Mississippi Contractor Licensing Law

Mississippi Code · 29 sections

The following is the full text of Mississippi’s contractor licensing law statutes as published in the Mississippi Code. For the official version, see the Mississippi Legislature.

Miss. Code Ann. § 73-1-39

A certificate of registration as registered architect, heretofore duly issued under the laws of this state, shall serve the same purpose as, and is hereby declared to be the license required by this chapter. This chapter shall not apply to: (a) The practice of architecture solely as an officer or employee of the United States, but persons so engaged or employed shall not engage in the private practice of architecture in this state without first having a registration certificate as herein provided; (b) Any person, firm or corporation that prepares plans and specifications for the erection of any buildings owned by the State of Mississippi, or any of its political subdivisions, containing less than ten thousand (10,000) square feet of ground floor area, and not exceeding two (2) stories in height; or any person, firm or corporation that supervises the erection of any such buildings; or to any person, firm or corporation that prepares plans and specifications for, or that supervises repairs, alterations or additions to such existing buildings; provided further that such person, firm or corporation does not in any manner represent himself or itself to be an architect, architectural designer, or employ some other title of profession or business using some form of the word architect; (c) Contractors, superintendents, inspectors, foremen or building trades craftsmen while performing their customary duties; (d) Professional engineers licensed by the Mississippi State Board of Registration for Professional Engineers and Land Surveyors practicing in compliance with the laws of this state; (e) Professional landscape architects who are engaged in the preparation of drawings for and the supervision of planting, grading, walks, paving and appurtenances related to such work; (f) City and regional planners or professional planners while advising, consulting, administering or performing professional work or planning services; (g) Golf course architects who are engaged in the preparation of drawings and specifications and responsible supervision, including related consultation, investigation, reconnaissance, research and design, where the dominant purpose of such services is the design of a golf course, in accordance with accepted professional standards of public health and safety; (h) Any person who prepares plans and specifications for, or supervises the erection, enlargement or alteration of: (i) Any building on any farm for the use by any farmer; (ii) Any one-family or two-family residence buildings, regardless of cost; (iii) Any domestic outbuilding appurtenant to any one-family or two-family residence, regardless of cost; or (iv) Any other type building which contains less than five thousand (5,000) square feet and is less than three (3) stories in height. Codes, 1942, § 8632-19; Laws, 1954, ch. 320, § 19; Laws, 1976, ch. 363, § 13; reenacted, Laws, 1983, ch. 377, § 20; Laws, 1994, ch. 558, § 22; Laws, 2002, ch. 331, § 3, eff. 7/1/2002.

Miss. Code Ann. § 73-13-23

(1) (a) The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for licensure as a professional engineer: Graduation in an engineering curriculum of four (4) years or more from a school or college approved by the board as of satisfactory standing or graduation in an engineering, engineering technology, or related science curriculum of four (4) scholastic years from a school or college other than those approved by the board plus a graduate degree in an engineering curriculum from a school or college wherein the same engineering curriculum at the undergraduate level is approved by the board as of satisfactory standing; a specific record of four (4) years of qualifying engineering experience indicating that the applicant is competent to practice engineering (in counting years of experience, the board at its discretion may give credit not in excess of three (3) years for satisfactory graduate study in engineering), and the successful passing of examinations in engineering as prescribed by the board. (b) In considering the qualifications of applicants, engineering teaching may be construed as engineering experience. (c) The mere execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be the practice of engineering. (d) Any person having the necessary qualifications prescribed in Sections 73-13-1 through 73-13-45 to entitle him to licensure shall be eligible for such licensure although he may not be practicing his profession at the time of making his application. (e) No person shall be eligible for licensure as a professional engineer who is not of good character and reputation, as defined in the board's Code of Professional Conduct, or who presents claims in support of his application which contain major discrepancies. (2) The following shall be considered as minimum evidence satisfactory to the board that the applicant is qualified for enrollment as an engineer intern: (a) Graduation in an engineering curriculum of four (4) scholastic years or more from a school or college approved by the board as of satisfactory standing or graduation in an engineering, engineering technology, or related science curriculum of four (4) scholastic years from a school or college other than those approved by the board plus a graduate degree in an engineering curriculum from a school or college wherein that same engineering curriculum at the undergraduate level is approved by the board as of satisfactory standing; and (b) Successfully passing a written examination in the fundamental engineering subjects. Codes, 1942, § 8791-12; Laws, 1954, ch. 321, § 12; Laws, 1968, ch. 509, § 3; reenacted, Laws, 1983, ch. 450, § 12; reenacted and amended, Laws, 1991, ch. 470, § 12; reenacted without change, Laws, 1999, ch. 416, § 12; reenacted and amended, Laws, 1999, ch. 534, § 12; reenacted and amended, Laws, 2004, ch. 586, § 12, eff. 7/1/2004.

Miss. Code Ann. § 73-13-41

(1) Sections 73-13-1 through 73-13-45 shall not be construed to prevent or to affect: (a) The practice of any other legally recognized profession or trade, such as: (i) engineers employed by contractors to supervise work on which a licensed engineer is engaged; (ii) architects who are registered under the provisions of Chapter 1 of this title; and (iii) the practice of geology as regulated pursuant to Title 73, Chapter 63; (b) The work of an employee or a subordinate of a person holding a certificate of licensure under Sections 73-13-1 through 73-13-45 , provided such work does not include final designs or decisions and is done under the responsibility, checking and supervision of a person holding a certificate of licensure under Sections 73-13-1 through 73-13-45 ; (c) The practice of officers and employees of the government of the United States while engaged within this state in the practice of engineering for said government; (d) The performance of engineering services by any regular full-time employee of a manufacturing, research and development, railroad or other industrial corporation, provided: (i) Such services are rendered on or in connection with existing fixed works, equipment, systems, processes or facilities owned, operated, or leased by such corporation and/or its affiliates; (ii) Such services are not rendered to third parties; (iii) Such services do not consist of original plant design, original system design, or original process design, other than routine system extensions that do not compromise the integrity of the original design; (iv) Such services comply with all requirements specified by the employee's company or corporation; (v) All fixed works, equipment, systems, processes or facilities modified by such services undergo a safety review that confirms: 1. the construction and equipment is in accordance with design specifications; and 2. safety, operating, maintenance and emergency procedures are in place to safeguard life, health and property; (vi) Such services are not required to be performed, approved or certified by a professional engineer pursuant to law or regulation, whether federal, state or local, other than Sections 73-13-1 through 73-13-45 hereof or any applicable rules or regulations promulgated by the Mississippi Board of Licensure for Professional Engineers and Surveyors; It is further stated that this subsection (d) is intended to codify the policy and practices of the board on July 1, 1999, and that any ambiguities in this subsection should be construed in accordance with this intent; (e) The performance of engineering services with respect to utility facilities by any public utility subject to regulation by the Mississippi Public Service Commission, the Federal Communications Commission, the Federal Energy Regulatory Commission, or the Nuclear Regulatory Commission, including its parents, affiliates, subsidiaries; or by the officers and regular full-time employees of any such public utility, including its parents, affiliates or subsidiaries, provided that they are engaged solely and exclusively in performing service for such public utility and/or its parents, affiliates or subsidiaries, and as long as such services comply with all standard operating procedures and requirements specified by the employee's company or corporation. This exemption shall not extend to: (i) the practice of engineering performed by public utilities or their officers or employees when such services are rendered to nonaffiliated third parties in exchange for compensation other than that received from their employer, or the use of any name, title or words which tend to convey the impression that a nonregistrant is offering engineering services to the public; and (ii) services which are required to be performed, approved or certified by a professional engineer pursuant to law or regulation whether federal, state or local, other than Sections 73-13-1 through 73-13-45 hereof or any applicable rules or regulations promulgated by the Mississippi Board of Licensure for Professional Engineers and Surveyors; It is further stated that this subsection (e) is intended to codify the policy and practices of the board on July 1, 1999, and that any ambiguities in this subsection should be construed in accordance with this intent; (f) The practice of engineering shall not include the work ordinarily performed by persons who operate or maintain machinery, equipment, water plants, power generation, utility transmission, utility distribution facilities, sewage plants and solid waste disposal facilities; or (g) Activities conducted during the course of, or in anticipation of, litigation including, but not exclusively: analyzing, evaluating, consulting, reconstructing, testing, responding to the opinions and testing conducted by others, and offering expert testimony. However, this exemption shall not apply in legal proceedings where the subject matter of the litigation or claim is nonforensic engineering activity legally required to be performed under a Mississippi engineer's license. (2) In addition to the exemptions provided in subsection (1), there is hereby granted and reserved to the board the authority to exempt from Sections 73-13-1 through 73-13-45 by regulation specific engineering tasks or functions performed by regular full-time employees of manufacturing, public utility, research and development, railroad or other industrial corporations rendered in the course and scope of their employment, on a case by case basis, if, in the opinion of the board, the public health and welfare is not endangered nor the engineering profession diminished. Codes, 1930, § 4670; 1942, § 8791-22; Laws, 1928, Ex. Sess. ch. 56; Laws, 1954, ch. 321, § 22; reenacted, Laws, 1983, ch. 450, § 21; reenacted and amended, Laws, 1991, ch. 470, § 21; reenacted without change, Laws, 1999, ch. 416, § 21; reenacted and amended, Laws, 1999, ch. 534, § 21; reenacted and amended, Laws, 2004, ch. 586, § 21; Laws, 2012, ch. 425, § 1, eff. 7/1/2012.

