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    OpenPayerPolicy UpdatesOther/IndeterminateMississippi Fire Code Policy Update | OpenPayer
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    CurrentMississippi Insurance DepartmentPolicy N/A

    Rules and Regulations for the Mississippi Fire Prevention Code

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    This document establishes the Mississippi Fire Prevention Code, based primarily on the current International Fire Code, and governs fire-prevention standards, plan review, inspections, permits, enforcement, and related responsibilities in Mississippi. It affects state and local fire officials, building owners, public assemblies, certain high-rise and specialty facilities, and other regulated premises.

    Policy Summary
    PayerMississippi Insurance Department
    PolicyRules and Regulations for the Mississippi Fire Prevention Code
    Policy CodePolicy N/A
    Change TypeNo material change
    Effective DateJan 1, 2025
    Next Review DateN/A
    Key ActionSubmit required construction plans to the State Fire Marshal for review and approval before construction or building-permit approval when required.
    SourceLink
    POLICY UPDATE CHANGES

    No material clinical or coverage changes in this revision.

    75 feetHigh-rise threshold
    $400 minimumPlan review or inspection fee
    15 daysPyrotechnic application lead time
    2 years

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    Public assembly record retention
    $1,000Maximum code violation fine

    Fire Prevention Code Applicability and Requirements

    Buildings and activities subject to the Fire Prevention Code

    The Mississippi Fire Prevention Code applies when any of the following conditions is met, subject to local-code exceptions described below.

    ONE of

    • The building is owned by the State, a State agency, or a political subdivision.
    • The building is used for public assembly and is not governed by a qualifying local fire-prevention code, or a State Fire Marshal investigation or inspection is warranted because of a reported danger, hazardous inflammable condition, or public-safety interest.
    • The building is a high-rise exceeding 75 feet with a qualifying construction permit issued after the effective date of the applicable statutory provisions.
    • The building is a private correctional facility housing state inmates with a construction permit issued after July 1, 2004.
    • The building is submitted for review at the request of an interested person and has a construction permit issued after July 1, 2004.
    • The building is a private fraternity or sorority house on state property with a construction permit issued after July 1, 2005.
    • The building or activity otherwise falls within the current International Fire Code definition of assembly.

    High-rise sprinkler and plan-review requirements

    Covered high-rise and other buildings subject to State Fire Marshal statutory review must satisfy all of the following requirements.

    ALL of the following

    • ONE of

      • The building is more than 75 feet in height and has a construction permit issued after July 1, 1978.
      • An existing building more than 75 feet in height is being reconstructed or added to by 25% or more of its floor space.
    • Required sprinkler-system plans are submitted to the State Fire Marshal's Office.
    • For a building under State Fire Marshal statutory review, State Fire Marshal plan approval is obtained before building-permit approval, unless the State Fire Marshal's Office allows an affidavit-of-compliance process in lieu of plan submittal.

    Pyrotechnic permits and compliance

    Pyrotechnic displays and related permits must satisfy all of the following conditions.

    ALL of the following

    • A municipality or county issues a permit for a fireworks or pyrotechnic exhibition.
    • The display complies with NFPA 1123, NFPA 1126, and the Mississippi Fire Prevention Code.
    • The persons in charge are experienced in handling fireworks, spectators are kept at a safe distance, and fireworks held in storage remain in a closed box until removed for firing.

    Enforcement jurisdiction and delegated inspections

    Enforcement and inspection authority is allocated as follows.

    The State Fire Marshal enforces the Mississippi Fire Prevention Code in buildings specified by Miss. Code § 45-11-101(1)(a)-(c) and has law-enforcement status when performing prevention, inspection, or investigation duties.
    A municipality or county may enforce its adopted fire-prevention code within its jurisdiction when the code is not less stringent than the Mississippi Fire Prevention Code, except for buildings owned by the State or state agencies.
    The State Chief Deputy Fire Marshal may designate qualified local fire-prevention officials to inspect state-owned or state-agency buildings, provided the officials meet Special Local Inspector requirements and submit inspection reports on State Fire Marshal Office forms.

