reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 39 - STATEWIDE CRIME STOPPERS ADVISORY COUNCIL (§§ 45-39-1 — 45-39-17) › Section 45-39-7 - Records; confidentiality

(1)
Council records relating to reports of criminal acts are confidential.
(2)
Evidence of a communication between a person submitting a report of a criminal act to the council or a local crime stoppers program and the person who accepted the report on behalf of the council or local crime stoppers program is not admissible in a court or an administrative proceeding whether the evidence is held by the council or a local crime stoppers program or is held by a telecommunication service provider.
(3)
Records of the council or a local crime stoppers program concerning a report of criminal activity and records of a telecommunication service provider relating to a report made to the council or to a local crime stoppers program may not be compelled to be produced before a court or other tribunal except on the motion of a criminal defendant to the court in which the offense is being tried that the records or report contain evidence that is exculpatory to the defendant in the trial of that offense. On motion of a defendant under this subsection, the court may subpoena the records or report. The court shall conduct an in-camera inspection of materials produced under subpoena to determine whether the materials contain evidence that is exculpatory to the defendant. If the court determines that the materials produced contain evidence that is exculpatory to the defendant, the court shall present the evidence to the defendant in a form that does not disclose the identity of the person who was the source of the evidence, unless the state or federal constitution requires the disclosure of that person's identity. The court shall execute an affidavit accompanying the disclosed materials swearing that, in the opinion of the court, the materials disclosed represent the exculpatory evidence the defendant is entitled to receive under this section. The court shall return to the council or to the local crime stoppers program materials that are produced under this section but not disclosed to the defendant. The council or local crime stoppers program shall store the materials until the conclusion of the criminal trial and the expiration of the time for all direct appeals in the case.
Laws, 1996, ch. 529, § 4; Laws, 2002, ch. 308, § 3, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 39 - STATEWIDE CRIME STOPPERS ADVISORY COUNCIL (§§ 45-39-1 — 45-39-17) › Section 45-39-9 - Offenses

A person who is a member or employee of the council or who accepts a report of criminal activity on behalf of a local crime stoppers program is guilty of a misdemeanor if the person intentionally or knowingly divulges to a person not employed by a law enforcement agency the content of a report of a criminal act or the identity of the person who made the report without the consent of the person who made the report.
A person convicted of an offense under this section shall be punished as provided in Section
99-19-31
, Mississippi Code of 1972, and is not eligible for state employment during the five-year period following the date that the conviction becomes final.
Laws, 1996, ch. 529, § 5, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 39 - STATEWIDE CRIME STOPPERS ADVISORY COUNCIL (§§ 45-39-1 — 45-39-17) › Section 45-39-11 - Establishment and operation of a toll-free telephone number for reporting information about criminal acts

The council shall establish and operate a toll-free telephone service and make the service accessible to persons residing in areas of the state not served by a local crime stoppers program for reporting to the council information about criminal acts. The toll-free service must be available between the hours of 5:00 p.m. and 8:00 a.m. Monday through Thursday and from 5:00 p.m. Friday until 8:00 a.m. Monday. The council shall forward the information received to appropriate law enforcement agencies or local crime stoppers programs.
Laws, 1996, ch. 529, § 6, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 39 - STATEWIDE CRIME STOPPERS ADVISORY COUNCIL (§§ 45-39-1 — 45-39-17) › Section 45-39-13 - Intent

The establishment of any Crime Stoppers Advisory Council shall not impede the intent or process of the Vulnerable Adults Acts of 1986 as provided in Section
43-47-1
et seq.
Laws, 1996, ch. 529, § 7, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 39 - STATEWIDE CRIME STOPPERS ADVISORY COUNCIL (§§ 45-39-1 — 45-39-17) › Section 45-39-15 - Local crime stoppers programs

The board of supervisors of a county and the governing authority of a municipality are authorized to contribute funds to a local crime stoppers program from the general fund of the county or municipality or any other available source if the local crime stoppers program is established to operate, in whole or in part, within the boundaries of that county or municipality.
This chapter shall not repeal or affect any local and private act establishing a county or local crime stoppers program providing for the operation and funding of such program.
Laws, 1996, ch. 529, § 8; Laws, 2002, ch. 308, § 2, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 39 - STATEWIDE CRIME STOPPERS ADVISORY COUNCIL (§§ 45-39-1 — 45-39-17) › Section 45-39-17 - Certain localities authorized to assess surcharge upon persons fined for certain misdemeanors to fund local crime stoppers programs

