MISSISSIPPI
RULES AND REGULATIONS
FOR
MISSISSIPPI FIRE PREVENTION CODE
AS ADOPTED, PURSUANT TO THE
ADMINISTRATIVE PROCEDURES ACT,
SECTION 25-41-1, MS CODE, 1972, ANNOTATED
MONDAY, AUGUST 17, 1992
 
GEORGE DALE
COMMISSIONER OF INSURANCE
AND STATE FIRE MARSHAL
 
MILLARD D. MACKEY
STATE CHIEF DEPUTY FIRE MARSHAL
 
STATE FIRE MARSHAL'S OFFICE
P.O. BOX 22542
JACKSON, MS 39225-2542
TELEPHONE NUMBER (601) 359-1061
FAX NUMBER (601) 359-1370
PRINTED MAY, 1995
 
 
 
 
TABLE OF CONTENTS
RULES AND REGULATIONS
MISSISSIPPI FIRE PREVENTION
 
 

I. PROMULGATION AND PURPOSE                                                     1
Section 100 - General .                                                                             1

II. DEFINITIONS                                                                                      1
Section 200 - Code Document - Section 45-11-103,
Mississippi Code                                                                                       1
Section 201 - State Fire Officials                                                               2
Section 202 - Local Fire Officials                                                              2
Section 203 - Buildings and Public Assemblies                                         3
Section 204 - Permits                                                                                 4

III. APPLICABILITY                                                                                 4
Section 300 - Scope                                                                                   4

IV. HIGH RISE BUILDINGS: SPRINKLER SYSTEMS AND
PLAN REVIEW                                                                                         5
Section 400 - Sprinkler Systems                                                                5
Section 401 - Plan Review                                                                        5

V. ENFORCEMENT                                                                                 6
Section 500 - Stipulations of Enforcement                                                6
Section 501 - State Enforcement                                                               6
Section 502 - Local Enforcement                                                              7
Section 503 - Delegation of Inspections                                                    7
Section 504 - Permit Requirements                                                           7
Section 505-Types of Permits                                                                   9
Section 506 - Fire Investigations                                                               9

VI. ANNUAL REPORTING                                                                     10
Section 600 - Local Fire Codes                                                                10

VII. ALTERNATE SYSTEMS                                                                 10
Section 700 - Minimum Requirements                                                      10

VIII. CODE REVISIONS                                                                           11
Section 800 - Updating of Code                                                                 11

IX. APPEALS                                                                                             11
Section 900 - Board of Adjustments and Appeals                                       11
Section 901 - State Board of Adjustments and Appeals                              11
Section 902 - Local Board of Adjustments and Appeals                             11

X. PUBLIC ASSEMBLIES                                                                        12
Section 1000 Inspection of Exits                                                                12
Section 1001 Announcements                                                                    12
Section 1002  Records                                                                              12

X1. PENALTIES                                                                                        13
Section 1100 - Code Violation                                                                   13
Section 1101 - Criminal Violation                                                             13

 

 
STATE LAWS
SECTION 45-11-101 THROUGH 45-11-111,
MISSISSIPPI CODE, 1972
MISSISSIPPI FIRE PREVENTION CODE
AS AMENDED EFFECTIVE JULY 1, 1992 BY HB 860

45-11-101. Promulgation; buildings to which code applies;
examination of local fire prevention codes                                                                 14

45-11-103. Standards; deviation from standards; automatic
sprinkler systems                                                                                                        15

45-11-105. Enforcement of code; rules and regulations                                             16

45-11-107. Application of Sections 45-11-101 to 45-11-111                                   16

45-11-109. Actions or proceedings to remedy prohibited acts                                  17

45-11 -111. Penalties                                                                                                17
 
 
 

 Revised effective July 1, 1992:

The Rules and Regulations for the Mississippi Fire Prevention Code, Section 45-11-101 through 45-11-111, Mississippi Code, 1972 Annotated, require revisions based on House Bill 860 passed by the 1992 Mississippi Legislature.

1. PROMULGATION AND PURPOSE

Section 100 - General

A. These Rules and Regulations for The Mississippi Fire Prevention Code are promulgated by the State Fire Marshal of the State of Mississippi in accordance with the Standard Fire Prevention Code as published by the Southern Building Code Congress International, Birmingham, Alabama, and the Mississippi Administrative Procedures Act, Section 2543-1, et seq, Mississippi Code of 1972, as Amended, and shall become effective after adopted and promulgated in accordance with the provisions of the Mississippi Administrative Procedures Act as provided in Section 25431, et seq, Mississippi Code, 1972.

B. The purpose of these Rules and Regulations is to prevent the loss of life and property from fire and other related hazards through direct action and implementation, interpretation, and enforcement of the Mississippi Fire Prevention Code.

H. DEFINITIONS

Section 200 - Code Document - Section 45-11-103 MS Code

A. The Mississippi Fire Prevention Code shall be based upon and shall be not less stringent than the standards established by the Standard Fire Prevention Code as published by the Southern Building Code Congress International, Birmingham, Alabama beginning with the 1976 edition up to and including the 1994 edition and Appendix A and as the same may be revised or amended.

B. Any local government adopting the Standard Fire Prevention Code published by the Southern Building Code Congress International beginning with the 1976 edition up to and including the 1994 edition and Appendix A win be regarded by the State Fire Marshal as being in full compliance with these Rules and Regulations of the Mississippi Fire Prevention Code and as such will assume responsibility for local code enforcement for places of public assembly within the inspected jurisdictions. Editions of the Standard Fire Prevention Code recognized by the State Fire Mm" include: 1976,1979, 1982,1985,1988,1991,1994, and as the same maybe revised or amended.

C. The State Fire Marshal shall have the authority to deviate from the minimum requirements of such Standard Fire Prevention Code when the imposition and enforcement of a specific requirement would cause undue hardship or when such deviation would enable builders to take advantage of new methods, materials or equipment which is of recognized adequacy.

Section 201 - State Fire Officials

D. The inspection authority of the State Fire Marshal's Office is defined as follows:

1 . The Commissioner of Insurance is by virtue of his office the State Fire Marshal.

2. The Commissioner of Insurance/State Fire Marshal shall appoint the State Chief Deputy Fire Marshal who along with his State Deputy Fire Marshal's shall be designated as a division of the Insurance Department.

3. The State Chief Deputy Fire Marshal and State Deputy Fire Marshals shall mean the inspecting and enforcing authority appointed by the State Fire Marshal.

4. "State Inspector" shall mean an authorized Inspector in the employ of the State Fire Marshal under the direction of the State Chief Deputy Fire Marshal.

5. "Special State Inspector" shall mean an authorized Inspector in the employ of other State or County Agencies of the State of Mississippi who has met the requirements of Section A101.4.2 "Inspector Qualifications" as set forth in Appendix A of the 1991 Edition of the Standard Fire Prevention Code and may be appointed at the discretion of the State Chief Deputy Fire Marshal to conduct inspections of buildings owned by the State of Mississippi or its political subdivisions. "Special State Inspectors" appointed under Section 201 -D-5 are not entitled to receive additional compensation from the State Fire Marshal's Office for performing inspection duties under this section.

Section 202 - Local Fire Official

E. The Local Fire Official is defined as a member of a county or municipal paid or volunteer fire department.

F. "Duly Authorized Representative" shall mean "Special Local Inspector" who has met the requirements of Section A101.4.2 of the 1991 Edition of the Standard Fire Prevention Code and may be appointed at the discretion of the State Chief Deputy Fire Marshal to conduct inspections of buildings owned by the State of Mississippi or its political subdivisions. "Special Local Inspectors" appointed under Section 202 to receive additional compensation from the State Fire Marshal's Office for performing inspection dudes under this section.

Section 203 - Buildings and Public Assemblies

G. Buildings or Public Assemblies are defined as:

1. All buildings owned by the State or State Agencies or political subdivisions, Section 45-11- 101 (a), Mississippi Code, 1972, Annotated;

2. All buildings utilized for public assembly, except in any county or municipality which has adopted a fire prevention code with standards not less strident than the Mississippi Fire Prevention Code, Section 45-11- 101 (b), Mississippi Code, 1972, Annotated;

3. All buildings, the permits for the construction of which are issued subsequent to the effective date of Sections 45-11- 101 through 45-11-111 and which are not less than seventy-five (75) feet in height; provided, however, that 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, Section 45-11 - 101 (c), Mississippi Code, 1972, Annotated;

4. Large Public Assembly (A- 1, 1991 Edition, Standard Fire Prevention Code) shall include theaters and places of assembly having a capacity of 1000 or more persons. Also, Large Assemblies shall include theaters and places of assembly having a wording stage and having a capacity of 700 or more persons except in any county or municipality which has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code:

5. Small Public Assembly (A-2, 1991 Edition, Standard Fire Prevention Code) shall include theaters and places of public assembly with or without a legitimate stage having a capacity of 100 or more persons but having a capacity less than designated for Large 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;

3. Whenever a citizen reports an alleged violation.

4. Whenever the chief of a fire department or other law enforcement authority of any county or municipality reports an alleged violation.