    Permits, fees, and pyrotechnic displays

    Specified structures, public displays, and pyrotechnic events require the applicable permits, inspections, forms, fees, and documentation.

    ALL of the following

    • Permit or compliance inspections are required for buildings and structures covered by the cited statutory provisions, subject to stated exclusions for state-owned buildings, religious assemblies, and qualifying local inspections.
    • Pyrotechnic applications are filed on State Fire Marshal forms with the required insurance, personnel, event, materials, storage, cleanup, layout, safety-data, and ATF-permit information.
    • Pyrotechnic permit applications are submitted at least 15 days before the event, a pre-show inspection occurs before issuance, and a State Fire Marshal representative is present during the event.
    • Temporary, compliance, and pyrotechnics permits may be issued at the discretion of the State Fire Marshal or an authorized representative when the applicable requirements are satisfied.

    Public assembly exit and recordkeeping controls

    Commercial public assemblies must satisfy all of the following operational and recordkeeping controls.

    ALL of the following

    • Required exits and their approach and departure routes are inspected no more than 90 minutes before a non-continuous public assembly activity.
    • The program does not begin and admittance does not occur while a required means of egress is obstructed, inaccessible, locked, fastened, or otherwise unsuitable for immediate use.
    • Exit locations are announced orally to attendees within 30 minutes before the program begins.
    • Records of activities, inspections, corrections, and notifications identify the event details, responsible person's name and signature, and performance date and time, and are retained for at least two years.

    Appeals, alternate systems, standards, and penalties

    The regulation provides the following options, review requirements, standards, and consequences.

    The State Fire Marshal may approve deviations from minimum requirements when enforcing a specific requirement would cause undue hardship or when approved new materials, technology, or equipment meet recognized standards.
    A person aggrieved by a State Fire Marshal code interpretation or determination makes a written hearing demand within 10 days; the hearing is held within 30 days after receipt of the request.
    Burglar bars offered for sale or installation in Mississippi meet current International Building Code, International Fire Code, and International Residential Code requirements.
    A knowing and willful fire-code violation is a misdemeanor punishable by a fine not exceeding $1,000, and each continuing day may constitute a separate offense.

    Authorities, Standards, and Operational Thresholds

    Mississippi statutory authoritiesmixed
    Miss. Code §§ 25-43-1 et seq.Mississippi Administrative Procedures Act provisions governing promulgation of the rules
    Miss. Code §§ 45-11-101 et seq.Mississippi statutory provisions governing the Fire Prevention Code, State Fire Marshal authority, applicability, and enforcement
    Miss. Code § 45-13-11Mississippi statutory provision governing fireworks and pyrotechnic exhibition permits
    Adopted model codesmixedCovered
    International Fire CodePrimary model fire code adopted as the basis for the Mississippi Fire Prevention Code, using the current edition as revised or amended
    International Building CodeCurrent version applies when it affects application of the International Fire Code
    International Residential CodeCurrent version applies when it affects application of the International Fire Code
    Required fire protection standardsmixedCovered
    NFPA 13Standard for automatic fire sprinkler systems required for covered fraternity and sorority houses on state property
    NFPA 72Standard for fire alarm and smoke detector systems required for covered fraternity and sorority houses on state property
    Pyrotechnic display standardsmixedCovered
    NFPA 1123Standard required for fireworks display permits
    NFPA 1126Standard for the use of pyrotechnics before a proximate audience
    Fire prevention inspector appointment
    Minimum experienceAt least three years of experience with a fire department
    Required trainingExperience must include training on inspections of premises
    Approved alternativesOther persons may be appointed if they have demonstrable training, certification, or education approved by the State Chief Deputy Fire Marshal
    Special Local Inspector reporting
    Submission deadlineCopies of all inspection reports must be submitted no later than 15 days from the date of inspection
    Required recipient

    Responsibilities, Permits, Inspections, and Enforcement

    Note

    Code Adoption and State Fire Marshal Authority

    The State Fire Marshal promulgates the Mississippi Fire Prevention Code (MFPC) under the Mississippi Administrative Procedures Act. The MFPC is based on the current International Fire Code (IFC), as revised or amended, and the State Fire Marshal is responsible for its interpretation, implementation, and enforcement; counties and municipalities may adopt a code that is no less stringent and then assume local enforcement responsibility within their jurisdictions.