In addition to any other monetary penalties and other penalties imposed by law, any county or municipality by ordinance may assess an additional surcharge in an amount not to exceed Two Dollars ($2.00) on each person upon whom a county, justice or municipal court imposes a fine or other penalty for any misdemeanor other than offenses relating to vehicular parking or registration if there is established to the benefit of the citizens of the county or municipality a local crime stoppers program which is not authorized to receive funds under local and private legislation. The proceeds from the surcharge may be used by a county or municipality only to fund that county's or municipality's support of the local crime stoppers program as authorized by Section
45-39-15
, Mississippi Code of 1972. The proceeds from the surcharge imposed by this section shall be deposited into a special fund in the Department of Public Safety's Office of Public Safety Planning which shall promulgate rules and procedures relating to the administration of the special fund and the disbursement of monies in the fund to participating counties and municipalities. The maximum amount that a county or municipality may receive from the special fund shall be an amount equal to the deposits made into the fund by that entity, less one percent (1%) to be retained by the Office of Public Safety Planning to defray the costs of administering the special fund. Interest earned on the special fund shall remain in the fund and shall be used by the Office of Public Safety Planning to further defray the costs of administering the special fund.
Laws, 2002, ch. 308, § 1, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-1 - Short title

This chapter shall be known and cited as the "William Lee Montjoy Pool Safety Act."
Laws, 2012, ch. 508, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-5 - Applicability

The provisions of this chapter shall only apply to: a pool owned, controlled or maintained by the owner of a multiunit rental complex, property owners association, or private club; and doors and windows of rental dwellings opening into the pool yard of a multiunit rental complex or a condominium, cooperative, or townhome project. This chapter does not apply to any private club that does not allow members or guests under the age of twelve (12) or to any multiunit rental complex that does not allow residents under the age of twelve (12).
Laws, 2012, ch. 508, § 3, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-7 - Certain property owners or owners associations that own, control or maintain a pool required to completely enclose pool yard

(1)
Except as otherwise provided by Section
45-43-11
, the owner of a multiunit rental complex with a pool or a property owners association that owns, controls or maintains a pool shall completely enclose the pool yard with a pool yard enclosure.
(2)
The height of the pool yard enclosure must be at least forty-eight (48) inches as measured from the ground on the side away from the pool.
(3)
Openings under the pool yard enclosure may not allow a sphere four (4) inches in diameter to pass under the pool yard enclosure.
(4)
If the pool yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is at least forty-five (45) inches, the openings may not allow a sphere four (4) inches in diameter to pass through the enclosure.
(5)
If the pool yard enclosure is constructed with horizontal and vertical members and the distance between the tops of the horizontal members is less than forty-five (45) inches, the openings may not allow a sphere one and three-fourths (1-3/4) inches in diameter to pass through the enclosure.
(6)
The use of chain-link fencing materials is prohibited entirely for a new pool yard enclosure that is constructed after July 1, 2012. The use of diagonal fencing members that are lower than forty-nine (49) inches above the ground is prohibited for a new pool yard enclosure that is constructed after July 1, 2012.
(7)
Decorative designs or cutouts on or in the pool yard enclosure may not contain any openings greater than one and three-fourths (1-3/4) inches in any direction.
(8)
Indentations or protrusions in a solid pool yard enclosure without any openings may not be greater than normal construction tolerances and tooled masonry joints on the side away from the pool.
(9)
Permanent equipment or structures may not be constructed or placed in a manner that makes them readily available for climbing over the pool yard enclosure.
(10)
The wall of a building may be part of the pool yard enclosure only if the doors and windows in the wall comply with Sections
45-43-13
and
45-43-15
.
(11)
The owner of a multiunit rental complex with a pool, or a property owners association that owns, controls or maintains a pool, is not required to:
(a)
Build a pool yard enclosure at specified locations or distances from the pool other than distances for minimum walkways around the pool; or
(b)
Conform secondary pool yard enclosures, located inside or outside the primary pool yard enclosure, to the requirements of this chapter.
Laws, 2012, ch. 508, § 4, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-9 - Requirements for gates and latches

