Mississippi Fire Protection Licensing Law

Mississippi Code · 2 sections

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

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. § 73-69-5

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.

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