B. The Mississippi Fire Prevention Code shall be enforced on the state and local levels of government as defined under Sections 501 and 502.

Section 501 - State Enforcement

A. The State Chief Deputy Fire Marshal or his State Deputy Fire Marshal or his duly authorized representative shall be charged with the enforcement of the Mississippi Fire Prevention Code in those areas in buildings specified in Section 45-11- 101, (a), (b), and (c) Mississippi Code, 1972, Annotated.

B. The Fire Code Enforcement and Inspection Division of the State Fire Marshal's Office shall carry out the duties and responsibilities of the Mississippi Fire Prevention Code in those areas in buildings specified in Section45-1 I - 101, (a), (b) and (c) Mississippi Code, 1972, Annotated.

C. The State Chief Deputy Fire Marshal and State Deputy Fire Marshals shall have the status and power of a law enforcement officer in performing their duties pertaining to the prevention, inspection, or investigation of fires under the Mississippi Fire Prevention Code, Section 45-11-105, Mississippi Code, 1972, Annotated.

Section 502 - Local Enforcement

A. Municipalities which have adopted a Fire Prevention Code not less stringent than the Mississippi Fire Prevention Code shall enforce the provisions of said codes in their respective jurisdictions, except for buildings owned by the State or State Agencies.

B. Counties which have adopted afire prevention code not less stringent than the Mississippi Fire Prevention Co & shall enforce the provision of said code in their respective jurisdictions, except for buildings owned by the State or State Agencies.

Section 503 - Delegation of Inspections

A. The State Chief Deputy Fire Marshal may at his discretion designate qualified local fire prevention officials to perform inspections of buildings owned by the State of Mississippi or its political subdivisions, Section 45-11-105, Mississippi Code, 1972, Annotated.

B. Local Fire Officials, who meet the requirements of Section A 101.4.2 "Inspector Qualifications" as set forth in Appendix A of the 1991 Edition of the Standard Fire Prevention Code, may be appointed at the discretion of the State Chief Deputy Fire Marshal, Section 45-11-105, Mississippi Code, 1972. Annotated.

C. Local fire officials, designated as Inspectors by the State Chief Deputy Fire Marshal to conduct inspections of buildings owned by the State or State Agencies shall submit copies of all inspection reports on forms provided by the State Fire Marshal's Office.

D. Implementation and enforcement of the Mississippi Fire Prevention Code as provided by Section 45-11-105 of the Mississippi Code, 1972, Annotated, shall be the responsibility of the State Chief Deputy Fire Marshal or his State Deputy Fire Marshals.

Section 504 - Permit Requirements

E. Permits are required for commercial places of Public Assembly as follows:

Permits are required for commercial places of public assembly as defined in Section 203-Buildings and Public Assemblies of these Rules and Regulations, except in any county or municipality which has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code, Mississippi Code, 1972, Annotated, as amended effective July 1, 1992.

a. Large Public Assembly (A-1, 1991 Edition, Standard Fire Prevention Code) shall include theaters and places of assembly having a capacity of 1000 or more persons. Also, Large Assemblies shall include theaters and places of assembly having a working stage and having a capacity of 700 or more persons except in any county or municipality which has adopted a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code;

b. Small Public Assembly (A-2,1991 Edition, Standard Fire Prevention Code) shall include theaters and places of public assembly with or without a legitimate stage having a capacity of 100 or more persons but having a capacity less than designated for Large 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.

2. The State Fire Marshal shall establish permit requirements for commercial places of 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, Mississippi Code, 1972, Annotated, as amended effective July 1, 1992.

3. Permit applications for commercial places of public assembly shall be filed on forms provided by the State Fire Marshal.

4. Permit fees of not less than one hundred dollars ($ 100.00) which shall include but not be limited to: (a) each on-site inspection; (b) attorney fees; (c) architect or engineer plan review fees; (d) any other fees; and reasonable and necessary travel expenses shall be assessed for each inspection conducted by the State Chief Deputy Fire Marshal or his State Deputy Fire Marshals or his duly authorized representative and shall be paid to the Office of the State Fire Marshal.