    • The State Fire Marshal may deviate from minimum IFC or standard fire prevention code requirements when necessary to avoid statutory conflict or undue hardship, or to permit recognized adequate new methods, materials, or equipment.
    • The current IFC applies, together with the current International Building Code and International Residential Code when applicable.
    • A county or municipality adopting a no-less-stringent fire prevention code applies its own provisions and enforcement mechanism instead of the MFPC for covered local jurisdictions.
    Prior Authorization

    Plan Review, Compliance, and Permit Requirements

    Defined Terms and Officials

    Mississippi Fire Prevention Code
    DefinitionThe state's fire-prevention code
    Legal basisMiss. Code § 45-11-103 and Miss. Code §§ 45-11-101 et seq.
    Local adoptionA county or municipality may adopt a fire prevention code with standards not less stringent than the Mississippi Fire Prevention Code
    State Fire Officials
    State Fire MarshalThe Commissioner of Insurance is, by virtue of office, the State Fire Marshal
    State fire officialsThe State Chief Deputy Fire Marshal and Deputy State Fire Marshals are the inspecting and enforcing authority appointed by the State Fire Marshal
    Policy Summary
    PayerMississippi Insurance Department
    PolicyRules and Regulations for the Mississippi Fire Prevention Code
    Policy CodePolicy N/A
    Change TypeNo material change
    Effective DateJan 1, 2025
    Next Review DateN/A
    Key ActionSubmit required construction plans to the State Fire Marshal for review and approval before construction or building-permit approval when required.
    SourceLink
    On This Page
    Fire Prevention Code Applicability and RequirementsAuthorities, Standards, and Operational ThresholdsResponsibilities, Permits, Inspections, and EnforcementDefined Terms and Officials
    Reports must be submitted to the State Fire Marshal's Office
    PurposeReports are submitted for review and enforcement of fire code violations
    High-rise applicability
    Height thresholdMore than 75 feet
    Covered buildingsThe threshold applies to high-rise buildings within the Mississippi Fire Prevention Code's scope
    Local-code exceptionA county or municipality with a fire prevention code having standards not less stringent than the Mississippi code may apply its own provisions and enforcement mechanism
    Existing high-rise sprinkler trigger
    Reconstruction threshold25% or more of the floor space is being reconstructed or added
    Building typeExisting buildings over 75 feet in height
    Requirement triggeredSprinkler systems are required when the threshold is met
    Plan review and inspection fees
    Minimum fee$400 per plan review and for each applicable inspection
    Additional expensesExpenses authorized by Miss. Code § 45-11-105(2) may also be assessed
    Payment recipientFees are paid to the State Fire Marshal's Office
    High-rise sprinkler construction date
    Height criterionBuildings over 75 feet in height
    Permit date criterionConstruction permits issued subsequent to July 1, 1978
    Required protectionSprinkler systems must be installed
    Special-facility construction dates
    Private correctional facilitiesConstruction permits issued subsequent to July 1, 2004, for private correctional facilities that house state inmates
    Requested building reviewConstruction permits issued subsequent to July 1, 2004, for a building submitted for review at the request of an interested person
    Fraternity and sorority housesConstruction permits issued subsequent to July 1, 2005, for private fraternity or sorority houses located on state property
    Plan review fee
    Minimum amount$400
    Billing basisPer plan review
    PayeeThe State Fire Marshal's Office
    Permit fee
    Minimum amountNot less than $400 per inspection or permit
    Included chargesEach on-site inspection, attorney fees, and architect or engineer plan review fees
    Other expensesOther reasonable and necessary fees and travel expenses may be assessed
    Pyrotechnic permit fee
    Minimum feeNot less than $100
    Applies toPyrotechnic display permit applications
    Filing officeThe Office of the State Fire Marshal
    Pyrotechnic application timing
    Advance filing period15 days before the event
    Required inspectionA State Fire Marshal's Office pre-show inspection must occur before a permit is issued
    Event attendanceA representative from the State Fire Marshal's Office must be present for the event
    Exit inspection timing
    Maximum advance periodNot more than 90 minutes before the scheduled commencement
    Applicable activitiesNon-continuous activities, events, performances, shows, meetings, functions, or other occasions
    Inspection scopeEvery required exit and its approach and departure routes must be inspected
    Emergency exit announcement
    Announcement windowWithin 30 minutes prior to the start of the program
    Responsible partyThe owner or authorized agent
    Required contentAttendees must be orally notified of the exit locations to use during a fire or other emergency
    Public assembly records
    Retention periodAt least two years
    Records coveredInspection, correction, and notification records
    AvailabilityRecords must be made available upon request of the State Fire Marshal
    Code violation penalty
    Maximum fineNot to exceed $1,000
    Violation standardThe violation must be knowing and willful
    Continuing violationsEach day a violation continues may be treated as a separate offense