Miss. Code Ann. § 73-2-19

This chapter shall not require licensing in the following cases: (a) The practice of landscape architecture by any person who acts under the supervision of a registered landscape architect or by an employee of a person lawfully engaged in the practice of landscape architecture and who, in either event, does not assume responsible charge of design or supervision. (b) The practice of landscape architecture by employees of the United States government while engaged within this state in the practice of landscape architecture for said government. (c) The practice of planning as customarily done by regional and urban planners. (d) The practice of arborists, foresters, gardeners, home builders, floriculturists and ornamental horticulturists performing their respective trades or professions. (e) The practice of any nurseryman or landscape contractor to practice planting design, planting, and location and arrangement of plant materials. (f) The practice of architecture or engineering as defined by the laws of the State of Mississippi including, but not limited to, such planting as might be incidental to such practice. (g) The work or practice of a regular employee of a public service company or public utility, by rendering to such company landscape architectural service in connection with its facilities which are subject to regulation, supervision and control in order to safeguard life, health and property by the Public Service Commission of this state shall be exempt so long as such person is thus actually and exclusively employed. (h) Any person, firm or corporation performing landscape architecture and working on his own land or property. (i) Golf course architects engaged in the preparation of drawings and specifications for a golf course, in accordance with accepted professional standards of public health and safety. Laws, 1973, ch. 471, § 10; reenacted, Laws, 1983, ch. 348, § 10; reenacted and amended, Laws, 1988, ch. 517, § 11; reenacted without change, Laws, 1991, ch. 318, § 11; Laws, 1994, ch. 558, § 23; Laws, 1994, ch. 424, § 5; reenacted without change, Laws, 1996, ch. 451, § 5; reenacted without change, Laws, 1999, ch. 371, § 11; reenacted and amended, Laws, 2001, ch. 406, § 11; reenacted without change, Laws, 2005, ch. 361, § 11, eff. 7/1/2005.

Miss. Code Ann. § 73-34-113

(1) An appraisal management company doing business in this state as an appraisal management company shall not: (a) Knowingly employ any individual to perform appraisal services, who has had a license or certificate to act as an appraiser in this state or in any other state, refused, denied, cancelled, surrendered in lieu of revocation, or revoked; or (b) Knowingly enter into any independent contractor arrangement for the performance of appraisal services, in verbal, written, or other form, with any individual who has had a license or certificate to act as an appraiser in this state or in any other state, refused, denied, cancelled, surrendered in lieu of revocation, or revoked. (2) Before assigning appraisal orders, the appraisal management company shall have a system in place to verify that a person being added to the appraiser panel holds the appropriate appraiser credential in good standing. (3) Each appraisal management company doing business as an appraisal management company shall certify to the board on an annual basis on a form prescribed by the board that the appraisal management company has systems in place to verify that: (a) An individual on the appraiser panel has not had a license or certification as an appraiser refused, denied, cancelled, revoked or surrendered in lieu of a pending revocation in the previous twelve (12) months; and (b) Only licensed or certified appraisers are used to complete appraisal assignments in connection with federally related transactions. Laws, 2011, ch. 458, § 1, eff. 12/1/2013. Amended by Laws, 2023, ch. 501, SB 2673,§ 17, eff. 7/1/2023.

Miss. Code Ann. § 73-34-115

Any employee of, or independent contractor to, the appraisal management company that performs a USPAP Standard 3 appraisal review of an appraisal report on property located in this state shall be an appraiser with the proper level of licensure in Mississippi. Quality control examinations are exempt from this requirement, as they are not considered a Standard 3 review. Laws, 2011, ch. 458, § 1, eff. 12/1/2013.

Miss. Code Ann. § 73-34-3

As used in this chapter, the following terms and phrases shall have the following meanings unless the context clearly indicates otherwise: (a) "Appraisal" means an analysis, opinion or conclusion prepared by a real estate appraiser relating to the nature, quality, value or utility of specified interests in, or aspects of, identified real estate or identified real property performed in accordance with the Uniform Standards for Professional Appraisal Practice. An appraisal may be classified by the nature of the assignment into either a valuation assignment or an evaluation assignment. The term "valuation assignment" means an analysis, opinion or conclusion prepared by a real estate appraiser that estimates the value of an identified parcel of real estate or identified real property at a particular point in time. The term "evaluation assignment" means an analysis, opinion or conclusion prepared by a real estate appraiser that relates to the nature, quality or utility of identified real estate or identified real property. (b) "Appraisal report" means any communication, written or oral, of an appraisal. For the purposes of this chapter, the testimony of an appraiser dealing with the appraiser's analyses, conclusions or opinions concerning identified real property is deemed to be an oral appraisal report. (c) "Board" means the Mississippi Real Estate Appraisal Board that is established under the provisions of this chapter. (d) "Certified appraisal report" means an appraisal report given or signed and certified as such by a state certified real estate appraiser. When a state certified real estate appraiser identifies an appraisal report as "certified," such state certified real estate appraiser must indicate which type of certification he holds. The certification of an appraisal report by a state certified real estate appraiser represents to the public that it meets the appraisal standards established under this chapter. (e) "Licensed real estate appraiser" means a person who holds a current, valid appraisal license issued to him under the provisions of this chapter. (f) "Real estate or real property" means an identified parcel or tract of land, with improvements, and includes easements, rights-of-way, undivided or future interest, or similar rights in a tract of land, but does not include mineral rights, timber rights, growing crops, water rights, or similar interests severable from the land when the transaction does not involve the associated parcel or tract of land. (g) "Real estate appraisal activity" means the act or process of making an appraisal of real estate or real property and preparing an appraisal report. (h) "Real estate appraiser" means a person who engages in real estate appraisal activity for a fee or other valuable consideration. (i) "Real property" means one or more defined interests, benefits or rights inherent in the ownership of real estate. (j) "State certified real estate appraiser" means a person who holds a current, valid license as a real estate appraiser issued to him under the provisions of this chapter for certified real estate appraisers. (k) "Appraisal management company" or "AMC" means, in connection with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party that oversees a network or panel of more than fifteen (15) certified or licensed appraisers in this state or twenty-five (25) or more nationally within a given year, that is authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling or by an underwriter of or other principal in the secondary mortgage markets to: (i) Recruit, select, and retain appraisers; (ii) Contract with licensed and certified appraisers to perform appraisal assignments; (iii) Manage the process of having an appraisal performed, including providing administrative duties such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed; or (iv) Review and verify the work of appraisers. (l) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment, except that a quality control examination of an appraisal shall not be an appraisal review. (m) "Appraiser" means an individual who holds a license or certification as an appraiser and is expected to perform valuation services competently and in a manner that is independent, impartial and objective. (n) "Appraiser panel" means a network, list or roster of licensed or certified appraisers approved by an AMC to perform appraisals as independent contractors for the AMC. (o) "Controlling person" means: (i) An officer or director, or owner of greater than a ten percent (10%) interest, of a corporation, partnership or other business entity, seeking to act as an appraisal management company in this state; (ii) An individual employed, appointed, or authorized by an appraisal management company that has the authority to enter into a contractual relationship with other persons for the performance of services requiring registration as an appraisal management company and has the authority to enter into agreements with appraisers for the performance of appraisals; or (iii) An individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of an appraisal management company. (p) "Federal financial institutions regulatory agencies" means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration. (q) "Federally related transaction" means any real estate-related financial transaction which a federal financial institutions regulatory agency or the Resolution Trust Corporation engages in, contracts for, or regulates, and which requires the services of an appraiser. (r) "Person" means an individual, firm, partnership, limited partnership, limited liability company, association, corporation, or other group engaged in joint-business activities, however organized. (s) "Quality control examination" means an examination of an appraisal report for compliance and completeness, including grammatical, mathematical, typographical or other similar errors. (t) "Real estate-related financial transaction" means any transaction involving: (i) The sale, lease, purchase, auction, investment in or exchange of real property, including interests in property, or the financing thereof; (ii) The refinancing of real property or interests in real property; and (iii) The use of real property or interests in property as security for a loan or investment, including mortgage-backed securities. (u) "Uniform Standards of Professional Appraisal Practice" means the current standards of the appraisal profession, developed for appraisers and users of appraisal services by the Appraisal Standards Board of the Appraisal Foundation. (v) "USPAP" means the Uniform Standards of Professional Appraisal Practice. (w) "Appraisal Foundation" means the Appraisal Foundation, as defined by 12 USC Section 3350 , or its successor. (x) "Appraisal Standards Board" means the Appraisal Standards Board of the Appraisal Foundation, or its successor. (y) "Appraisal Subcommittee" means the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, or its successor. (z) "Appraiser Qualifications Board" means the Appraiser Qualifications Board of the Appraisal Foundation, or its successor. (aa) "Supervisory appraiser" means a supervisory appraiser as defined by the Appraiser Qualifications Board. (bb) "Trainee appraiser" means a trainee appraiser as defined by the Appraiser Qualifications Board. Laws, 1990, ch. 576, § 2; Laws, 1993, ch. 559, § 1, eff. 4/9/1993. . Amended by Laws, 2023, ch. 501, SB 2673,§ 2, eff. 7/1/2023. Amended by Laws, 2019, ch. 390, SB 2697,§ 2, eff. 7/1/2019. Amended by Laws, 2011, ch. 458, HB 1337, 17, eff. 12/1/2013.