5. Permit applications for safety inspections shall be filed with the Office of the State Fire Marshal for commercial places of Public Assembly defined under the 1991 edition of the Standard Fire Prevention Code A-1, Large Assembly, and A-2, Small Assembly.

6. Plans submitted for review for places of public assembly by the State Fire Marshal shall bear an architects or engineers seal verifying compliance with the Mississippi Fire Prevention Code.

7. Inspection fees and expenses authorized under Section 45-11-105, Mississippi Code, 1972, subsection (2) shall not be assessed for the inspection of buildings owned by the State of Mississippi or its political subdivisions or for inspections conducted by local fire departments or other local agencies with authority to conduct inspection or for the inspection of buildings used for religious assemblies.

Section 505 - Types of Permits

F. Temporary Permit-The State Fire Marshal shall issue a temporary permit for

(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;

(c) All buildings, the permit for the construction of which are issued subsequent to the effective date of Sections 45-11 - 101 through 4511- 111 and which are not less than seventy-five (75) feet in height; provided, however, that 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) The period of time for which the temporary permit is issued shall be at the discretion of the State Fire Marshal, but shall not exceed one year unless so specified.

G. Permit- The State Fire Marshal shall issue a regular permit when all conditions and requirements have met compliance.

Section 506 - Fire Investigations

H. It shall be the duty of the State Chief Deputy Fire Marshal to investigate by himself or his deputy, fire occurring within the State as required by the Mississippi Fire Prevention Code Section 45-11-103, Mississippi Code, 1972, as set forth by 1.04 of the Standard Fire Prevention Code, 1976 edition, as follows:

1. All buildings owned by the State or State Agencies.

2. 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.

I. It shall also be the duty of the State Chief Deputy Fire Marshal to investigate by himself or his deputy the origin of every fire occurring within the State as required by Section 45-11 - 1, Mississippi Code, 1972, as follows:

1. to which his attention is called by the chief of the fire department,

2. or other law enforcement officials of any county or municipality, and

3. or by any party in interest whenever, in his judgment, there be sufficient evidence or circumstances indicating that such fire may be of incendiary origin.

VI. ANNUAL REPORTING

Section 600 - Local Fire Codes

A. In accordance with Section 45-11-101, Mississippi Code, 1972, each county or municipality which has adopted a fire prevention code shall file an annual report as required by the State Fire Marshal's Office on said code.

 B. A list of codes adopted by counties and municipalities will be reviewed and a list will be compiled showing which codes have provisions not less stringent than the Mississippi Fire Prevention Code.

VIII. ALTERNATE SYSTEMS

Section 700 - Minimum Requirements

A. The State Fire Marshal shall have the authority to deviate from the minimum requirements of the Mississippi Fire Prevention Code.

B. Deviations may occur when enforcement of a specific requirement would cause undue hardship.

C. Deviations may also occur when changes would be permitted allowing the use of new materials, technology, or equipment which are approved by the Standard Fire Prevention Code or other recognized national standards.

VIII. CODE REVISIONS

Section 800 - Updating of Code

A. The State Fire Marshal shall annually review the amendments and new editions of the Standard Fire Prevention Code as published by the Southern Building Code Congress International. [Section 45-11- 101, Mississippi Code, 1972, Annotated].

B. Upon review new amendments and editions, which are in compliance with the intent of the Mississippi Fire Prevention Code, shall be adopted, Section 45-11-103, Mississippi Code, 1972, Annotated.

IX. APPEALS

Section 900 -Board of Adjustments and Appeals

The Board of Adjustments and Appeals is a board appointed to hear grievances filed on orders issued by fire officials. The Board shall be appointed in accordance with Chapter 1, Section 105, of the Standard Fire Prevention Code, 1991 Edition.

Section 901 - State Board of Adjustments and Appeals

A. The State Board of Adjustments and Appeals shall be appointed by the State Fire Marshal to hear grievances filed on orders issued by the State Chief Deputy Fire Marshal, State Deputy Fire Marshals, and his duly authorized representative.

B. The State Board shall be appointed by the State Fire Marshal in accordance with Chapter 1, Section 501, Board of Adjustments and Appeals of the Standard Fire Prevention Code, 1991 Edition.

Section 902 - Local Board of Adjustments and Appeals

C. Counties or municipalities having adopted afire prevention code not less stringent than the Mississippi Fire Prevention Code shall appoint a local board of adjustments and appeals to hear grievances on orders issued by local fire officials.