(1)
Except as otherwise provided by Section
45-43-11
, a gate in a fence or wall enclosing a pool yard as required by Section
45-43-7
shall:
(a)
Have a self-closing and self-latching device;
(b)
Have hardware enabling it to be locked, at the option of whoever controls the gate, by a padlock or a built-in lock operated by key, card, or combination; and
(c)
Open outward away from the pool yard.
(2)
Except as otherwise provided by subsection (3) of this section and Section
45-43-11
, a gate latch must be installed so that it is at least sixty (60) inches above the ground, except that it may be installed lower if:
(a)
The latch is installed on the pool yard side of the gate only and is at least three (3) inches below the top of the gate; and
(b)
The gate or enclosure has no opening greater than one-half (1/2) inch in any direction within eighteen (18) inches from the latch, including the space between the gate and the gatepost to which the gate latches.
(3)
A gate latch may be located forty-two (42) inches or higher above the ground if the gate cannot be opened except by key, card, or combination on both sides of the gate.
Laws, 2012, ch. 508, § 5, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-11 - Applicability to existing pool yard enclosures

(1)
If a pool yard enclosure is constructed or modified before July 1, 2012, the provisions of this chapter shall not apply, except that any gate in a pool yard enclosure shall conform to Section
45-43-9
no later than January 1, 2013.
(2)
This chapter provides no exemption from any local ordinance that may apply to the pool yard enclosure.
(3)
A pool yard enclosure modified on or after July 1, 2012, shall conform with this section and Sections
45-43-7
and
45-43-9
as a part of the modification.
Laws, 2012, ch. 508, § 6, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-13 - Requirements regarding doors that open into pool yard

(1)
A door, sliding glass door, or French door may not open directly into a pool yard if the date of electrical service for initial construction of the building or pool is on or after July 1, 2012.
(2)
A door, sliding glass door, or French door may open directly into a pool yard if the date of electrical service for initial construction of the building or pool is before July 1, 2012, and the pool yard enclosure complies with subsection (3), (4) or (5) of this section, as applicable.
(3)
If a door of a building, other than a sliding glass door or screen door, opens into the pool yard, the door must have a:
(a)
Latch that automatically engages when the door is closed;
(b)
Spring-loaded door-hinge pin, automatic door closer, or similar device to cause the door to close automatically; and
(c)
Keyless bolting device that is installed not less than thirty-six (36) inches or more than forty-eight (48) inches above the interior floor.
(4)
If French doors of a building open to the pool yard, one (1) of the French doors must comply with subsection (3)(a) of this section and the other door must have:
(a)
A keyed dead bolt or keyless bolting device capable of insertion into the doorjamb above the door, and a keyless bolting device capable of insertion into the floor or threshold; or
(b)
A bolt with at least a three-fourths (3/4) inch throw installed inside the door and operated from the edge of the door that is capable of insertion into the doorjamb above the door and another bolt with at least a three-fourths (3/4) inch throw installed inside the door and operated from the edge of the door that is capable of insertion into the floor or threshold.
(5)
If a sliding glass door of a building opens into the pool yard, the sliding glass door must have:
(a)
A sliding-door handle latch or sliding-door security bar that is installed not more than forty-eight (48) inches above the interior floor; and
(b)
A sliding-door pin lock that is installed not more than forty-eight (48) inches above the interior floor.
(6)
A door, sliding glass door, or French door that opens into a pool yard from an area of a building that is not used by residents and that has no access to an area outside the pool yard is not required to have a lock, latch, dead bolt, or keyless bolting device.
(7)
A keyed dead bolt, keyless bolting device, sliding-door pin lock, or sliding-door security bar installed before July 1, 2012, may be installed not more than fifty-four (54) inches from the floor.
(8)
A keyed dead bolt or keyless dead bolt, as described by Section
45-43-3
, installed in a dwelling on or after July 1, 2012, must have a bolt with a throw of not less than one (1) inch.
Laws, 2012, ch. 508, § 7, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-15 - Use of a wall of a building as part of pool yard enclosure; when permitted

A wall of a building constructed before July 1, 2012, may not be used as part of a pool yard enclosure unless each window in the wall has a latch and unless each window screen on a window in the wall is affixed by a window screen latch, screws, or similar means. This section does not require the installation of window screens. A wall of a building constructed on or after July 1, 2012, may not be used as part of a pool yard enclosure unless each ground floor window in the wall is permanently closed and unable to be opened.
Laws, 2012, ch. 508, § 8, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-17 - Compliance with Sections 45-43-13 and 45-43-15

Each door, sliding glass door, window, and window screen of each dwelling unit in a residential building located in the enclosed pool yard must comply with Sections
45-43-13
and
45-43-15
.
Laws, 2012, ch. 508, § 9, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-19 - Inspection, maintenance, repair and upkeep of pool yard enclosures, gates, windows, doors, latching devices, etc

(1)
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 shall exercise ordinary and reasonable care to inspect, maintain, repair and keep in good working order the pool yard enclosures, gates and self-closing and self-latching devices required by this chapter and within the control of the owner or property owners association.
(2)
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 shall exercise ordinary and reasonable care to maintain, repair and keep in good working order the window latches, sliding-door handle latches, sliding-door pin locks, and sliding-door security bars required by this chapter and within the control of the owner or property owners association after request or notice from the tenant that those devices are malfunctioning or in need of repair or replacement.
(3)
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 shall inspect the pool yard enclosures, gates, and self-closing and self-latching devices on gates no less than once every thirty-one (31) days.
(4)
An owner's or property owners association's duty of inspection, repair, and maintenance under this section may not be waived under any circumstances and may not be enlarged except by written agreement with a tenant or occupant of a multiunit rental complex or a member of a property owners association or as may be otherwise allowed by this chapter.
Laws, 2012, ch. 508, § 10, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-21 - Compliance with chapter; exceeding chapter standards

(1)
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.
(2)
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.
(3)
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.
Laws, 2012, ch. 508, § 11, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 45-43-23 - Enforcement of chapter

(1)
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)
A court order directing the owner or property owners association to comply with this chapter;
(b)
A judgment against the owner or property owners association for actual damages resulting from the failure to comply with the requirements of this chapter;
(c)
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
(d)
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).
(2)
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.
Laws, 2012, ch. 508, § 12, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 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.
Laws, 2012, ch. 508, § 13, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 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:
(a)
Pool yard enclosures;
(b)
Pool yard enclosure gates and gate latches, including self-closing and self-latching devices;
(c)
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
(d)
Latches on windows that open into a pool yard area and that are owned and controlled by the owner or property owners association.
Laws, 2012, ch. 508, § 14, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 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.
Laws, 2012, ch. 508, § 15, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 43 - WILLIAM LEE MONTJOY POOL SAFETY ACT (§§ 45-43-1 — 45-43-31) › Section 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.
Laws, 2012, ch. 508, § 16, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 45-45-1 - Short title

This chapter shall be known and may be cited as the Mississippi Conveyance Safety Act.
Added by Laws, 2013, ch. 405, HB 817, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 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.
Added by Laws, 2013, ch. 405, HB 817, 2, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 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
:
(a)
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):
(i)
Elevators;
(ii)
Platform lifts;
(iii)
Stairway chairlifts.
(b)
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):
(i)
Escalators;
(ii)
Moving walks.
(c)
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):
(i)
Dumbwaiters;
(ii)
Material lifts and dumbwaiters with automatic transfer devices.
Added by Laws, 2013, ch. 405, HB 817, 3, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 45-45-7 - Equipment not covered by chapter