Miss. Code Ann. § 73-35-21

(1) Except as otherwise provided in this section, the commission may, upon its own motion and shall upon the verified complaint in writing of any person, hold a hearing pursuant to Section 73-35-23 for the refusal of license or for the suspension or revocation of a license previously issued, or for such other action as the commission deems appropriate. The commission shall have full power to refuse a license for cause or to revoke or suspend a license where it has been obtained by false or fraudulent representation, or where the licensee in performing or attempting to perform any of the acts mentioned herein, is deemed to be guilty of: (a) Making any substantial misrepresentation in connection with a real estate transaction; (b) Making any false promises of a character likely to influence, persuade or induce; (c) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or salespersons or any medium of advertising or otherwise; (d) Any misleading or untruthful advertising; (e) Acting for more than one (1) party in a transaction or receiving compensation from more than one (1) party in a transaction, or both, without the knowledge of all parties for whom he or she acts; (f) Failing, within a reasonable time, to account for or to remit any monies coming into his or her possession which belong to others, or commingling of monies belonging to others with his own funds. Every responsible broker procuring the execution of an earnest money contract or option or other contract who shall take or receive any cash or checks shall deposit, within a reasonable period of time, the sum or sums so received in a trust or escrow account in a bank or trust company pending the consummation or termination of the transaction. "Reasonable time" in this context means by the close of business of the next banking day; (g) Entering a guilty plea or conviction in a court of competent jurisdiction of this state, or any other state or the United States of any felony; (h) Displaying a "for sale" or "for rent" sign on any property without the owner's consent; (i) Failing to furnish voluntarily, at the time of signing, copies of all listings, contracts and agreements to all parties executing the same; (j) Paying any rebate, profit or commission to any person other than a real estate broker or salesperson licensed under the provisions of this chapter; (k) Inducing any party to a contract, sale or lease to break such contract for the purpose of substituting in lieu thereof a new contract, where such substitution is motivated by the personal gain of the licensee; (l) Accepting a commission or valuable consideration as a real estate salesperson for the performance of any of the acts specified in this chapter from any person, except his or her employer who must be a licensed real estate broker; (m) Failing to successfully pass the commission's background investigation for licensure or renewal as provided in Section 73-35-10 ; or (n) Any act or conduct, whether of the same or a different character than hereinabove specified, which constitutes or demonstrates bad faith, incompetency or untrustworthiness, or dishonest, fraudulent or improper dealing. However, simple contact and/or communication with any mortgage broker or lender by a real estate licensee about any professional, including, but not limited to, an appraiser, home inspector, contractor, and/or attorney regarding a listing and/or a prospective or pending contract for the lease, sale and/or purchase of real estate shall not constitute conduct in violation of this section. (2) No real estate broker shall practice law or give legal advice directly or indirectly unless said broker be a duly licensed attorney under the laws of this state. He or she shall not act as a public conveyancer nor give advice or opinions as to the legal effect of instruments nor give opinions concerning the validity of title to real estate; nor shall he or she prevent or discourage any party to a real estate transaction from employing the services of an attorney; nor shall a broker undertake to prepare documents fixing and defining the legal rights of parties to a transaction. However, when acting as a broker, he or she may use an earnest money contract form. A real estate broker shall not participate in attorney's fees, unless the broker is a duly licensed attorney under the laws of this state and performs legal services in addition to brokerage services. (3) It is expressly provided that it is not the intent and purpose of the Mississippi Legislature to prevent a license from being issued to any person who is found to be of good reputation, is able to give bond, and who has lived in the State of Mississippi for the required period or is otherwise qualified under this chapter. (4) In addition to the reasons specified in subsection (1) of this section, the commission shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153 . The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163 , as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163 , as the case may be, shall control. (5) Nothing in this chapter shall prevent an associate broker or salesperson from owning any lawfully constituted business organization, including, but not limited to, a corporation, limited liability company or limited liability partnership, for the purpose of receiving payments contemplated in this chapter. The business organization shall not be required to be licensed under this chapter and shall not engage in any other activity requiring a real estate license. (6) The Mississippi Real Estate Commission shall not promulgate any rule or regulation, nor make any administrative or other interpretation, whereby any real estate licensee may be held responsible or subject to discipline or other actions by the commission relating to the information required to be disclosed by Sections 89-1-501 through 89-1-523 or delivery of information required to be disclosed by Sections 89-1-501 through 89-1-523 . (7) The Mississippi Real Estate Commission shall not promulgate nor enforce any rule or regulation, nor make any administrative or other interpretation, whereby any real estate licensee may be required to include in any agreement or otherwise be required to agree to any requirement regarding unilateral termination by a buyer-agency agreement. Codes, 1942, § 8920-11; Laws, 1954, ch. 318, § 11; Laws, 1974, ch. 485, § 4; reenacted, Laws, 1980, ch. 499, § 11; Laws, 1983, ch. 476, § 2; Laws, 1988, ch. 477, § 11; Laws, 1991, ch. 355, § 7; Laws, 1992, ch. 533, § 7; Laws, 1994, ch. 520, § 7; Laws, 1996, ch. 507, § 68; Laws, 2004, ch. 412, § 3, eff. 7/1/2004. Amended by Laws, 2024, ch. 423, HB 1271,§ 1, eff. 4/23/2024. Amended by Laws, 2023, ch. 385, SB 2647,§ 8, eff. 3/14/2023. Amended by Laws, 2022, ch. 302, SB 2097,§ 3, eff. 2/2/2022. Amended by Laws, 2016, ch. 472, SB 2725, 4, eff. 7/1/2016.

Miss. Code Ann. § 73-59-1

For the purposes of this chapter, the following words shall have the meanings ascribed herein: (a) "Board" means the State Board of Contractors created in Section 31-3-3 , Mississippi Code of 1972. (b) "Residential builder" means any corporation, partnership or individual who constructs a building or structure for sale for use by another as a residence or who, for a fixed price, commission, fee, wage or other compensation, undertakes or offers to undertake the construction, or superintending of the construction, of any building or structure which is not more than three (3) floors in height, to be used by another as a residence, when the total cost of the undertaking exceeds Fifty Thousand Dollars ($50,000.00). (c) "Remodeler" means any corporation, partnership or individual who, for a fixed price, commission, fee, wage or other compensation, undertakes or offers to undertake the construction, or superintending of the construction, of improvements to an existing residence when the total cost of the improvements exceeds Ten Thousand Dollars ($10,000.00). (d) "Residential construction" means any undertaking described in paragraph (b) of this section performed by a residential builder. (e) "Residential improvement" means any undertaking described in paragraph (c) of this section performed by a remodeler. (f) "Active licensee" means any builder or remodeler licensed under this chapter and engaged in building and remodeling. (g) "Inactive licensee" means any builder or remodeler licensed under this chapter and not engaged in building or remodeling. (h) "Construction manager" means any person or entity, other than a residential builder, remodeler or owner, who has a contract or agreement with the owner of the property for residential construction or residential improvement, no matter if that owner himself is the general contractor or a holder of a building permit. (i) "Residential solar contractor" means any person or entity who installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems. Laws, 1993, ch. 534, § 1; reenacted, Laws, 1995, ch. 431, § 1; reenacted without change, Laws, 2000, ch. 345, § 1; reenacted without change, Laws, 2005, ch. 375, § 1; reenacted without change, Laws, 2009, ch. 556, § 1; reenacted without change, Laws, 2011, ch. 433, § 1; Laws, 2012, ch. 416, § 1, eff. 7/1/2012. Amended by Laws, 2022, ch. 502, HB 1163,§ 3, eff. 7/1/2022. Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 11, eff. 7/1/2015.

Miss. Code Ann. § 73-59-11

The board shall have the following additional duties for the purposes of this chapter: (a) To conduct thorough investigations of all applicants seeking a license or licensees seeking renewal of their licenses and of all complaints filed with the board concerning the performance of a residential builder. (b) To obtain information concerning the responsibility of any applicant for a license or of a licensee. Such information may be obtained by investigation, by hearings, or by any other reasonable and lawful means. The board shall keep such information appropriately filed. (c) To maintain a list of residential builders and remodelers to whom licenses are issued, refused, revoked or suspended, which list shall be available to any interested person. (d) To prepare annually a complete roster that shows all the names and places of business of the residential builders and remodelers licensed by the board during the preceding year and to forward a copy of the roster to each municipality and county in the state and to file the roster with the Secretary of State. (e) To take disciplinary actions pursuant to the provisions of Section 73-59-13 . (f) To adopt rules and regulations governing disciplinary actions and the conduct of its hearings and to adopt such other rules and regulations as the board finds necessary for the proper administration of this chapter. (g) The board may require continuing education for any residential builder or remodeler licensed under this chapter; provided, however, that any residential builder or remodeler who has held a valid license under this chapter before July 1, 2015, shall be exempt from any continuing education requirements. No more than two (2) hours of continuing education shall be required by the board per year. The holder of a valid license shall disclose to the owner or other person with whom the holder is contracting at the signing of a contract or the initial agreement to perform work whether the holder carries general liability insurance. The disclosure shall be written, the structure and composition of which shall be determined by the State Board of Contractors, and shall be placed immediately before the space reserved in the contract for the signature of the purchaser. The disclosure shall be boldfaced and conspicuous type which is larger than the type of the remaining text of the contract. Laws, 1993, ch. 534, 6; reenacted, Laws, 1995, ch. 431, 6;Laws, 1998, ch. 535 3; reenacted and amended, Laws, 2000, ch. 345, 6; reenacted without change, Laws, 2005, ch. 375, 6; Laws, 2010, ch. 364, 2; reenacted without change, Laws, 2011, ch. 433, 6, eff. 7/1/2011. Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 16, eff. 7/1/2015.