D. The local board of adjustments and appeals shall not hear grievances on orders issued by the State Fire Marshal.

X. PUBLIC ASSEMBLIES

Section 1000 -Inspection of Exits

A. Inspection of exits shall be conducted not more than ninety (90) minutes prior to the schedules commencement of any non-continuous activity, event, performance, show, meeting function, or other occasion for which persons will gather at a Class A or B commercial place of assembly (as defined in the 1988 Edition of the Life Safety Code - NFPA No. 10 1).

B. The owner( or his designee pursuant of written authority, instructions, or procedures) shall inspect every required exit, way of approach thereto, and way of departure therefrom,

C. If said inspection reveals that any required means of egress is obstructed, inaccessible, locked, fastened, or otherwise unsuited for immediate use, the scheduled program shall not begin, nor shall admittance to the place of assembly be permitted, until necessary corrective action has been completed.

Section 1001 -Announcements

D. Within thirty (30) minutes prior to the start of the program, the owner or his authorized agent shall orally notify all attendees concerning the location of the exit(s) to be used in case of fire or other emergencies.

E. Example: "The in conjunction with the State Fire Marshall's Office wishes to take a moment to call to your attention the location of the exit ways or paths of egress from this building in the event of an emergency.

Please take a moment to locate the exit nearest your seat. Should an emergency arise, please move in an orderly fashion through the nearest exit way.

"Thank you for your attention."

Section 1002 -Records

F. Accurate records of all inspections, corrections, and notifications shall be kept and retained for at least two (2) years in the offices of the respective building owners. The records shall contain:

1. A brief description of each activity, event, performance, etc., including date, time, and location;

2. The name and signature of the person who performed each requirement; and

3. The date and time when each requirement was performed.

G. Such records shall be made available upon request of the State Fire Marshal.

XI. PENALTIES

Section 1100 - Code Violation

A. Any person, firm or corporation who shall knowingly and willfully violate the terms or provisions of the Mississippi Fire Prevention Code, shall be guilty of a misdemeanor and upon conviction therefore shall be sentenced to pay a fine not to exceed one thousand dollars ($1,000.00).

B. In cases of continuing violations without reasonable effort on the part of the defendant to correct same, each day the violation continues thereafter shall be a separate offense.

Section 1101 - Criminal Violation

C. In accordance with Sections 97-17-01 through 97-17-14, Mississippi Code, 1972, any person, who willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels or procures the burning of any buildings or properties, upon conviction. shall be guilty of arson as set forth in the above cited Sections.
 
 

STATE OF MISSISSIPPI
SECTIONS 45-11-101 - 45-11-111, MS CODE, 1972
MISSISSIPPI FIRE PREVENTION CODE
 

45-11-101. Promulgation; buildings to which code applies; examination of local fire prevention codes.

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 used 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;

(c) All buildings, the permits for the construction of which are issued subsequent to the effective date of Sections 45-11-101 to 45-11-111 and which are not less than seventy-five (75) feet in height; provide however, that 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. 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 Prevention Code.

SOURCES: Laws, 1978, ch. 502, 1, eff from and after July 1, 1992. Cross References-

As to interlocal cooperation of governmental units relating to fire protection and safety, see, 17-113-1.
As to powers of municipalities in regard to fire prevention, see, 21-19-2 1.
As to State Fire Marshal generally, see, 45-11-1 et seq.

Research and Practice References -
13 Am Jur 2d, Buildings, 18 et seq.

45-11-103. Standards; deviation from standards: automatic sprinkler systems.

The standards embodied in said code shall be based upon and shall be not less stringent than the standards established by the standard fire prevention code as promulgated by the Southern Building Code Congress International, Inc., and as the same may be revised or amended however, the State Fire Marshal shall have the authority to deviate from the minimum requirements of such Standard Fire Prevention Code when the imposition and enforcement of a specific requirement of the Standard Fire Prevention Code would cause unnecessary hardship or when such deviation would enable builders to take advantage or new methods, materials or equipment which is of recognized adequacy.

The Mississippi Fire Prevention Code shall include provisions that every new building over seventy-five (75) feet in heighten the State of Mississippi for which a permit is issued after the passage of Sections 45-11-101 to 4511 - 111 shall be equipped throughout the building with a totally automatic sprinkler system designed for life safety and fire prevention and protection. This provision shall include every building over seventy-five (75) feet in height constructed after the effective date of Sections 45-11 - 101 to 45-11 - 111, or to any existing building in which twenty-five percent (25%) or more of the floor space is being reconstructed or added thereto. However, public utility company buildings in which water would cause severe damage to equipment such as telephone equipment, computers or electric services, and silos, grain elevators and other structures utilized solely for the storage of agricultural products are exempt from the automatic sprinkler system provisions of the code,

SOURCES: Laws, 1978, ch. 502,2, eff from and after July 1, 1992.