    Submit required construction plans and compliance applications to the State Fire Marshal's Office for covered buildings and properties outside jurisdictions with a no-less-stringent local code. Obtain plan approval and the applicable permit or compliance determination before construction or occupancy when required, and account for inspection, plan-review, permit, travel, and related fees.

    • Construction plans must be submitted before construction for covered private correctional facilities housing state inmates, qualifying buildings requested by an interested person, and private fraternity or sorority houses on state property, unless a qualifying local code governs.
    • State properties receive a permit after the State Fire Marshal determines compliance with the MFPC.
    • Covered private correctional facilities and fraternity or sorority houses may be inspected as required; qualifying fraternity and sorority houses must have approved NFPA 72 fire alarm and smoke-detector systems and, when constructed on state property after April 29, 2005, an approved NFPA 13 automatic sprinkler system.
    • Inspection and plan-review fees generally apply to covered non-state and non-religious buildings, with minimum charges of $400 for applicable plan reviews and inspections; state-owned and religious buildings have specified fee exemptions.
    • Compliance and permit filings must use forms provided by the State Fire Marshal's Office.
    Documentation Required

    Special Local Inspector Requirements

    Special Local Inspectors may inspect state-owned or political-subdivision buildings only after appointment by the State Chief Deputy Fire Marshal. They must meet the applicable experience or training requirements, use authorized identification, complete required training, and submit inspection documentation for State Fire Marshal review.

    • The local fire chief or authorized official and governing body recommend the inspector; appointment is discretionary with the State Chief Deputy Fire Marshal.
    • Ordinarily, an inspector must have at least three years of fire-department experience including premises-inspection training, unless equivalent training, certification, or education is approved.
    • Inspections are limited to state or state-agency buildings, or other local buildings when requested by the State Chief Deputy Fire Marshal.
    • Inspection reports must use State Fire Marshal or local fire-department forms and be submitted to the State Fire Marshal's Office within 15 days.
    • Special Local Inspectors receive only the official identification card issued by the State Chief Deputy Fire Marshal and receive no additional State Fire Marshal compensation.
    Prior Authorization

    Pyrotechnics and Public-Display Permits

    Municipal governing bodies or county boards of supervisors may issue permits for fireworks or pyrotechnic public displays, including displays otherwise prohibited, only when the permit complies with applicable NFPA standards and the MFPC. Display operators must be experienced, protect spectators with a safe separation distance, and keep fireworks in closed storage until firing.