Miss. Code Ann. § 73-59-13

(1) The board, upon satisfactory proof and in accordance with the provisions of this chapter and the regulations of the board pertaining thereto, is authorized to take the disciplinary actions provided for in this section against any person for any of the following reasons: (a) Violating any of the provisions of this chapter or the rules or regulations of the board pertaining to the work of residential building or residential improvement; (b) Fraud, deceit or misrepresentation in obtaining a license; (c) Gross negligence or misconduct; (d) Engaging in work of residential building or residential improvement on an expired license or while under suspension or revocation of license unless the suspension or revocation be abated in accordance with this chapter; (e) Loaning a license to an unlicensed person; (f) Failing to maintain workers' compensation insurance, if applicable; or (g) Failing to pay for goods or services for which the builder is contractually bound. (2) Any person, including members of the board, may prefer charges against any other person for committing any of the acts set forth in subsection (1) of this section. Such charges shall be sworn to, either upon actual knowledge or upon information and belief, and shall be filed with the board. The board shall investigate all charges filed with it and, upon finding reasonable cause to believe that the charges are not frivolous, unfounded or filed in bad faith, may, in its discretion, cause a hearing to be held, at a time and place fixed by the board, regarding the charges and may compel the accused by subpoena to appear before the board to respond to such charges. The board may send a certified inspector to inspect the building or structure which is the subject of a complaint or the board may use a county certified building inspector from the county where the building or structure is located to inspect the building or structure which is the subject of a complaint. The report of the inspector shall be used in the investigation and the determination of the board. The provisions above shall only apply to hearings. No disciplinary action may be taken until the accused has been furnished both a statement of the charges against him and notice of the time and place of the hearing thereon, which shall be personally served on such accused or mailed by certified mail, return receipt requested, to the last known business or residence address of the accused not less than thirty (30) days prior to the date fixed for the hearing. The complaining party shall be notified of the place and time of the hearing by mail to the last known business or residence address of the complaining party not less than thirty (30) days prior to the date fixed for the hearing. (3) At any hearing held hereunder, the board shall have the power to subpoena witnesses and compel their attendance and may also require the production of books, papers, documents or other materials which may be pertinent to the proceedings. The board may designate or secure a hearing officer to conduct the hearing. All evidence shall be presented under oath, which may be administered by any member of the board, and thereafter the proceedings may, if necessary, be transcribed in full by a court reporter and filed as part of the record in the case. Copies of such transcriptions may be provided to any party to the proceedings at a price reflecting actual cost, to be fixed by the board. All witnesses who are subpoenaed and appear in any proceedings before the board shall receive the same fees and mileage as allowed by law to witnesses in county, circuit and chancery court pursuant to Section 25-7-47 , Mississippi Code of 1972, and all such fees shall be taxed as part of the costs in the case. When, in any proceeding before the board, any witness shall fail or refuse to attend upon subpoena issued by the board, shall refuse to testify, or shall refuse to produce any books and papers the production of which is called for by the subpoena, the attendance of such witness and the giving of his testimony and the production of the books and papers shall be enforced by any court of competent jurisdiction of this state in the manner provided for the enforcement of attendance and testimony of witnesses in civil cases in the courts of this state. The accused and the complaining party shall have the right to be present at the hearing in person, by counsel or other representative, or both. The board is authorized for proper cause to continue or recess the hearing as may be necessary. (4) At the conclusion of the hearing, the board may either decide the issue at that time or take the case under advisement for further deliberation. The board shall render its decision not more than ninety (90) days after the close of the hearing and shall forward to the last known business or residence address of the accused, by certified mail, return receipt requested, a written statement of the decision of the board. (5) If a majority of the board finds the accused guilty of the charges filed, the board may: (a) Issue a public or private reprimand; (b) Suspend or revoke the license of the accused; (c) Order completion of an additional educational requirement prescribed by the board not to exceed two (2) hours per violation; or (d) In lieu of or in addition to any reprimand, suspension, revocation, or education requirement, assess and levy upon the guilty party a monetary penalty of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for each violation. (6) A monetary penalty assessed and levied under this section shall be paid to the board upon the expiration of the period allowed for appeal of such penalties under this section or may be paid sooner if the guilty party elects. Money collected by the board under this section shall be deposited to the credit of the State Board of Contractors Fund. When payment of a monetary penalty assessed and levied by the board in accordance with this section is not paid when due, the board shall have the power to institute and maintain proceedings in its name for enforcement of payment in the chancery court of the county of residence of the delinquent party; however, if the delinquent party is a nonresident of the State of Mississippi, such proceedings shall be in the Chancery Court of the First Judicial District of Hinds County, Mississippi. (7) When the board has taken a disciplinary action under this section, the board may, in its discretion, stay such action and place the guilty party on probation for a period not to exceed one (1) year upon the condition that such party shall not further violate either the laws of the State of Mississippi pertaining to the practice of residential construction or residential remodeling or the bylaws, rules or regulations promulgated by the board. (8) The board shall not assess any of the costs of disciplinary proceedings conducted pursuant to this section against the prevailing party. (9) The power and authority of the board to assess and levy the monetary penalties provided for in this section shall not be affected or diminished by any other proceedings, civil or criminal, concerning the same violation or violations except as provided in this section. (10) The board, for sufficient cause, may reissue a revoked license whenever a majority of the board members vote to do so. (11) Within ten (10) days after any order, judgment or action of the board, any person aggrieved thereby may appeal such order, judgment or action either to the chancery court of the county wherein the appellant resides or to the Chancery Court of the First Judicial District of Hinds County, Mississippi, upon giving bond with sufficient security in the amount of Two Hundred Fifty Dollars ($250.00), approved by the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person. In lieu of the bond, the appellant may post Two Hundred Fifty Dollars ($250.00) with the clerk of the chancery court and conditioned to pay any costs which may be adjudged against such person. Notice of appeal shall be filed in the office of the clerk of the chancery clerk, who shall issue a writ of certiorari directed to the board commanding it within forty-five (45) days after service thereof to certify to such court its entire record in the matter in which the appeal has been taken. The appeal shall thereupon be heard in due course by the court, and the court shall review the record and shall affirm or reverse the judgment. If the judgment is reversed, the chancery court or chancellor shall render such order or judgment as the board ought to have rendered, and certify the same to the board; and costs shall be awarded as in other cases. Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court. The board may employ counsel to defend all such appeals, to be paid out of the funds in the State Board of Contractors Fund. On appeal, any order, judgment or action of the board revoking a certificate of responsibility or residential license shall remain in full force unless the chancery court or Supreme Court reverses such order, judgment or action of the board. The remedies provided under this chapter for any aggrieved person shall not be exclusive, but shall be cumulative of and supplemental to any other remedies which he may otherwise have in law or in equity, whether by injunction or otherwise. (12) Any political subdivision or agency of this state which receives a complaint against a residential builder or remodeler shall, in addition to exercising whatever authority such political subdivision or agency has been given over such complaint, forward the complaint to the board. (13) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153 . The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163 , as the case may be. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163 , as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163 , as the case may be, shall control. Laws, 1993, ch. 534, § 7; reenacted and amended, Laws, 1995, ch. 431, § 7; reenacted and amended, Laws, 2000, ch. 345, § 7; reenacted without change, Laws, 2005, ch. 375, § 7; reenacted without change, Laws, 2009, ch. 556, § 7; reenacted without change, Laws, 2011, ch. 433, § 7, eff. 7/1/2011. Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 17, eff. 7/1/2015.

Miss. Code Ann. § 73-59-15

(1) This chapter shall not apply to: (a) Agricultural buildings, buildings used for agricultural purposes, buildings constructed as a community effort, or tenant houses; (b) Any person who undertakes construction or improvement on his own residence, or who acts as his own general contractor in the performance of construction or improvement on his own residence; (c) Any person who undertakes residential construction or improvement, or who acts as a general contractor in the performance of residential construction or improvement, or who acts under supervision of the owner-occupant with respect to residential construction or improvement, when the owner of such construction or improvement is related to such person by consanguinity or direct affinity, and the property or improvement will not be for sale, rent, public use or public assembly; (d) The owners of property who supervise, superintend, oversee, direct or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down or maintenance of any building, railroad, excavation, project, development, improvement, plant facility or any other construction undertaking on such property for use by such owner and which will not be for sale, rent, public use or public assembly; (e) Any contractor holding a valid license or certificate of responsibility for general construction from the board; (f) Any nonresident contractor holding a valid license or certificate of responsibility for building construction; (g) Any person who constructs two (2) single residences or less within a period of one (1) year in any county or municipality which does not require a building permit or any local certification for such construction, provided that the person is not building the residences for sale, profit or remuneration. (2) A person specified in subsection (1)(b) or (c) shall not make more than one (1) application for a permit to construct a single residence or shall not construct more than one (1) single residence within a period of one (1) year. There shall be a rebuttable presumption that such person intends to construct for the purpose of sale, lease, rent or any similar purpose if more than one (1) application is made for a permit to construct a single residence or if more than one (1) single residence is constructed within a period of one (1) year. Laws, 1993, ch. 534, § 8; reenacted and amended, Laws, 1995, ch. 431, § 8; Laws, 1998, ch. 535, § 4; reenacted and amended, Laws, 2000, ch. 345, § 8; reenacted without change, Laws, 2005, ch. 375, § 8; reenacted without change, Laws, 2009, ch. 556, § 8; reenacted without change, Laws, 2011, ch. 433, § 8; Laws, 2012, ch. 416, § 3, eff. 7/1/2012. Amended by Laws, 2022, ch. 502, HB 1163,§ 6, eff. 7/1/2022. Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 18, eff. 7/1/2015.

