Senate Bill 2196

AN ACT TO AMEND SECTION 73-69-15, MISSISSIPPI CODE OF 1972, TO REVISE THE EXEMPTIONS FROM LICENSURE UNDER THE MISSISSIPPI ELECTRONIC PROTECTION LICENSING ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-69-15, Mississippi Code of 1972, is amended as follows:

73-69-15. (1) No person or company shall engage in alarm contracting without holding a current and valid license issued by the State Fire Marshal as provided in this chapter. However, this requirement for licensure shall not apply to:

(a) Any company or natural person licensed to perform electrical work by the Mississippi State Board of Contractors. This exception from licensure shall apply to the installation of wire, conduit, or other wire raceways, its associated boxes or fittings. This exception from licensure shall also apply to the employees of a company or natural person excepted by this paragraph, but only as to work performed by them on behalf of the excepted employer. Notwithstanding any other provisions of this chapter, no person licensed under this chapter may install primary power sources of sixty (60) volts or greater when such power source is being installed to operate low-voltage systems.

(b) Any company, qualifying agent or natural person licensed by the State Board of Contractors to perform both electrical work, and alarm systems, access systems and security systems work; and engaged in the business of designing, installing, modifying and maintaining (i) fire detection systems, (ii) video camera systems, and (iii) gate-control systems when such systems are located in industrial plants or material-handling facilities; and if such contractor or qualifying agent was licensed by the State Board of Contractors before July 1, 2014.

( * * *bc) Any owner, management company or public institution and such person's or entity's employees while such person or entity is designing, installing, inspecting, repairing, servicing, recoding, adjusting or testing closed-circuit television alarm systems on the premises of the owner or public institution during the normal course and scope of his duties.

( * * *cd) Any owner, management company or public institution and such person's or entity's employees while such person or entity is designing, installing, inspecting, repairing, servicing or testing a burglar alarm system only on the premises of the owner or public institution during the normal course and scope of his duties.

( * * *de) Any retailer that sells alarm systems as part of a multiproduct offering including any company and its affiliates, contractors, agents and employees that only sell alarm systems over the Internet or via a website, by telephone or in retail settings. This exception to licensure shall not apply to sales that take place door-to-door or physically inside or at or on a consumer's premises.

( * * *ef) Any retailer or installer of smoke alarm warning systems, or single-station heat detectors, sold and installed to detect or warn of smoke or fire and intended for use in a residential one- or two-family dwelling or wholly within the confines of an individual living unit in a residential multifamily structure.

( * * *fg) Any company, or its agents that monitor burglar alarm systems, intrusion detection systems, or electronic protection systems but that does not directly install such systems.

( * * *gh) Any professional engineer licensed by the Mississippi Board of Registration for Professional Engineers and Land Surveyors.

( * * *hi) Any owner, management company or public institution and such person's or entity's employees while such person or entity is designing, installing, inspecting, repairing, servicing, recoding, adjusting or testing telemedicine, store-and-forward telemedicine services, remote patient-monitoring services or mediation adherence-management services during the normal course and scope of his duties.

(2) No person or company shall aid, abet, facilitate or otherwise assist any unlicensed person or company in engaging in alarm contracting, including, but not limited to, the sale of an electronic protective system as defined in this chapter when such person or company knew or should have known that the person or company thus assisted was unlicensed.

(3) No person or company shall engage in alarm system contracting without holding a current and valid license issued by the State Fire Marshal as provided in this chapter. However, this requirement shall not apply to:

An officer or employee of the United States, this state, or any political subdivision of either, while engaged in the performance of his official duties within the course and scope of his employment with the United States, this state, or any political subdivision of either.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.