reglab/housing_qa huggingface dataset:
MS Code § 45-43-21 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 43 - William Lee Montjoy Pool Safety Act|§ 45-43-21. Compliance with chapter; exceeding chapter standards

  Except as provided by subsection (2) of this section and Section 45-43-23, a person who constructs or modifies a pool yard enclosure to conform with this chapter may not be required to construct the enclosure differently by a local governmental entity, common law or any other law.   An owner of a multiunit rental complex or a rental dwelling in a condominium, cooperative, or townhome project with a pool or a property owners association that owns, controls or maintains a pool may, at the person's option, exceed the standards of this chapter or those adopted by the State Board of Health under Section 45-43-23.A tenant or occupant in a multiunit rental complex and a member of a property owners association may, by express written agreement, require the owner of the complex or the association to exceed those standards.   A municipality may continue to require greater overall height requirements for pool yard enclosures if the requirements exist under the municipality's ordinances on July 1, 2012.
MS Code § 45-43-23 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 43 - William Lee Montjoy Pool Safety Act|§ 45-43-23. Enforcement of chapter

  A tenant of an owner of a multiunit rental complex, a member of a property owners association, a governmental entity, or any other person or the person's representative may maintain an action against the owner or property owners association for failure to comply with the requirements of this chapter.In that action, the person may obtain:   A court order directing the owner or property owners association to comply with this chapter;   A judgment against the owner or property owners association for actual damages resulting from the failure to comply with the requirements of this chapter;   A judgment against the owner or property owners association for attorney's fees if the actual damages to the person were caused by the owner's or property owners association's intentional, malicious or grossly negligent actions; or   A judgment against the owner or property owners association for a civil penalty of not more than Five Thousand Dollars ($5,000.00) if the owner or property owners association fails to comply with this chapter within a reasonable time after written notice by a tenant of the multiunit rental complex or a member of the property owners association; the court may award reasonable attorney's fees and costs to the prevailing party in an action brought under this subsection (1)(d).     The Attorney General, a local health department, a municipality, or a county having jurisdiction may enforce this chapter by any lawful means, including inspections, permits, fees, civil fines, criminal prosecutions, injunctions, and after required notice, governmental construction or repair of pool yard enclosures that do not exist or that do not comply with this chapter.
MS Code § 45-43-25 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 43 - William Lee Montjoy Pool Safety Act|§ 45-43-25. Applicability to other bodies of water

 The owner of a multiunit rental complex or a property owners association is not required to enclose a body of water or construct barriers between the owner's or property owners association's property and a body of water such as an ocean, bay, lake, pond, bayou, river, creek, stream, spring, reservoir, stock tank, culvert, drainage ditch, detention pond, or other flood or drainage facility.
MS Code § 45-43-27 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 43 - William Lee Montjoy Pool Safety Act|§ 45-43-27. Relation to other laws, regulations

 Except to the extent that any local or state regulation or local ordinance imposes a stricter standard, the duties established by this chapter for an owner of a multiunit dwelling project, an owner of a dwelling in a condominium, cooperative, or townhome project and a property owners association supersede those established by common law and any local or state agency regulation and local ordinances relating to duties to inspect, install, repair or maintain:   Pool yard enclosures;   Pool yard enclosure gates and gate latches, including self-closing and self-latching devices;   Keyed dead bolts, keyless bolting devices, sliding-door handle latches, sliding-door security bars, self-latching and self-closing devices, and sliding-door pin locks on doors that open into a pool yard area and that are owned and controlled by the owner or property owners association; and   Latches on windows that open into a pool yard area and that are owned and controlled by the owner or property owners association.
MS Code § 45-43-29 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 43 - William Lee Montjoy Pool Safety Act|§ 45-43-29. Remedies not exclusive

 The remedies contained in this chapter are not exclusive and are not intended to affect existing remedies allowed by law or other procedures.
MS Code § 45-43-31 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 43 - William Lee Montjoy Pool Safety Act|§ 45-43-31. Construction and purpose