Miss. Code Ann. § 73-59-17

The building official, or other authority charged with the duty of issuing building or similar permits, of any municipality or county, shall refuse to issue a permit for any undertaking which would classify the applicant as a residential builder or remodeler under this chapter unless the applicant has furnished evidence that he is either licensed as required by this chapter or exempt from the requirements of this chapter. The building official, or other authority charged with the duty of issuing building or similar permits, shall also report to the board the name and address of any person who, in his opinion, has violated this chapter by accepting, or contracting to accomplish, work which would classify the person as a residential builder or remodeler under this chapter without a license or acknowledgement. Laws, 1993, ch. 534, § 9; reenacted, Laws, 1995, ch. 431, § 9; reenacted without change, Laws, 2000, ch. 345, § 9; reenacted without change, Laws, 2005, ch. 375, § 9; reenacted without change, Laws, 2009, ch. 556, § 9; reenacted without change, Laws, 2011, ch. 433, § 9, eff. 7/1/2011. Reenacted without change by Laws, 2015, ch. 410, SB 2508, 19, eff. 7/1/2015.

Miss. Code Ann. § 73-59-18

All residential contractors, in order to obtain a building permit in the State of Mississippi, shall possess a permit from the Department of Revenue issued under Section 27-65-27 . Notwithstanding the definitions of "residential builder" and "remodeler" in Section 73-59-1 , for purposes of this section, a residential contractor is a person or entity contracting or offering to contract with an owner or possessor of residential real estate to construct a residence or appurtenant structure thereon, or to repair or renovate any portion of a residence or appurtenant structure thereon, regardless of the cost of the project, and regardless of whether all or part of the cost is expected to be paid as a benefit of a property and casualty insurance policy. A residential contractor is not a person building, repairing or renovating his or her own personal residence. This section shall not apply to a residential contractor having a permanent place of business in the State of Mississippi or licensed under Section 31-3-1 et seq. Added by Laws, 2021, ch. 476, SB 2874,§ 1, eff. 4/22/2021.

Miss. Code Ann. § 73-59-21

(1) There is hereby created the Standing Committee on Residential Builders and Remodelers which shall be subordinate to the State Board of Contractors as set forth in Section 31-3-3 . The standing committee shall be composed of the two (2) residential builders who serve as members of the State Board of Contractors and three (3) additional residential builders as defined in Section 73-59-1 to be appointed by the Governor. The terms of the ex officio members shall be concurrent with their terms as members of the State Board of Contractors. The initial terms of the three (3) additional residential builders on the Standing Committee on Residential Builders and Remodelers shall be one (1), three (3) and five (5) years, respectively, beginning July 1, 2000. Upon the expiration of the initial term of any member not serving ex officio, his or her successor shall be appointed for a term of five (5) years. (2) The Governor shall appoint one (1) of the two (2) ex officio members as Chairman of the Standing Committee on Residential Builders and Remodelers. The Executive Director of the State Board of Contractors as set forth in Section 31-3-11 shall serve as secretary of the standing committee. The standing committee shall meet no less than once per quarter of each year at a date and time to be set by its chairman upon at least five (5) business days notice by regular mail. The members of the standing committee shall be entitled to receive a per diem as provided in Section 31-3-9 . (3) Three (3) members of the Standing Committee on Residential Builders and Remodelers shall constitute a quorum and a majority vote of those present and voting at any meeting shall be necessary to transact business. (4) The Standing Committee on Residential Builders and Remodelers shall have the power to make recommendations to the State Board of Contractors pertaining to all duties set forth in Sections 73-59-11 and 73-59-13 . The standing committee shall have only the power to make recommendations to the State Board of Contractors and the State Board of Contractors shall have the power and authority to accept or reject any recommendation made by the standing committee. Hearings regarding residential builders and remodelers shall be exclusively under the jurisdiction of the Standing Committee on Residential Builders and Remodelers. Laws, 2000, ch. 345, § 13, eff. 7/1/2000. Amended by Laws, 2015, ch. 410, SB 2508, 21, eff. 7/1/2015.

Miss. Code Ann. § 73-59-3

(1) Except as otherwise provided in Section 73-59-15 or Section 33-1-39 , the following persons or entities shall be licensed by the board annually as an active licensee or inactive licensee, as appropriate: (a) Persons or entities acting in the capacity as a residential builder; (b) Persons or entities acting in the capacity as a residential remodeler; (c) Persons or entities acting in the capacity as a construction manager through a contract or an agreement with the owner of the property being improved or constructed upon; (d) Any subcontractor, of any tier, performing the following work or within the following trade, on any residential construction or residential improvement project, no matter the dollar amount of the construction or improvements: (i) Electrical; (ii) Plumbing; (iii) Mechanical; and/or (iv) Heating, ventilation and/or air conditioning; and (e) Persons or entities acting in the capacity as a residential solar contractor. (2) As a prerequisite to obtaining a license or renewal thereof, each of the persons or entities in subsection (1) of this section shall submit to the board: (a) Proof of workers' compensation insurance, if required by applicable law; however, workers' compensation insurance shall not be required for inactive licensees; (b) A federal employment identification number or social security number. (3) The board may require liability insurance to be licensed under this chapter and it shall be reflected on the certificate of licensure; however, liability insurance shall not be required for inactive licensees. (4) The board shall issue or renew a license to persons or entities required by subsection (1) of this section to be licensed, upon payment to the board of the license fee. The initial license fee shall be Fifty Dollars ($50.00). The license fee may thereafter be increased or decreased by the board and cannot exceed One Hundred Dollars ($100.00); however, the receipts from fees collected by the board shall be no greater than the amount required to pay all costs and expenses incurred by the board in enforcing the provisions of this chapter. Twenty-five Dollars ($25.00) of the fee required by this section which is assessed to residential builders licensed under the provisions of Section 73-59-1 et seq. shall be deposited to the Construction Education Fund created pursuant to Section 31-3-14 and shall be distributed to the Mississippi Housing Institute. The remaining fees collected under this chapter shall be deposited into the special fund in the State Treasury known as the "State Board of Contractors Fund" created pursuant to Section 31-3-17 and shall be used for the administration and enforcement of this chapter and as provided in Section 31-3-14 . Amounts in such fund shall not lapse into the State General Fund at the end of a fiscal year. Interest accrued to such fund shall remain in the fund. All expenditures from the special fund shall be by requisition to the Department of Finance and Administration, signed by the executive director of the board and countersigned by the chairman or vice chairman of the board. (5) Except as provided in Section 33-1-39 , the license shall expire on the last day of the twelfth month following its issuance or renewal and shall become invalid unless renewed. The board may notify by mail or email every licensee under this chapter of the date of the expiration of his license and the amount of the fee required for renewal of the license for one (1) year. To receive notification by email, a licensee must notify the board of his desire to receive notification by email and provide an email address. Such notice may be mailed or emailed within thirty (30) days prior to the expiration date of the license. The failure on the part of any licensee to renew his license annually in such twelfth month shall not deprive such licensee of the right of renewal, provided that renewal is effected within one hundred eighty (180) days after the expiration date of the license by payment of the license fee plus a penalty of ten percent (10%) of the license fee. A new license required to replace a revoked, lost, mutilated or destroyed license may be issued, subject to the rules of the board, for a charge of not more than Fifty Dollars ($50.00). An inactive licensee may become an active licensee upon application meeting all the requirements of this section. (6) Any person who is not a resident of the State of Mississippi who desires to perform residential construction or residential improvement shall be licensed to perform such construction or improvement as provided by this chapter. Laws, 1993, ch. 534, § 2; reenacted and amended, Laws, 1995, ch. 431, § 2; Laws, 1998, ch. 535, § 1; reenacted and amended, Laws, 2000, ch. 345, § 2; Laws, 2002, ch. 396, § 1; Laws, 2004, ch. 368, § 2; reenacted without change, Laws, 2005, ch. 375, § 2; Laws, 2007, ch. 309, § 37; reenacted and amended, Laws, 2009, ch. 556, § 2; reenacted without change, Laws, 2011, ch. 433, § 2; Laws, 2012, ch. 416, § 2, eff. 7/1/2012. Amended by Laws, 2022, ch. 502, HB 1163,§ 4, eff. 7/1/2022. Reenacted and amended by Laws, 2015, ch. 410, SB 2508, 12, eff. 7/1/2015.