    • Applicable standards include NFPA 1123, NFPA 1126, and the Mississippi Fire Prevention Code, as revised or amended.
    • The permitting authority is the municipality or, outside a municipality, the county board of supervisors.
    Prior Authorization

    Sprinkler Plan Submission and Approval

    Submit plans for every sprinkler system required by Miss. Code § 45-11-103 to the State Fire Marshal's Office. For buildings within the State Fire Marshal's statutory review, obtain plan approval before the building permit is issued, unless the Office permits an architect or engineer affidavit of compliance.

    • Sprinklers are generally required in buildings over 75 feet for post-July 1, 1978 permits and in existing buildings over 75 feet when at least 25% of floor space is reconstructed or added.
    • Exceptions include specified public utility facilities where water would severely damage equipment and structures used solely for agricultural-product storage.
    • The applicable MFPC version is the version in effect when the State Fire Marshal approves the plans.
    • Applicable plan-review and inspection fees are generally at least $400, subject to statutory exemptions.
    Denial Risk

    Enforcement Triggers

    The State Fire Marshal's enforcement authority is triggered when the State Chief Deputy Fire Marshal or designee has probable cause to believe a building or premises contains an unsafe, dangerous, or hazardous condition or code violation. Enforcement may also be initiated for state-agency licensing requirements or reported alleged violations.

    • A citizen report may trigger enforcement.
    • A county or municipal fire chief or other law-enforcement authority may report an alleged violation.
    Note

    State and Local Enforcement

    The MFPC is enforced by both state and local governments. The State Chief Deputy Fire Marshal, Deputy Fire Marshals, and authorized representatives enforce the Code in state-owned and state-agency buildings, public assemblies and high-rise buildings within State jurisdiction, while a county or municipality with a qualifying no-less-stringent code applies its own code and enforcement mechanism.

    • The State Fire Marshal may enforce the MFPC through authorized county or municipal fire-prevention personnel.
    • Local enforcement applies to public assemblies and other covered buildings when the county or municipality has adopted a code meeting the required standard.
    • The Fire Code Enforcement and Inspection Division performs State enforcement duties, and State Chief and Deputy Fire Marshals have law-enforcement status when performing fire-prevention, inspection, or investigation duties.
    Denial Risk

    Fire Code Enforcement Triggers

    State enforcement may proceed when probable cause indicates an unsafe, dangerous, hazardous, or otherwise noncompliant condition in a building or on premises. Reported violations and licensing-related requirements are additional enforcement bases, and continuing noncompliance may produce separate offenses for each day of violation.

    • Triggers include a State Fire Marshal finding, a citizen report, or a report from a local fire chief or other law-enforcement authority.
    • The State Fire Marshal's Office enforces the MFPC in the state-jurisdiction buildings identified by statute.
    • Correct unsafe conditions and code violations promptly and document corrective action.
    Documentation Required

    Delegated Inspections

    The State Chief Deputy Fire Marshal may designate qualified local fire-prevention officials to inspect buildings owned by Mississippi or its political subdivisions. Designated officials must satisfy the Special Local Inspector requirements and submit inspection reports on forms provided by the State Fire Marshal's Office.

    • Designation is discretionary with the State Chief Deputy Fire Marshal.
    • State responsibility for MFPC implementation and enforcement remains with the State Chief Deputy Fire Marshal and Deputy State Fire Marshals.
    Prior Authorization

    Permit and Compliance Requirements

    Commercial places of public assembly and other buildings within the statutory scope require permit or compliance inspections, applications on State Fire Marshal forms, and payment of applicable fees. Obtain required approvals and correct deficiencies before use or occupancy; covered public displays also require permit/compliance filings.

