler systems in new construction projects that cost in excess of Fifty Thousand Dollars ($50,000.00) shall register with the State Fire Marshal on standard forms provided by the State Fire Marshal supplying all the required information on the person designated to be registered. A registration fee of One Hundred Dollars ($100.00) shall be paid when making the application.

SECTION 5. (1) The registration shall expire at midnight on each June 30. At least thirty (30) days before expiration, the fire protection sprinkler contractor must submit a renewal application for registration. A renewal fee of One Hundred Dollars ($100.00) must be submitted with the renewal application.

(2) Failure to renew the registration before the expiration shall cause the registration to be void as of the expiration date, and it shall be unlawful under this act for any fire protection sprinkler contractor to engage in planning, selling, installing, repairing, altering, adding, maintaining or inspecting a fire protection sprinkler system in new construction projects that cost in excess of Fifty Thousand Dollars ($50,000.00) without a valid registration.

SECTION 6. If shop drawings are required to be submitted and approved by any county or municipal governing authority, the state or any political subdivision of the state, the plans shall bear the registration numbers of the registered fire protection sprinkler contractor.

SECTION 7. This act also applies to any fire protection sprinkler contractor performing work for any county or municipal governing authority or the state. Officials of any county, municipality or the state are required to determine compliance with this act, if the provisions of this act meet the applicable building code, before awarding any contracts for the installation, repair, alteration, addition or inspection of a fire protection sprinkler system in new construction projects that cost in excess of Fifty Thousand Dollars ($50,000.00). Bids for such work shall be accompanied by a copy of a valid registration.

SECTION 8. All funds collected under this act shall be deposited to the credit of the State Fire Marshal's Fund, which is created in the State Treasury. The State Fire Marshal is authorized to expend monies in accordance with legislative appropriation from the State Fire Marshal's Fund for the administration and enforcement of this act.

SECTION 9. (1) The State Fire Marshal may issue and deliver an order to cease and desist to any individual, partnership, corporation, association or joint venture who he has reason to believe is or has been violating the provisions of this act or any rules and regulations promulgated hereunder. Whoever fails to comply with any order issued under this section shall be assessed an administrative fine as provided in Section 45-11-111.

(2) Violations of this act or any rules and regulations promulgated hereunder or failure to comply with an order to cease and desist shall also constitute cause for revocation of the registration.

SECTION 10. This act shall take effect and be in force from and after July 1, 2004.