Miss. Code Ann. § 73-59-7

In the event of a catastrophe or emergency which arises out of a disaster, act of God, riot, civil commotion, conflagration or other similar occurrence, the board, upon application, may issue an emergency license to persons who are residents or nonresidents of this state and who may or may not be otherwise licensed residential builders or remodelers. Such emergency license shall remain in force for a period not to exceed ninety (90) days, unless extended for an additional period of ninety (90) days by the board or until a contract to build or remodel entered into during the period of the emergency license has been completed. Within five (5) days of any applicant beginning work as a residential builder or remodeler under this section, the employer or person contracting with such person shall certify to the board such application without being deemed in violation of this chapter, provided that the board, after notice and hearing, may take disciplinary action or revoke the emergency license upon grounds as otherwise contained in this chapter providing for such disciplinary action or revocation of a residential builder's or remodeler's license. The fee for an emergency license shall be in an amount not to exceed Fifty Dollars ($50.00) as determined by the board and shall be due and payable at the time of the issuance of such emergency license. Laws, 1993, ch. 534, § 4; reenacted, Laws, 1995, ch. 431, § 4; reenacted without change, Laws, 2000, ch. 345, § 4; reenacted without change, Laws, 2005, ch. 375, § 4; reenacted without change, Laws, 2009, ch. 556, § 4; reenacted without change, Laws, 2011, ch. 433, § 4, eff. 7/1/2011. Reenacted without change by Laws, 2015, ch. 410, SB 2508, 14, eff. 7/1/2015.

Miss. Code Ann. § 73-60-19

The requirements of this chapter shall not prevent the following from performing a visual inspection of a home that is within the scope of their license without further license from the board: specialty contractor, general contractor, architect, engineer, insurance adjuster, individual employed by a governmental entity, person employed by a bank, savings and loan or credit union, licensed real estate broker or salesperson, a licensed appraiser or a home builder. Laws, 2001, ch. 539, § 10, eff. 7/1/2001.

Miss. Code Ann. § 73-60-27

(1) On or after July 1, 2001, any person who acts as a home inspector, or holds himself or herself out as a home inspector, without being licensed under this chapter, shall, in addition to any other penalty provided by law, be liable for an administrative fine not to exceed One Thousand Dollars ($1,000.00) for a first offense and not to exceed Five Thousand Dollars ($5,000.00) for a second or subsequent offense as determined by the Appraisal Board. (2) The Appraisal Board has the authority and power to investigate any and all unlicensed activity. (3) No licensed home inspector may perform repairs on a residential building as part of or result of the home inspection. (4) After October 1, 2001, no person licensed under this chapter shall offer to perform or perform inspection services on new construction for a fee without having first obtained a residential home builders license from the Mississippi Board of Contractors and certification by the Southern Building Code Congress or any other national professional code organization. Laws, 2001, ch. 539, § 14, eff. 7/1/2001. Amended by Laws, 2024, ch. 376, SB 2788,§ 11, eff. 7/1/2024.

Miss. Code Ann. § 73-69-11

(1) Any person employed by an alarm contracting company shall hold an individual license issued by the State Fire Marshal. Such license shall authorize its holder to engage in alarm contracting, only to the extent of the terms as further provided in this chapter. (2) Such application shall be accompanied by: (a) Two (2) suitable photographs of the applicant acceptable to the State Fire Marshal. The State Fire Marshal shall keep one (1) photograph on file and shall make the other photograph a part of any license subsequently issued to the applicant. (b) Documentation that the applicant meets educational requirements applicable to the type of license for which he is applying, as follows: (i) For a Class B license: a minimum of Electronic Security Association, Level 2 A and Level 2 B Burglar Alarm training course or the Electronic Security Association, Fire Alarm Installation Methods and Advanced Intrusion Systems training courses, or equivalent training approved by the State Fire Marshal, and documentation proving residency within a radius of one hundred fifty (150) miles of the office to which he is assigned. (ii) For a Class C license: a minimum of Electronic Security Association Level 1 Certified Alarm/Security Technician training course, or equivalent training approved by the State Fire Marshal. (iii) For a Class D license: a minimum of Electronic Security Association, Understanding Electronic Security Systems training course, or equivalent training approved by the State Fire Marshal. (iv) For a Class H license: application by a Class B or Class C license holder that they will provide direct supervision of the Class H licensee. (c) (i) A statement by the applicant that he has not been convicted of a felony, received a first-time offender pardon for a felony, or entered a plea of guilty or nolo contendere to a felony charge. A felony that has been dismissed pursuant to the Mississippi Criminal Code or equivalent judicial dismissal shall not apply to this paragraph. (ii) A conviction or a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon shall not constitute an automatic disqualification as otherwise required pursuant to subparagraph (i) if ten (10) or more years have elapsed between the date of application and the successful completion or service of any sentence, deferred adjudication or period of probation or parole. (iii) Subparagraph (ii) shall not apply to any person convicted of a felony crime of violence or a sex offense as defined within the Mississippi Criminal Code. (d) The State Fire Marshal shall have the authority to conduct criminal history verification on a local, state or national level. Beginning on July 1, 2014, in order to assist the Office of the State Fire Marshal in determining an applicant's suitability for a license under this chapter, an applicant shall submit a set of fingerprints with the submission of an application for license. The Office of the State Fire Marshal shall forward the fingerprints to the Department of Public Safety for the purpose of conducting a criminal history record check. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. Fees related to the criminal history record check shall be paid by the applicant to the State Fire Marshal and the monies from such fees shall be deposited in the special fund in the State Treasury designated as the Electronic Protection Licensing Fund. (e) The application fee authorized by this chapter. (3) The State Fire Marshal shall have the authority to determine if information submitted by an applicant is in a form acceptable to him. The State Fire Marshal shall verify or have another entity verify information submitted by each applicant. (4) If the State Fire Marshal finds that an applicant has met the applicable requirements of the alarm licensing law, he shall issue the appropriate type of license to the applicant upon payment of the license fee authorized by this chapter. (5) Each individual license holder shall maintain his license on his person while engaging in any type of alarm contracting as applicable. Each such license holder shall present his license for inspection upon demand by an employee of the Office of the State Fire Marshal or a law enforcement officer. (6) Each individual license holder shall notify the State Fire Marshal, on a form specified and provided by the State Fire Marshal, within ten (10) days of the following: (a) Any change in business or home address. (b) Any separation from an employer or change in employer. (c) Any conviction for a felony or entry of a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon. (7) No individual licensed under this chapter shall contract for his services as an independent contractor or agent without applying for and being issued a Class A license per Section 73-69-9 . No alarm contracting company shall contract for the independent services of a holder of an individual license under this section. (8) The State Fire Marshal may enter into reciprocal agreements with other states for mutual recognition of individual license holders, if the State Fire Marshal has established the criteria for acceptance of reciprocal agreements by rule or regulation. The issuance of a license by reciprocity to a military-trained applicant, military spouse or person who establishes residence in this state shall be subject to the provisions of Section 73-50-1 or 73-50-2 , as applicable. (9) If the action by the State Fire Marshal is to nonrenew or to deny an application for license, the State Fire Marshal shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the State Fire Marshal within ten (10) days for a hearing before the State Fire Marshal to determine the reasonableness of the State Fire Marshal's action. The hearing shall be held within thirty (30) days. Laws, 2006, ch. 528, § 6, eff. 7/1/2006. Amended by Laws, 2021, ch. 398, HB 1263,§ 41, eff. 7/1/2021. Amended by Laws, 2014, ch. 525, SB 2697, 6, eff. 7/1/2014. Amended by Laws, 2013, ch. 350, SB 2419, 44, eff. 7/1/2013.

Miss. Code Ann. § 73-69-13

The State Fire Marshal is authorized to issue individual licenses to qualified applicants that entitles the license holder to perform the following: (a) Class B license: Alarm System Technician. Such license shall authorize its holder to design, plan, specify, lay out, sell, pre-wire, install, maintain, repair, test, inspect or service an electronic protective system while in the employ of an alarm contracting company. (b) Class C license: Alarm System Installer. Such license shall authorize its holder to design, plan, specify, lay out, sell, pre-wire, install, maintain, repair, test, inspect or service an electronic protective system while in the employ of an alarm contracting company. (c) Class D license: Alarm System Salesperson. Such license shall authorize its holder to design, plan, specify, lay out or sell an electronic protective system while in the employ of an alarm contracting company. (d) Class H license: Alarm System Helper. Such license shall authorize its holder to pre-wire, or assist a Class B or Class C license holder install or service an electronic protective system while under the direct supervision of a licensed Class B or Class C holder in the employ of an alarm contracting company. Laws, 2006, ch. 528, § 7, eff. 7/1/2006. Amended by Laws, 2014, ch. 525, SB 2697, 7, eff. 7/1/2014.