 The provisions of this chapter shall be liberally construed to promote its underlying purpose which is to prevent swimming pool deaths and injuries in this state.
MS Code § 45-45-1 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-1. Short title

 This chapter shall be known and may be cited as the Mississippi Conveyance Safety Act.
MS Code § 45-45-3 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-3. Purpose of chapter

 The purpose of this chapter is to provide for the safety of conveyance equipment and personnel, and to promote public safety awareness. This chapter establishes the minimum standards for conveyance personnel and services. The use of unsafe or defective lifting devices imposes a substantial probability of serious and preventable injury to employees and the public. The prevention of these injuries and protection of employees and the public from unsafe conditions is in the best interest of the people of this state. Conveyance personnel performing work covered by this chapter shall, by documented training and/or experience, be familiar with the operation and safety functions of the components and equipment. Training and experience shall include, but not be limited to, recognizing the safety hazards and performing the procedures required under this chapter.
MS Code § 45-45-5 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-5. Equipment covered by chapter

 This chapter covers the design, construction, operation, inspection, testing, maintenance, alteration and repair of the following equipment, its associated parts, and its hoistways, except as provided by Section 45-45-7:   Hoisting and lowering mechanisms equipped with a car or platform that moves between two (2) or more landings. This equipment includes, but is not limited to, the following (also see ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, ASME A17.3 and ASME A18.1):   Elevators;   Platform lifts;   Stairway chairlifts.   Power-driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, the following (also see ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, and ASME A17.3):   Escalators;   Moving walks.   Hoisting and lowering mechanisms equipped with a car that serves two (2) or more landings and is restricted to the carrying of material by its limited size or limited access to the car. This equipment includes, but is not limited to, the following (also see ASME A17.1/CSA B44, ASME A17.7/CSA B44.7, and ASME A17.3):   Dumbwaiters;   Material lifts and dumbwaiters with automatic transfer devices.
MS Code § 45-45-7 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-7. Equipment not covered by chapter

  Equipment not covered by this chapter includes, but is not limited to, the following:   Material hoists within the scope of ANSI A10.5;   Man lifts within the scope of ASME A90.1;   Mobile scaffolds, towers and platforms within the scope of ANSI A92;   Powered platforms and equipment for exterior and interior maintenance within the scope of ANSI A120.1;   Conveyors and related equipment within the scope of ASME B20.1;   Cranes, derricks, hoists, hooks, jacks and slings within the scope of ASME B30;   Industrial trucks within the scope of ASME B56;   Portable equipment, except for portable escalators that are covered by ASME A17.1/CSA B44 and ASME A17.7/CSA B44.7;   Tiering or piling machines used to move materials to and from storage located and operating entirely within one (1) story;   Equipment for feeding or positioning materials at machine tools, printing presses, or similar equipment;   Kip or furnace hoists;   Wharf ramps;   Railroad car lifts or dumpers;   Line jacks, false cars, shafters, moving platforms and similar equipment used for installing an elevator by an elevator contractor licensed in this state.     The provisions of this chapter shall not apply to any conveyance that is located in a private residence.
MS Code § 45-45-11 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-11. Persons authorized to erect, construct, alter, replace, maintain, test, remove, dismantle or wire conveyances

  Only a person who is working under the direct supervision of a licensed elevator contractor and who possesses an elevator mechanic license is authorized to erect, construct, alter, replace, maintain, test, remove, dismantle or wire from the mainline feeder terminals on the controller of any conveyance contained within buildings or structures in this state. Supervision by a licensed elevator contractor is not required for removing or dismantling conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure whereby no access is permitted to endanger the safety and welfare of a person.   Only a person who possesses an elevator inspector license is authorized to inspect conveyances identified in this chapter.
MS Code § 45-45-13 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-13. Promulgation of regulations for equipment, fees and licenses regulated by chapter