Cross references-
as to State Fire Marshal generally, see, 45-11-1 et seq.
As to Rules and Regulations relating to hotels, schools and other public buildings generally, see, 45-11-21 et seq.

Research and Practice References
13 Am Jur 2d, Buildings, 25
Prevention and control of fires, 8 Am Jur legal Forms 2d, 117.11 et seq.

45-11-105. Enforcement of code; rules and regulations.

 (1) The Mississippi Fire Prevention Code shall be enforced by the State Fire Marshal and such other persons as authorized thereby, including for this reason any county or municipal fire prevention personnel, pertaining to the prevention, inspection or investigation of fires. The State Chief Deputy Fire Marshal and State Deputy Fire Marshals shall have the status and powers of a law enforcement officer in performing their dudes under the Mississippi Fire Prevention Code as authorized by standards set by Section 45-11-103, Mississippi code of 1972. The State Chief Deputy Fire Marshal and State Deputy Fire Marshals serving under permanent appointment on January 1, 1992 shall not be required to meet any requirements of Section 45-6-11 of the Mississippi Code of 1972. The State Fire Marshal is authorized and empowered to promulgate rules and regulations for the enforcement of the Mississippi Fire Prevention Code.

(2) Applications for fire safety inspections shall be filed with the Office of the State Fire Marshal. An inspection fee of not less than one hundred dollars ($100.00) and reasonable and necessary travel expenses as provided under Section 25-3-41, Mississippi Code of 1972, shall be assessed for each inspection conducted by the Office of the State Fire Marshal and shall be paid to the Office of the State Fire Marshal.

(3) The inspection fee and expenses authorized under subsection (2) shall not be assessed for the inspection of buildings owned by the State of Mississippi or its political subdivisions or for inspections conducted by local fire departments or other local agencies with authority to conduct inspections or for the inspection of buildings used for religious assemblies.

SOURCES: Laws, 1978, ch. 502, 3, eff from and after July 1, 1992.

Cross references-
As to State Fire Marshal generally, see 45-11-1 et seq.

Research and Practice References-
13 AM Jur 2d, Buildings, 18 et seq.

45-11-107. Application of Sections 45-11 -101 to 45-11-111.

Unless otherwise provided, Sections 45-11-101 to 45-11-111 shall apply to new or remodeled buildings, installations, equipment or conditions; however Sections 45-11-101 to 45-11-111 shall also apply to existing buildings, installations, equipment, conditions and occupancies where safety to life requires compliance with Sections 45-11-101 to 45-11-111, as determined by the State Fire Marshal.

SOURCES: LAWS, 1978, CH. 502, 4, eff from and after July 1, 1992. Cross references-

As to Rules and Regulations relating to hotels, schools and other public building generally, see, 45-11-21 et seq.

Research and Practice References-
13 Am Jur 2d, Buildings, 18 et seq.

45-11-109. Actions or proceedings to remedy prohibited acts.

In case any building is constructed or reconstructed or any building is used in violation of the Mississippi Fire Prevention Code or of any ordinance or other regulation made under authority conferred hereby, the State Fire Marshal or the proper local authorities of any county or municipality in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction or reconstruction, to restrain, correct or abate such violation or to prevent the occupancy of said building.

SOURCES: Laws, 1978, ch. 502, 5, eff from and after July 1, 1992.

Cross references-
As to State Fire Marshal generally, see, 45-11 -1 et seq.
As to Rules and Regulations relating to hotels, schools and other public buildings generally, see, 45-11-21 et seq.

45 - 11 -111. Penalties.

Any person, firm or corporation, who shall knowingly and willfully violate the terms or provisions of the Mississippi Fire Prevention Code, shall be guilty of a misdemeanor and upon conviction therefor shall be sentenced to pay a fine of not to exceed one thousand dollars ($1,000), and in case of continuing violations without reasonable effort on the part of the defendant to correct same, each day the violation continues thereafter shall be a separate offense.

SOURCES: Laws, 1978, ch. 502, 6, eff from and after July 1, 1992.

Cross references-

As to Rules and Regulations relating to hotels, schools and other public buildings generally, see, 45-11-21 et seq.