Miss. Code Ann. § 73-69-15

(1) No person or company shall engage in alarm contracting without holding a current and valid license issued by the State Fire Marshal as provided in this chapter. However, this requirement for licensure shall not apply to: (a) Any company or natural person licensed to perform electrical work by the Mississippi State Board of Contractors. This exception from licensure shall apply to the installation of wire, conduit, or other wire raceways, its associated boxes or fittings. This exception from licensure shall also apply to the employees of a company or natural person excepted by this paragraph, but only as to work performed by them on behalf of the excepted employer. Notwithstanding any other provisions of this chapter, no person licensed under this chapter may install primary power sources of sixty (60) volts or greater when such power source is being installed to operate low-voltage systems. (b) Any owner, management company or public institution and such person's or entity's employees while such person or entity is designing, installing, inspecting, repairing, servicing, recoding, adjusting or testing closed-circuit television alarm systems on the premises of the owner or public institution during the normal course and scope of his duties. (c) Any owner, management company or public institution and such person's or entity's employees while such person or entity is designing, installing, inspecting, repairing, servicing or testing a burglar alarm system only on the premises of the owner or public institution during the normal course and scope of his duties. (d) Any retailer that sells alarm systems as part of a multiproduct offering including any company and its affiliates, contractors, agents and employees that only sell alarm systems over the Internet or via a website, by telephone or in retail settings. This exception to licensure shall not apply to sales that take place door-to-door or physically inside or at or on a consumer's premises. (e) Any retailer or installer of smoke alarm warning systems, or single-station heat detectors, sold and installed to detect or warn of smoke or fire and intended for use in a residential one- or two-family dwelling or wholly within the confines of an individual living unit in a residential multifamily structure. (f) Any company, or its agents that monitor burglar alarm systems, intrusion detection systems, or electronic protection systems but that does not directly install such systems. (g) Any professional engineer licensed by the Mississippi Board of Registration for Professional Engineers and Land Surveyors. (h) Any owner, management company or public institution and such person's or entity's employees while such person or entity is designing, installing, inspecting, repairing, servicing, recoding, adjusting or testing telemedicine, store-and-forward telemedicine services, remote patient-monitoring services or mediation adherence-management services during the normal course and scope of his duties. (2) No person or company shall aid, abet, facilitate or otherwise assist any unlicensed person or company in engaging in alarm contracting, including, but not limited to, the sale of an electronic protective system as defined in this chapter when such person or company knew or should have known that the person or company thus assisted was unlicensed. (3) No person or company shall engage in alarm system contracting without holding a current and valid license issued by the State Fire Marshal as provided in this chapter. However, this requirement shall not apply to: An officer or employee of the United States, this state, or any political subdivision of either, while engaged in the performance of his official duties within the course and scope of his employment with the United States, this state, or any political subdivision of either. Laws, 2006, ch. 528, § 8, eff. 7/1/2006. Amended by Laws, 2014, ch. 525, SB 2697, 8, eff. 7/1/2014.

Miss. Code Ann. § 73-69-23

(1) Class I offenses shall be as follows: (a) Failure of an alarm contracting company to timely notify the State Fire Marshal of certain changes in the status of the licensee as required by this licensing law. (b) Failure of an alarm contracting company as applicable, to do either of the following: (i) Clearly display the company's license at its place of business as required. (ii) Replace a required Class B, license holder or its designated agent and to timely notify the State Fire Marshal as required by this licensing law. (c) Failure of an individual license holder to maintain his license on his person and to present it for inspection as required by this licensing law. (d) Assisting an unlicensed person or company to engage in alarm contracting or as prohibited. (e) Refuse to admit the State Fire Marshal or his designated representative to an operating location or refuse to cooperate in the purposes of such admittance as required. (2) Class II offenses shall be as follows: (a) Commission of a second Class I offense. (b) A Class I offense committed during a probation of one's licensure for a Class I offense. (3) A Class III offense shall be as follows: (a) The signature of or submission by an applicant or licensee of any document to the State Fire Marshal when the applicant or licensee knew that document contained false or intentionally misleading information. (b) Engaging in alarm contracting without a license as prohibited. (c) Engaging in alarm contracting during suspension of one's license. (d) The repeated willful commission of Class I or Class II offenses. (e) Failure by an alarm contracting company to maintain a general liability and errors and omissions insurance policy as required, or to maintain a workers' compensation insurance policy as required by state law. (f) Engaging in false, misleading or deceptive acts or practices. Laws, 2006, ch. 528, § 12, eff. 7/1/2006. Amended by Laws, 2014, ch. 525, SB 2697, 10, eff. 7/1/2014.

Miss. Code Ann. § 73-69-25

(1) The State Fire Marshal may impose, by written citation after reasonable notice and opportunity for hearing in accordance with the Administrative Procedures Act, penalties for violation of this chapter as provided in this section. Appeals from imposition of such penalties shall also be governed by the Administrative Procedures Act. (2) A Class I offense shall be punishable by any or all of the following: (a) Written reprimand by the State Fire Marshal. Such reprimand shall be a part of the record of the licensee and shall be maintained by the State Fire Marshal for a period of three (3) years. During such time, the reprimand may be given consideration in taking any subsequent disciplinary action against that licensee. (b) Probation of licensure for not more than twelve (12) months. Such probation may include placement of restrictions on the alarm contracting activities and the license of the offender. Any subsequent offense committed during probation will make the offender subject to penalties for a Class II offense. (c) A fine of not more than Five Hundred Dollars ($500.00) per offense. (3) A Class II offense shall be punishable by any or all of the following: (a) Any penalty authorized for a Class I offense. (b) Suspension of licensure for not more than twenty-four (24) months. (c) A fine of not more than One Thousand Dollars ($1,000.00) per offense. (4) A Class III offense shall be punishable by any or all of the following: (a) Any penalty authorized for a Class I or Class II offense. (b) Revocation of licensure. (c) A fine of not more than Five Thousand Dollars ($5,000.00) per offense. (5) The State Fire Marshal may impose a separate penalty for each separate commission of an offense. (6) Any person who knowingly and willfully violates any of the provisions of this chapter or any rules and regulations made hereunder shall be liable to the State of Mississippi for a civil penalty of not more than Five Thousand Dollars ($5,000.00) for each such violation. Each violation of a provision of this chapter or a rule or regulation made hereunder shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed Five Hundred Thousand Dollars ($500,000.00) for any related series of violations occurring within one (1) year from the date of the first violation. (7) In addition to any other penalty provided in this section, an alarm contracting company, individual director, officer or agent of an alarm contracting company who knowingly and willfully fails to obtain the applicable license under this chapter and who is required to obtain such license under this chapter, and who may knowingly and willfully violate any provisions of this chapter or any rules and regulations made hereafter with respect to, including, but not limited to, the sale, lease, rent, design or planning with the intent to pre-wire, pre-wiring, installation, maintenance, repair, testing modification, improvement, alteration, inspection or servicing of an electronic protective system, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than one (1) year, or both. Laws, 2006, ch. 528, § 13, eff. 7/1/2006. Amended by Laws, 2014, ch. 525, SB 2697, 11, eff. 7/1/2014.

Miss. Code Ann. § 73-69-27

(1) Except for requirements which pertain to all types of businesses generally, no county or municipality shall enact any new ordinance, rule or regulation regulating companies and persons subject to licensure pursuant to this chapter. (2) This chapter shall supersede any existing county or municipal ordinance, rule or regulation requiring certification or licensure of companies and persons engaged in alarm contracting, and such ordinances, rules and regulations shall be null, void and of no effect. (3) Additionally, this chapter shall supersede any existing county or municipal ordinance, rule or regulation requiring certification or licensure of companies and persons engaged in alarm contracting, battery-charged security fence contracting, closed-circuit video system contracting or electronic access control system contracting and such ordinances, rules and regulations shall be null, void and of no effect. (4) Notwithstanding any other law to the contrary, a municipality or county may not adopt or enforce an ordinance, order or regulation that: (a) Requires a permit or fee for the installation or use of a battery-charged security fence that is in addition to an alarm system permit issued by the municipality or county; no further permit or fee shall be required for the battery-charged security fence; (b) Imposes installation or operational requirements for the battery-charged security fence that are inconsistent with the requirements and standards described in Section 73-69-5(y) ; or (c) Prohibits the installation or use of a battery-charged security fence. Laws, 2006, ch. 528, § 14, eff. 7/1/2006. Amended by Laws, 2022, ch. 313, HB 823,§ 2, eff. 7/1/2022. Amended by Laws, 2014, ch. 525, SB 2697, 12, eff. 7/1/2014.

Miss. Code Ann. § 73-69-31

(1) Each alarm contracting company engaged in alarm contracting who sells an electronic protective system to a consumer shall immediately return the lockout, installer or programming code of the electronic protective system to the factory default setting when the consumer cancels the contract with the alarm contracting company and contracts with another alarm contracting company provided all contractual obligations are fulfilled. (2) In addition to the penalties provided in this chapter, any alarm contracting company who violates this section shall have its license revoked and be subject to a civil fine by the State Fire Marshal of not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Dollars ($2,000.00) per occurrence. Laws, 2006, ch. 528, § 16, eff. 7/1/2006. Amended by Laws, 2014, ch. 525, SB 2697, 13, eff. 7/1/2014.

