State Fire Marshal - Fire Code Enforcement

Fire Code Enforcement Contact Information

Plan Review: 601-359-2556 Code Questions: 601-359-1061

Fire Code Enforcement Duties and Statutory Authority

The authority for the Office of the State Fire Marshal to enforce the Mississippi Fire Prevention Code is granted by Section 45-11-101 through Section 45-11-111, Mississippi Code of 1972, Annotated:

Section 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:

  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;
  3. 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; 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. 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 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 of 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 height in the State of Mississippi for which a permit is issued after the passage of Sections 45-11-101 to 45-11-111 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.

Section 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 person as authorized thereby including for this reason any County or Municipal fire prevention personnel. 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 duties 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 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.

Section 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."

Section 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 of proceedings to prevent such unlawful construction or reconstruction, to restrain, correct or abate such violation or to prevent the occupancy of said building."

Section 45-11-111. Penalties.

Any person, firm or corporation who shall knowingly and willfully violate the terms of provisions of the Mississippi Fire Prevention Code shall be guilty of a misdemeanor and upon conviction thereforth shall be sentenced to pay a fine of not to exceed One Thousand Dollars ($1000.00), 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.

B. Child Residential Home Inspections

The authority for the Office of the State Fire Marshal to conduct inspections under the "Child Residential Home Notification Act" is granted by Section 43-16-11; 43-16-15; and 43-16-21, Mississippi Code of 1972, Annotated.

Section 43-16-11. Acknowledgement of notification; fire and health inspections of home; Chancery or Youth Court to receive copy of notification.

  1. Acknowledgement of notification shall be issued by the department upon the filing of a properly completed notification form accompanied by (a) a certificate of inspection and approval by the Fire Department of the Municipality or other political subdivision in which the home is located, and (b) a certificate of inspection and approval by the Health Department of the County in which the home is located.
  2. If no fire department exists where the home is located, the State Fire Marshal shall certify as to the inspection for safety from fire hazards. The State Fire Marshal shall establish standards for safety from fire hazards at child residential homes.
  3. Upon notification by a child residential home, the department shall provide copies of the notification from the Chancery Court or the Youth Court, as appropriate, of the County in which the home is located.

Section 43-16-15. Annual inspections of homes; inspectors.

"The department once a year shall make or cause to be made inspections limited to health, nutrition, cleanliness, sanitation, written medical records for children, discipline policy, and family communication policy of all child residential homes. Reasonable additional inspections may be made as often as may be deemed necessary by the department, but shall not be scheduled so as to disrupt the normal activities of the home. Department inspectors shall be persons knowledgeable with the states child abuse and neglect laws, child labor laws and compulsory education laws. The State Fire Marshal, or his designee, shall make or cause to be made annual inspections limited to the safety of all child residential homes. Any violations of state law on the premises of such child residential home shall immediately be reported by such inspection personnel to the appropriate law enforcement officer."

Section 43-16-21. Court action for injunction or restraining order against home; grounds.

"Notwithstanding the existence of any other remedy, the department may, in the manner provided by law, in term time or in vacation, upon the advise of the Attorney General who shall represent the department in proceedings, maintain an action in the name of the State for an injunction or restraining order to remove the children from any child residential home. Such action shall be brought in the Chancery Court or the Youth Court, as appropriate, of the County in which such child residential home is located, and shall only be initiated for the following violations:

  1. Providing supervision, care, lodging or maintenance for any children in such home without filing notification in accordance with this chapter.
  2. Failure to satisfactorily comply with local health department or State Fire Marshal inspections made pursuant to Section 43-16-15, regarding the health, nutrition, cleanliness, safety, sanitation, written records and discipline policy of such home.
  3. Suspected abuse and/or neglect of the children served by such home, as defined in Section 43-21-105, Mississippi Code of 1972.

Additional Information: