Bill Text: MS HB722 | 2014 | Regular Session | Introduced
Bill Title: Mississippi Fire Prevention Code; revise certain provisions regarding.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB722 Detail]
Download: Mississippi-2014-HB722-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Insurance
By: Representative Chism
House Bill 722
AN ACT TO AMEND SECTION 45-11-101, MISSISSIPPI CODE OF 1972, TO DELETE THE RESTRICTION ON THE APPLICATION OF THE STATE FIRE MARSHAL'S MISSISSIPPI FIRE PREVENTION CODE TO BUILDINGS THAT ARE NOT LESS THAN 75 FEET IN HEIGHT; TO AMEND SECTION 45-11-103, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI FIRE PREVENTION CODE SHALL INCLUDE CERTAIN PROVISIONS REGARDING AUTOMATIC SPRINKLER SYSTEMS; 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 July 1, 1978 * * *; 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) 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.
SECTION 2. Section 45-11-103, Mississippi Code of 1972, is amended as follows:
45-11-103. 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 of new methods, materials or equipment which is of recognized adequacy.
The Mississippi Fire
Prevention Code shall include provisions that every new building * * *
in
the State of Mississippi for which a permit is issued after July 1, 1978, shall
be equipped throughout the building with a totally automatic sprinkler system
designed for life safety and fire prevention and protection which is
constructed, installed, repaired or renovated by a contractor or subcontractor
who maintains a valid certificate of responsibility under Section 31-3-1 and a
National Institute for Certification of Engineering Technologies (NICET) level
3 certification. This provision shall include every building * * *
constructed
after July 1, 1978, 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.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