(1)
Equipment not covered by this chapter includes, but is not limited to, the following:
(a)
Material hoists within the scope of ANSI A10.5;
(b)
Man lifts within the scope of ASME A90.1;
(c)
Mobile scaffolds, towers and platforms within the scope of ANSI A92;
(d)
Powered platforms and equipment for exterior and interior maintenance within the scope of ANSI A120.1;
(e)
Conveyors and related equipment within the scope of ASME B20.1;
(f)
Cranes, derricks, hoists, hooks, jacks and slings within the scope of ASME B30;
(g)
Industrial trucks within the scope of ASME B56;
(h)
Portable equipment, except for portable escalators that are covered by ASME A17.1/CSA B44 and ASME A17.7/CSA B44.7;
(i)
Tiering or piling machines used to move materials to and from storage located and operating entirely within one (1) story;
(j)
Equipment for feeding or positioning materials at machine tools, printing presses, or similar equipment;
(k)
Kip or furnace hoists;
(l)
Wharf ramps;
(m)
Railroad car lifts or dumpers;
(n)
Line jacks, false cars, shafters, moving platforms and similar equipment used for installing an elevator by an elevator contractor licensed in this state.
(2)
The provisions of this chapter shall not apply to any conveyance that is located in a private residence.
Added by Laws, 2013, ch. 405, HB 817, 4, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 45-45-11 - Persons authorized to erect, construct, alter, replace, maintain, test, remove, dismantle or wire conveyances

(1)
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.
(2)
Only a person who possesses an elevator inspector license is authorized to inspect conveyances identified in this chapter.
Added by Laws, 2013, ch. 405, HB 817, 6, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 45-45-13 - Promulgation of regulations for equipment, fees and licenses regulated by chapter

(1)
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.
(2)
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.
(3)
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.
Added by Laws, 2013, ch. 405, HB 817, 7, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 45-45-17 - Reasons license may be suspended, revoked or subject to civil penalty

(1)
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:
(a)
Any false statement as to a material matter in the application.
(b)
Fraud, misrepresentation or bribery in securing a license.
(c)
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.
(2)
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.
(3)
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.
(4)
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.
Added by Laws, 2013, ch. 405, HB 817, 9, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 45-45-19 - Registration of conveyances

(1)
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.
(2)
Conveyances placed in service on or after July 1, 2013, shall be registered at the time they are completed and placed in service.
Added by Laws, 2013, ch. 405, HB 817, 10, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 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.
Added by Laws, 2013, ch. 405, HB 817, 11, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 45-45-23 - Permit required before erecting, constructing, installing or altering conveyances; application for permit; revocation or expiration of permit

(1)
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.
(2)
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.
(3)
Permits may be revoked for the following reasons:
(a)
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.
(b)
Where the permit was issued in error and should not have been issued in accordance with the code.
(c)
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.
(d)
Where the elevator contractor to whom the permit was issued fails or refuses to comply with a stop work order.
(4)
(a)
A permit expires if the work authorized by a permit is not commenced within six (6) months after the date of issuance.
(b)
For good cause, an extension of the permit may be granted.
(5)
A permit is not required for a repair.
(6)
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.
Added by Laws, 2013, ch. 405, HB 817, 12, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 45-45-25 - New conveyance installations to be performed by licensed elevator contractors; certificate of operation; annual renewal

(1)
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.
(2)
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.
Added by Laws, 2013, ch. 405, HB 817, 13, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 45-45-27 - Inspection and testing of conveyances

(1)
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 violations. However, if the conveyance is an elevator that serves only two (2) adjacent floors, the owner may request an exemption from the annual inspection requirement pursuant to rules and regulations promulgated by the commissioner governing said exemption. Property owners shall have thirty (30) days from the date of the published inspection report to be in full compliance with correcting the violations.
(2)
(a)
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.
(b)
All tests shall be performed by a licensed elevator mechanic.
Amended by Laws, 2020, ch. 447, HB 773,§ 3, eff. 7/1/2020.
Added by Laws, 2013, ch. 405, HB 817, 14, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 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).
Added by Laws, 2013, ch. 405, HB 817, 15, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 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.
Added by Laws, 2013, ch. 405, HB 817, 16, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 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.
Added by Laws, 2013, ch. 405, HB 817, 17, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 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.
Added by Laws, 2013, ch. 405, HB 817, 18, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 45 - PUBLIC SAFETY AND GOOD ORDER (§§ 45-NEW-NEW — 45-51-NEW-006) › Chapter 45 - MISSISSIPPI CONVEYANCE SAFETY ACT (§§ 45-45-1 — 45-45-37) › Section 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.
Added by Laws, 2013, ch. 405, HB 817, 19, eff. 7/1/2013.