Miss. Code Ann. § 73-69-5

As used in this chapter, the following terms shall have the meanings specified in this section: (a) "Alarm contracting" means providing an electronic protective system to another, including, but not limited to, the design, planning with the intent to pre-wire, pre-wiring, installation, maintenance, repair, testing, modification, improvement, alteration, inspection or servicing of an electronic protective system; holding one's self or one's company out for hire to perform any such task; or otherwise offering to perform any such task for compensation directly. (b) "Alarm contracting company" means an entity that holds a Class A license issued by the State Fire Marshal pursuant to this chapter. (c) "Alarm verification" means an attempt by a monitoring company or its representative to contact a burglar alarm location or a burglar alarm user by telephone or other electronic means to determine whether a burglar alarm signal is valid in an attempt to avoid unnecessary police response before requesting law enforcement to be dispatched to the location. Alarm verification further means that at least a second call shall be made to a different number if the first attempt fails to reach an alarm user. All persons licensed to monitor alarms in Mississippi shall employ alarm verification standards as defined in the latest version of ANSI/CSAA CS-V-01, for all burglar alarm signals except for hold-up alarms. (d) "Board" means the Electronic Protection Advisory Licensing Board. (e) "Burglar alarm" or "burglar alarm system" or "intrusion detection system" or "electronic protective system" means an alarm, alarm system or portion of such an alarm or system that is intended to detect or warn of an intrusion or other emergency in a structure. Such systems shall be certified per the latest version of ANSI/SIA CP01. (f) "Company" means a proprietorship, partnership, corporation, limited liability company or any other entity. (g) "Designated agent" means an owner or employee who holds a Class B license of an alarm contracting company who has been assigned the responsibility of submitting any notice required by this chapter to the State Fire Marshal. (h) "Supervision" means direct on-site supervision by a qualified license holder for the duties being performed. (i) "Electronic protective system" means a device or a series or assembly of interconnected devices which, when activated by automatic or manual means, produces an audible, visual or electronic signal intended to detect or warn of a threat to a structure or emergency to or from its occupants. This term shall include a battery-charged security fence, burglar alarm system, intrusion detection system, closed-circuit video system or electronic access control system, all as defined in this chapter, or a portion or combination of such alarms or systems. However, the term "electronic protective system" shall not include the following: (i) an alarm system installed in a motor vehicle; (ii) a burglar alarm system, or household fire warning system sold at retail to an individual end user for self-installation; (iii) a single-station fire alarm system sold at retail to an individual end user for self-installation or installed by a fire department, the State Fire Marshal Office, a public agency, a volunteer fire association or their designated representatives. (j) "Employee" means a person who performs services for wages or salary. (k) "Employer" means a person or entity who hires another to perform services for a wage or salary. (l) "Individual license" means a Class B, C, D or H license issued by the State Fire Marshal pursuant to this chapter. (m) "Licensee" means a person or entity to which a license is granted pursuant to this chapter. (n) "Officer" means the president, vice president, secretary, treasurer, comptroller or any other person who performs functions for an alarm contracting company, corresponding to those performed by those officers. (o) "Operating location" means a physical address that houses or maintains records of clients. (p) "Person" means a natural person or individual. (q) "Principal" means a person or entity that owns at least twenty percent (20%) of an alarm contracting company regardless of the form of organization. (r) "Salesperson" means a person who solicits another on behalf of an alarm contracting company by door-to-door personal interaction, or a person who participates in the design, planning, specification or layout of an electronic protective system on behalf of an alarm contracting company. (s) "Closed-circuit video system" means an electronic protective system that provides video surveillance of events, primarily by means of transmission, recording, or transmission and recording of visual signals through the use of cameras, receivers, monitors and other visual imaging systems. (t) "Electronic access control system" means an electronic protective system that is powered by the building's primary power source and is used as a process to grant or deny an individual access to a specific area or object based upon their possession of an item (which requires a decoder), a code or physical characteristic (biometrics). (u) "Smoke alarm" means a single- or multiple-station alarm responsive to smoke. (v) "Single-station alarm" means a detector comprising an assembly that incorporates sensor, control components and an alarm notification appliance in one (1) unit operated from a power source either located in the unit or obtained at the point of installation. (w) "Multiple-station alarm" means two (2) or more single-station alarm devices that can be interconnected so that actuation of one causes all integral or separate audible alarms to operate; or one (1) single-station alarm device having connections to other detectors or to a manual fire alarm box. (x) "Heat detector" means a fire detector that detects either abnormally high temperature or rate-of-temperature rise, or both. (y) "Battery-charged security fence" means an alarm system and ancillary components, or equipment attached to such a system, including, but not limited to: a fence, a battery-operated energizer which is intended to periodically deliver voltage impulses to the fence connected to it, and a battery charging device used exclusively to charge the battery. The battery-charged security fence shall meet all the following requirements: (i) Interfaces with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business and/or law enforcement in response to an intrusion or burglary; (ii) Is located on property that is not designated by a municipality or county exclusively for residential use; (iii) Has an energizer that is powered by a commercial storage battery that is not more than twelve (12) volts of direct current; (iv) Has an energizer that meets the standards set forth by the International Electrotechnical Commission Standard 60335-2-76, current edition; (v) Is surrounded by a nonelectric perimeter fence or wall that is not less than five (5) feet in height; (vi) Does not exceed ten (10) feet in height or two (2) feet higher than the nonelectric perimeter fence or wall described in subparagraph (v) of this paragraph, whichever is higher; (vii) Is marked with conspicuous warning signs that are located on the battery-charged security fence at not more than 30-feet intervals and that reads: "WARNING-ELECTRIC FENCE". Laws, 2006, ch. 528, § 3, eff. 7/1/2006. Amended by Laws, 2022, ch. 313, HB 823,§ 1, eff. 7/1/2022. Amended by Laws, 2014, ch. 525, SB 2697, 3, eff. 7/1/2014.

Miss. Code Ann. § 73-69-7

(1) The State Fire Marshal shall administer and enforce the provisions of this chapter and shall have the authority to promulgate and adopt such rules and regulations as may be necessary for such proper administration and enforcement. The Electronic Protection Advisory Licensing Board created in Section 73-69-21 shall advise the State Fire Marshal with respect to the rules and regulations of the provisions of this chapter. The State Fire Marshal shall have the authority to approve written training programs or acceptable equivalents for meeting the training requirements of this licensing law. The State Fire Marshal may also accept, as such an equivalent, licensure of a company or person by a jurisdiction outside this state, which has standards and requirements of practice which substantially conform to the provisions of this chapter. The State Fire Marshal shall also establish continuing education requirements. (2) Application for a Class A license. In order to engage in alarm contracting, a company shall apply for and obtain a Class A license for each operating location doing business in the state. A Class A license shall authorize a company to engage in any type of alarm contracting. An applicant for a Class A license shall submit the following to the State Fire Marshal: (a) Documentation that the company is an entity duly authorized to conduct business within this state. (b) Documentation that the company holds a general liability and errors and omissions insurance policy, or a surety bond, in an amount not less than Three Hundred Thousand Dollars ($300,000.00). (c) Documentation that the company carries a current and valid workers' compensation insurance policy as required by state law. (d) The name of the person who will serve as the designated agent of the company. (e) For a company applying for a Class A license, evidence that the company has at least one (1) employee who holds a Class B license at each of its operating locations. (f) A statement that no officer or principal has been convicted of a felony, has received a first-time offender pardon for a felony, or has entered a plea of guilty or nolo contendere to a felony charge. (g) The application fee authorized by this chapter. (h) Documentation that the company is located within the physical boundaries of the state. (i) Beginning on July 1, 2014, in order to assist the Office of the State Fire Marshal in determining an applicant's suitability for a license under this chapter, a Class A applicant, upon request from the State Fire Marshal, shall submit a set of fingerprints for all officers and principals with the submission of an application for license or at such time as deemed necessary by the State Fire Marshal. The Office of the State Fire Marshal shall forward the fingerprints to the Department of Public Safety for the purpose of conducting a criminal history record check. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. Fees related to the criminal history record check shall be paid by the applicant to the State Fire Marshal and the monies from such fees shall be deposited in the special fund in the State Treasury designated as the Electronic Protection Licensing Fund. (j) The name of each company providing monitoring services. (3) If the action by the State Fire Marshal is to nonrenew or to deny an application for license, the State Fire Marshal shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the State Fire Marshal within ten (10) days for a hearing before the State Fire Marshal to determine the reasonableness of the State Fire Marshal's action. The hearing shall be held within thirty (30) days. Laws, 2006, ch. 528, § 4, eff. 7/1/2006. Amended by Laws, 2014, ch. 525, SB 2697, 4, eff. 7/1/2014.

Miss. Code Ann. § 73-69-9

(1) Any entity desiring to engage in alarm contracting shall hold a Class A Alarm Contracting Business license issued by the State Fire Marshal. (2) If the State Fire Marshal finds that a company has met the requirements of licensing, he shall issue a Class A license to engage in alarm contracting to that company upon payment of the license fee authorized by this chapter. Such license shall include the name of the designated agent of the alarm contracting company as applicable. (3) Each alarm contracting company shall be physically located within the boundaries of the state and shall clearly display its license in a conspicuous location at its place of business. (4) Each alarm contracting company shall employ a Class B license holder. (5) The designated agent of an alarm contracting company shall notify the State Fire Marshal within ten (10) days of the following: (a) Any change in the business address of the company. (i) Any change in ownership of or interest in the company. (ii) Any owner, partner or other principal with an interest in the company, which has been convicted of a felony or entered a plea of guilty or nolo contendere to a felony charge or received a first-time offender pardon. (b) Any change in the employment of a person holding an individual license. (c) A change of the company providing monitoring services. (6) In the event of the death of its designated agent or his separation from the company for any other reason, an alarm contracting company shall name another qualified owner or manager as its designated agent within ninety (90) days and shall notify the State Fire Marshal of such designation within ten (10) days. (7) Each alarm contracting company doing business in the state shall be open for inspection by the State Fire Marshal or his designated representative at any reasonable time for the purpose of observation and collection of facts and data relating to proper enforcement of this chapter. No person acting on behalf of an alarm contracting company shall refuse to admit the State Fire Marshal or his designated representative to an operating location. (8) Client records must be maintained for inspection by the State Fire Marshal for a three-year period. Laws, 2006, ch. 528, § 5, eff. 7/1/2006. Amended by Laws, 2014, ch. 525, SB 2697, 5, eff. 7/1/2014.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)