    • Covered structures include buildings identified in Miss. Code § 45-11-101(1)(a)-(f), subject to qualifying local-code jurisdictional exceptions.
    • Applicable State Fire Marshal plan-review and inspection fees are generally at least $400; permit fees of not less than $400 may include inspections, plan review, attorney fees, and reasonable travel expenses.
    • Fees are generally not assessed for State-owned or religious buildings or inspections performed by authorized local agencies under the Special Local Inspector designation.
    • The State Fire Marshal's Office may inspect covered buildings and assess authorized fees and expenses.
    Prior Authorization

    Pyrotechnic Display Authorization

    File pyrotechnic display applications with the State Fire Marshal's Office on the required forms at least 15 days before the event and pay the applicable fee, which is not less than $100. A pre-show inspection is required before issuance, and a State Fire Marshal representative must be present during the event.

    • Provide insurance, technician qualifications and references, event time and location, ATF permits, shot list and effects, storage and cleanup plans, event layout, and the applicable Material Safety Data Sheet.
    • State-facility applications additionally require compliance with NFPA 1123, NFPA 1126, and NFPA 160.
    • Maintain communication between the shooter and safety personnel to protect the public.
    • Requirements apply to fireworks and flame-effect displays at state facilities and, with specified supporting information, other locations.
    Documentation Required

    Public Assembly Operational Compliance

    For each non-continuous event in a commercial place of public assembly, inspect required exits and their approaches and departures no more than 90 minutes before the scheduled start. Do not admit attendees or begin the program until any obstructed, inaccessible, locked, fastened, or otherwise unusable means of egress is corrected.

    • Within 30 minutes before the program, the owner or authorized agent must orally identify emergency exits to attendees.
    • Keep accurate records for at least two years describing the event, date, time, location, responsible person's name and signature, and the date and time each inspection, correction, and notification occurred.
    • Make records available to the State Fire Marshal upon request.
    Denial Risk

    Violation and Criminal Exposure

    Knowingly and willfully violating the MFPC is a misdemeanor punishable upon conviction by a fine of up to $1,000. When a violation continues without reasonable corrective effort, each additional day may constitute a separate offense.

    • Separate criminal exposure may apply under Mississippi arson statutes to a person who willfully and maliciously sets fire to, burns, causes the burning of, or aids, counsels, or procures the burning of property.
    • Promptly correct violations and retain documentation demonstrating reasonable corrective efforts.
    State Inspector
    A duly authorized representative or inspector employed by the State Fire Marshal under the direction of the State Chief Deputy Fire Marshal
    Local Fire Official
    DefinitionThe fire chief of a municipal or county paid or volunteer fire department
    JurisdictionMunicipal or county fire department
    RoleMay recommend individuals for appointment as Special Local Inspectors
    Special Local Inspector
    AppointmentAn individual recommended by the local fire chief or authorized official and applicable governing body and appointed at the discretion of the State Chief Deputy Fire Marshal
    Inspection roleConducts inspections of state-owned or state-subdivision buildings and other buildings in the local jurisdiction when requested by the State Chief Deputy Fire Marshal
    Reporting dutiesUses approved inspection forms, submits inspection copies within 15 days, and attends mandatory State Fire Marshal training
    Buildings and Public Assemblies
    Covered buildingsState, state-agency, and political-subdivision buildings; qualifying public-assembly buildings; high-rise buildings; private correctional facilities housing state inmates; and certain requested buildings
    Special facilitiesQualifying private fraternity and sorority houses located on state property
    Public assembliesAssemblies defined in Chapter 2 of the most current edition of the International Fire Code
    Pyrotechnics and Public Displays
    DefinitionFireworks exhibitions permitted under Mississippi law
    Applicable standardsNFPA 1123, NFPA 1126, and the Mississippi Fire Prevention Code
    Safety conditionsPersons in charge must be experienced, spectators must remain at a safe distance, and stored fireworks must remain in a closed box until firing
    Compliance and Permits
    Compliance applicationA form provided by the State Fire Marshal's Office for building inspections outside jurisdictions whose adopted fire-prevention standards are not as stringent as the Mississippi Fire Prevention Code
    Building permitA permit intended to ensure that a building complies with the Mississippi Fire Prevention Code
    State-property permitIssued after state property has been determined to comply with the Mississippi Fire Prevention Code