House Bill 1166

AN ACT TO AMEND SECTION 45-11-101, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL BUILDINGS WHICH ARE NOT LESS THAN SEVENTY-FIVE FEET IN HEIGHT TO HAVE CONSTRUCTION PLANS SUBMITTED AND REVIEWED FOR APPROVAL BY THE STATE FIRE MARSHAL'S OFFICE PRIOR TO CONSTRUCTION; AND FOR RELATED PURPOSES.

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

SECTION 1. 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~~ after July 1, * * *~~1978~~ 2025, and which are not less than seventy-five (75) feet in height * * *;

(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.

(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.

(3) (a) All buildings, the permits for the construction of which are issued after July 1, 2025, and which are not less than seventy-five (75) feet in height, shall, prior to construction, have their construction plans submitted and reviewed for approval by the State Fire Marshal's Office to ensure compliance with the State Uniform Construction Code and the Mississippi Fire Prevention Code, which shall be applicable to all aspects of construction for such buildings. The review and approval of the construction plans shall be performed by the State Fire Marshal, or by his or her accredited representatives, and the owners of the building under review shall pay a reasonable fee and charges incurred in construction plan review, including the expense of the State Fire Marshal, his or her representatives, architects, engineers, attorneys or other professional service organizations necessary to administer this section.

(b) The State Fire Marshal's Office may contract with professional service organizations, architects and engineers as needed to review all construction plans under its jurisdiction, and the professional service organization may directly bill the building owner under construction plan review. The State Fire Marshal shall monitor the charges for these professional services and verify that all costs are reasonable. If a building owner fails to pay these fees within thirty (30) days of billing, the State Fire Marshal, after notice and a hearing, is authorized to impose an administrative fine not to exceed One Thousand Dollars ($1,000.00) per day to be deposited into the "State General Fund."

(4) The State Fire Marshal is authorized and empowered to promulgate rules and regulations for the implementation and enforcement of this section.

(5) The State Fire Marshal shall have authority to enforce the requirements of the State Uniform Construction Code for buildings not less than seventy-five (75) feet in height in the same manner and with the same authority as provided for the Mississippi Fire Prevention Code in Sections 45-11-105, 45-11-109, and 45-11-111.

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.