  The Commissioner of Insurance shall promulgate regulations for the equipment, fees and licenses regulated by this chapter. The regulations shall consider the latest Safety Code for Elevators and Escalators, ASME A17.1/CSA B44; the Safety Code for Existing Elevators and Escalators, ASME A17.3; the Performance-Based Safety Code for Elevators and Escalators, ASME A17.7/CSA B44.7, the Safety Standards for Platform Lifts and Stairway Chairlifts, ASME A18.1; and Standard for the Qualification of Elevator Inspectors, ASME QEI-1.   The licensing authority shall consult with engineering authorities and organizations that are concerned with standard safety codes, the rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation, and inspection of conveyances and the qualifications that are adequate, reasonable and necessary for licensing as an elevator mechanic, contractor and inspector.   Exceptions and variances from the literal requirements of applicable standards and regulations may be granted in cases where an exception or variance would not jeopardize the public safety and welfare.
MS Code § 45-45-17 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-17. Reasons license may be suspended, revoked or subject to civil penalty

  A license issued pursuant to this chapter may be suspended, revoked or subject to civil penalty by the administrator upon verification that any one or more of the following reasons exist:   Any false statement as to a material matter in the application.   Fraud, misrepresentation or bribery in securing a license.   Failure to notify the licensing authority and the owner or lessee of an elevator or other conveyance in any condition that is not in compliance with this chapter.     No license shall be suspended, revoked, denied or subject to civil penalty until after a hearing before the administrator upon notice and hearing to the licensee or applicant of at least twenty (20) days at the last known address appearing on the license or application, served personally or by registered mail. The administrator may suspend or revoke the license, deny the application, levy a civil penalty, or dismiss the proceeding.   Any person, sole proprietor, firm, or corporation whose license is revoked, suspended or subject to civil penalty, or whose license application is denied, may appeal from such determination to the Commissioner of Insurance, which shall within thirty (30) days thereafter, hold a hearing, of which at least fifteen (15) days' written notice shall be given to all interested parties. The commissioner shall, within thirty (30) days after such hearing, issue a decision.   Any person, sole proprietor, firm or corporation whose license is revoked suspended or subject to civil penalty, or whose license application is denied, may appeal from such determination to the Chancery Court of the First Judicial District of Hinds County, Mississippi, within twenty (20) days of the final ruling.
MS Code § 45-45-19 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-19. Registration of conveyances

  On or before December 31, 2014, the owner or lessee of every conveyance not exempted under this chapter shall register with the Commissioner of Insurance each conveyance owned or operated by the owner or lessee, giving the type, rated load and speed, name of manufacturer, its location, the purpose for which it is used, and such additional information as may be required.   Conveyances placed in service on or after July 1, 2013, shall be registered at the time they are completed and placed in service.
MS Code § 45-45-21 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-21. Inspection, testing installation, service and maintenance of conveyances

 A licensee shall inspect, test, install, service and maintain conveyances in compliance with the provisions and standards of the State Fire Prevention and Building Code.
MS Code § 45-45-23 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-23. Permit required before erecting, constructing, installing or altering conveyances; application for permit; revocation or expiration of permit

  A permit must be obtained before a conveyance covered by this chapter shall be erected, constructed, installed or altered within buildings or structures in this state. Where any material alteration is made, the device shall conform to applicable requirements as determined by the commissioner. A permit may be issued only to a licensed elevator contractor, and a copy of the permit shall be kept at the construction site at all times while the work is in progress.   Each application for a permit shall be accompanied by copies of specifications and accurately scaled and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room/machinery space and the equipment to be installed, relocated or altered; all structural supporting members thereof, including foundations; and shall specify all materials to be employed and all loads to be supported or conveyed. The plans and specifications shall be sufficiently complete to illustrate all details of construction and design.   Permits may be revoked for the following reasons:   Where any false statement or misrepresentation as to the material facts was made in the application, plans, or specifications on which the permit was based.   Where the permit was issued in error and should not have been issued in accordance with the code.   Where the work detailed under the permit is not being performed in accordance with the provisions of the application, plans or specifications or with the code or conditions of the permit.   Where the elevator contractor to whom the permit was issued fails or refuses to comply with a stop work order.       A permit expires if the work authorized by a permit is not commenced within six (6) months after the date of issuance.   For good cause, an extension of the permit may be granted.     A permit is not required for a repair.   The commissioner may by rules and regulations establish a fee schedule for the permits and certifications issued under this section. The fee schedule must be similar to fees charged for the same services in surrounding states.
MS Code § 45-45-25 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-25. New conveyance installations to be performed by licensed elevator contractors; certificate of operation; annual renewal

