Fire Code Enforcement

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.

Fire Code Enforcement Additional Information

Some forms may be filled electronically but all of the forms may be filled manually. To fill a form electronically, follow the instructions contained on the form, type in the information, and print the form; the completed form cannot be saved. To complete a form manually, print the blank form, follow the instructions contained on the form, and write in the information.

To fill a form electronically, you must install the latest Adobe Acrobat Reader on your computer. It may be downloaded free from the Adobe Website.

Fire Code Enforcement Contact Information

Plan Review: 601-359-1061

Code Questions: 601-359-1061