MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Universities and Colleges; Appropriations
By: Representative Taylor
AN ACT TO CREATE "THE JOHN MCGEE ACT" TO REQUIRE PUBLIC POST SECONDARY INSTITUTIONS TO INSTALL CARBON MONOXIDE DETECTORS IN EACH AREA WITHIN, OR GIVING ACCESS TO, BEDROOMS IN EACH UNIT IN ANY BUILDING OF MULTIFAMILY OCCUPANCY, FRATERNITY HOUSE, SORORITY HOUSE OR DORMITORY THAT IS AFFILIATED WITH AN EDUCATIONAL FACILITY UNDER THE CONTROL OF SAID POSTSECONDARY INSTITUTION; TO DEFINE CERTAIN TERMS USED IN THE ACT; TO SPECIFY HOW EACH CARBON MONOXIDE DETECTOR SHALL BE POWERED; TO REQUIRE POSTSECONDARY INSTITUTION TO PROVIDE AN APPROVED CARBON MONOXIDE DETECTOR SUITABLE TO WARN STUDENTS WHO ARE DEAF OR HEARING-IMPAIRED UPON THE STUDENTS' REQUEST FOR SUCH DEVICE; TO REQUIRE THE INSTALLATION OF CARBON MONOXIDE DETECTORS IN EACH NEWLY CONSTRUCTED FRATERNITY HOUSE, SORORITY HOUSE, DORMITORY OR CERTAIN EDUCATIONAL FACILITIES; TO AUTHORIZE THE COMMISSIONER OF INSURANCE OR THE STATE FIRE MARSHAL, AS THE COMMISSIONER'S DESIGNEE, TO ADOPT RULES PERTAINING TO CARBON MONOXIDE DETECTORS; TO PRESCRIBE CIVIL PENALTIES FOR VIOLATIONS; TO PROHIBIT THE KNOWING INTERFERENCE WITH A CARBON MONOXIDE DETECTOR THAT RENDERS THE DEVICE INOPERABLE; TO EXEMPT CERTAIN EDUCATIONAL FACILITIES THAT MEET THE STANDARDS FOR THE INSTALLATION OF CARBON MONOXIDE DETECTION AND WARNING EQUIPMENT ADOPTED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; TO AMEND SECTION 45-11-101, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as "The John McGee Act."
SECTION 2. (1) As used in this section, the following terms shall have the meanings ascribed in this section, unless the context clearly indicates otherwise:
(a) "Carbon monoxide detector" means a device with an assembly that incorporates a sensor control component and an alarm notification that detects elevations in carbon monoxide levels and sounds a warning alarm and is approved or listed for the purpose by a nationally recognized independent testing laboratory.
(b) "Educational facility" means a public postsecondary institution facility under the governance and oversight of the Board of Trustees of State Institutions of Higher Learning or the Mississippi Community College Board.
(c) "Powered by the electrical service" means either plugged into an electrical outlet or hardwired.
(2) Each public postsecondary institution shall install, or cause to be installed, at least one (1) approved carbon monoxide detector in each area within, or giving access to, bedrooms in each unit in any building of multifamily occupancy, fraternity house, sorority house or dormitory that is affiliated with an educational facility. The carbon monoxide detector must be powered by:
(a) Both the electrical service in the building and a battery;
(b) A nonreplaceable ten-year battery; or
(c) A replaceable battery if the carbon monoxide detector uses a low-power radio frequency wireless communication signal, uses multiple sensors, has low-frequency audible notification capability or is connected to a control panel.
(3) Each public postsecondary institution, upon the request of a student who is deaf or has a hearing-impairment, shall provide an approved carbon monoxide detector suitable to warn the student within the educational facility as defined under subsection (1) of this section, fraternity or sorority house or dormitory under its control. If the postsecondary institution does not provide a suitable carbon monoxide detector, to the student for his or her dormitory room, the student may purchase, install and maintain a suitable carbon monoxide detector or arrange for proper installation and maintenance of a suitable carbon monoxide detector and may submit an invoice for reimbursement of the actual costs of purchase and/or installation of the carbon monoxide detector.
(4) Any public postsecondary institution that constructs any fraternity house, sorority house, dormitory or educational facility on or after July 1, 2018, that is affiliated with the institution shall install or cause to be installed at least one (1) carbon monoxide detector in each area within, or giving access to bedrooms in each unit.
(5) The Commissioner of Insurance or the State Fire Marshal, as the commissioner's designee, shall adopt rules pertaining to carbon monoxide detectors. The rules adopted must include, but are not limited to, standards for approved carbon monoxide detectors and all requirements of use, maintenance and installation.
(6) Any postsecondary institution that violates this section shall be guilty of a civil violation and is subject to a fine of not more than Five Hundred Dollars ($500.00) for each violation. The court may waive any penalty or cost against any violator upon satisfactory proof that the violation was corrected within ten (10) days of the issuance of a complaint.
(7) A person shall not knowingly interfere with or make inoperative any carbon monoxide detector required by this section, except that the public postsecondary institution or an employee of the institutions physical plant or facilities maintenance may temporarily disconnect a carbon monoxide detector in a fraternity house, sorority house, dormitory or common area only for construction or rehabilitation activities when such activities are likely to activate the carbon monoxide detector or make it inactive. The carbon monoxide detector must be immediately reconnected at the cessation of construction or rehabilitation activities each day, regardless of the intent to return to construction or rehabilitation activities on succeeding days.
(8) Each public postsecondary institution shall install, or cause to be installed, by the manufacturer's requirements at least one (1) approved carbon monoxide detector in each building of the educational facility that is used for educational purposes by at least six (6) persons for at least four (4) hours per day or more than twelve (12) hours per week.
(9) (a) A dormitory or other building of an educational facility is exempt from the requirements of this section if the dormitory or other building meets the standards for the installation of carbon monoxide detection and warning equipment adopted by the National Fire Protection Association.
(b) Public postsecondary institutions, for each dormitory or other building that is not exempt from the requirements of paragraph (a) of this subsection, shall begin installation of carbon monoxide detectors as required by this section by August 1, 2018, and shall achieve full compliance by January 1, 2021.
SECTION 3. Section 45-11-101, Mississippi Code of 1972, is amended as follows:
45-11-101. (1) The State Fire Marshal shall promulgate the Mississippi Fire Prevention Code which shall apply to:
(a) All buildings owned by the state or state agencies;
(b) All buildings utilized for public assembly, except in any county or municipality which has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code; however, the State Fire Marshal or his authorized representative shall perform investigations or inspections of such buildings only when advised by interested persons of a danger or hazardous inflammable condition existing in any building that would tend to impair the safety of persons or property, or when the State Fire Marshal or his authorized representative believes the investigation or inspection is in the interest of public safety. The investigation or inspection shall be made in accordance with Section 45-11-3;
(c)
All buildings, the permits for the construction of which are issued subsequent
to July 1, 1978, and which are not less than seventy-five (75) feet in height * * *. However, * * * in any county or municipality which has
adopted a fire prevention code with standards not less stringent than the
Mississippi Fire Prevention Code, the provisions and enforcement mechanism
thereof shall apply and not the Mississippi Fire Prevention Code;
(d)
All buildings, the permits for construction of which are issued subsequent to
July 1, 2004, constructed as private correctional facilities that house state
inmates. Before such construction, construction plans must be submitted for
review and approval to the State Fire Marshal's office to ensure compliance
with the Mississippi Fire Prevention Code * * *. However, in any county or
municipality that has adopted a fire prevention code with standards not less
stringent than the Mississippi Fire Prevention Code, the provisions and
enforcement mechanism thereof shall apply instead of the Mississippi Fire
Prevention Code. All private correctional facilities may be inspected as
required by the State Fire Marshal or his duly authorized representative.
Inspection fees and expenses authorized by Section 45-11-105(2) shall be
assessed for each inspection conducted by the State Fire Marshal's office and
shall be paid to the State Fire Marshal's office;
(e)
Any buildings, the permits for construction of which are issued subsequent to
July 1, 2004, upon the request of any interested person. The interested person
may submit the construction plans to the State Fire Marshal's office for review
and approval before construction to ensure compliance with the Mississippi Fire
Prevention Code * * *.
However, in any county or municipality that has adopted a fire prevention code
with standards not less stringent than the Mississippi Fire Prevention Code,
the provisions and enforcement mechanism thereof shall apply instead of the
Mississippi Fire Prevention Code. Inspection fees and expenses authorized by
Section 45-11-105(2) shall be assessed for each inspection conducted by the
State Fire Marshal's office and shall be paid to the State Fire Marshal's
office;
(f) All buildings, the permits for construction of which are issued subsequent to July 1, 2005, constructed as private fraternity and sorority houses located on state property. Before such construction, construction plans shall be submitted for review and approval to the State Fire Marshal's office to ensure compliance with the Mississippi Fire Prevention Code. All private fraternity and sorority houses located on state property may be inspected as required by the State Fire Marshal or his duly authorized representative. All fraternity and sorority houses located on state property shall be equipped with an approved fire alarm and smoke detector system to be in compliance with the National Fire Code (NFPA) Standard 72 as published by the National Fire Protection Association and as same may be revised or amended. All fraternity and sorority houses constructed on state property after April 20, 2005, shall be equipped with an approved automatic fire sprinkler system to be in compliance with the National Fire Code (NFPA) Standard 13 as published by the National Fire Protection Association and as same may be revised or amended. All fraternity and sorority houses located on state property shall be equipped with an approved carbon monoxide detector.
(2) The State Fire Marshal shall annually examine the fire prevention codes adopted by counties and municipalities within the State of Mississippi and prepare a list thereof specifying which codes have provisions not less stringent than those of the Mississippi Fire Prevention Code.
SECTION 4. This act shall take effect and be in force from and after July 1, 2018.