  All new conveyance installations shall be performed by a licensed elevator contractor who must certify compliance with this chapter upon completion of the work. Before any conveyance is used, the property owner or lessee must obtain a certificate of operation. It is the responsibility of the licensed elevator contractor to complete and submit first-time registration(s) for new installations.   A certificate of operation is renewable annually, except that certificates issued for platform and stairway chairlifts for private residences shall be valid for a period of three (3) years. A certificate of operation must be clearly displayed on or in each conveyance or in the machine room/machinery space for use for the benefit of code enforcement staff.
MS Code § 45-45-27 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-27. Inspection and testing of conveyances

  It shall be the responsibility of the owner of all new and existing conveyances located in any building or structure to have the conveyance inspected annually (ASME A17.1/CSA B44, category one) by a licensed elevator inspector who shall supply the property owner or lessee and the licensing authority with a written inspection report that describes any and all code violation. Property owners shall have thirty (30) days from the date of the published inspection report to be in full compliance with correcting the violations.     It shall be the responsibility of the owner of all conveyances to hire an elevator contractor or a limited elevator contractor to supervise the required tests at intervals in compliance with the ASME A17.1/CSA B44 Appendix N, ASME A18.1 and ASCE 21.   All tests shall be performed by a licensed elevator mechanic.
MS Code § 45-45-29 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-29. Penalty for violation of chapter

 Any owner or lessee who shall violate any of the provisions of this chapter, upon conviction thereof, shall be fined in an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00).
MS Code § 45-45-31 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-31. Prospective application of chapter

 The provisions of this chapter are not retroactive unless otherwise stated and equipment shall be required to comply with the applicable code at the date of its installation or within the period determined by the Commissioner of Insurance. If, upon the inspection of any device covered by this chapter, the equipment is found in dangerous condition or there is an immediate hazard to those riding or using such equipment, the administrator shall notify the owner of the condition and any corrective action taken, or required by the administrator, and shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition. Further, upon a finding of a danger to the public, the administrator may order the immediate cessation of the use of such device.
MS Code § 45-45-33 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-33. Construction of chapter

 This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing any elevator or other related mechanism covered by this chapter for damages to person or property caused by any defect therein, nor does the state assume any such liability or responsibility therefor or any liability to any person for whatsoever reason by the enactment of this chapter or any acts or omissions arising hereunder.
MS Code § 45-45-35 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-35. Mississippi Elevator and Conveyance Fund created; source and use of monies in fund

 There is created a special fund to be designated as the "Mississippi Elevator and Conveyance Fund." The fund shall consist of monies appropriated by the act of the Legislature and monies collected by the Commissioner of Insurance for licenses, fees and penalties levied pursuant to this chapter. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund. The Commissioner of Insurance may contract with a third party to assist the commissioner with carrying out the purposes of this chapter. The Commissioner of Insurance may use the monies in this fund to defray the costs of administration of this chapter, including, but not limited to, using the monies in this fund to pay a third party a reasonable fee for its services.
MS Code § 45-45-37 (2020)
2020 Mississippi Code|Title 45 - Public Safety and Good Order|Chapter 45 - Mississippi Conveyance Safety Act|§ 45-45-37. Promulgation of rules and regulations for licensing and enforcement of chapter

 The Commissioner of Insurance shall have authority to promulgate rules and regulations for licensing and enforcement for all provisions in this chapter.