reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 7 - Rules and Regulations for the Mississippi Fire Prevention Code › Rule 19-7-7.09 - Appeals

Current through June 25, 2024
7.09.1 : Board of Adjustments and Appeals
The Board of Adjustments and Appeals is a board appointed to
				  hear grievances filed on orders issued by fire officials. The Board shall be
				  appointed in accordance with Chapter 1, Section 108 of the most current edition
				  of the International Fire Code.
7.09.2 : State Board of Adjustments and Appeals
A. The State Board of Adjustments and Appeals
				shall be appointed by the State Fire Marshal to hear grievances filed on orders
				issued by the State Chief Deputy Fire Marshal, State Deputy Fire Marshals, and
				his duly authorized representative.
B. The State Board shall be appointed by the
				State Fire Marshal in accordance with Chapter 1, Appendix A, Board of Appeals
				of the most current edition of the International Fire Code.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 7 - Rules and Regulations for the Mississippi Fire Prevention Code › Rule 19-7-7.10 - Public Assemblies

Current through June 25, 2024
7.10.1 :
				Inspection of Exits
A. Inspection of exits
				shall be conducted not more than ninety (90) minutes prior to the scheduled
				commencement of any non-continuous activity, event, performance, show, meeting,
				function, or other occasion for which persons will gather in commercial places
				of public assembly as defined in the most current Edition of the International
				Fire Code as published by the International Code Council, as same may be
				revised or amended.
B. The owner
				(or his designee pursuant of written authority, instructions, or procedures)
				shall inspect every required exit, way of approach thereto, and way of
				departure therefrom.
C. If said
				inspection reveals that any required means of egress is obstructed,
				inaccessible, locked, fastened, or otherwise unsuited for immediate use, the
				scheduled program shall not begin, nor shall admittance to the place of
				assembly be permitted, until necessary corrective action has been completed.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 7 - Rules and Regulations for the Mississippi Fire Prevention Code › Rule 19-7-7.11 - Compliance Standards for Sale of Burglar Bars

Current through June 25, 2024
Any burglar bars offered for sale or installation to the
				  public in the state of Mississippi shall meet the following minimum
				  specifications in the International Code Council (ICC), Chapter 3, Section R310
				  Emergency Escape and Rescue Openings and incorporated in the Mississippi Code
				  as stated below.
R310.1
Emergency escape and rescue opening required.
Basements, habitable attics and every sleeping room shall
				  have not less than one operable emergency escape and rescue opening. Where
				  basements contain one or more sleeping rooms, an emergency escape and rescue
				  opening shall be required in each sleeping room. Emergency escape and rescue
				  openings shall open directly into a public way, or to a yard or court that
				  opens to a public way.
Exception:
Storm shelters and basements used
				  only to house mechanical equipment not exceeding a total floor area of 200
				  square feet (18.58 m).
R310.1.1
Operational constraints and opening control devices.
Emergency escape and rescue openings shall be operational
				  from the inside of the room without the use of keys, tools or special
				  knowledge. Window opening control devices complying with ASTM F 2090 shall be
				  permitted for use on windows serving as a required emergency escape and rescue
				  opening.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 7 - Rules and Regulations for the Mississippi Fire Prevention Code › Rule 19-7-7.12 - Penalties

Current through June 25, 2024
7.12.1 : Code Violation- Miss. Code §
									45-11-111
A. Any person, firm or corporation who shall
				knowingly and willfully violate the terms or provisions of the Mississippi Fire
				Prevention Code shall be guilty of a misdemeanor and upon conviction therefore
				shall be sentenced to pay a fine of not to exceed $1,000.00.
B. In cases of continuing violations without
				reasonable effort on the part of the defendant to correct same, each day the
				violation continues thereafter shall be a separate offense.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 7 - Rules and Regulations for the Mississippi Fire Prevention Code › Rule 19-7-7.13 - Severability

Current through June 25, 2024
If any section or portion of a section of this Regulation or
				  the application thereof is held by a court to be invalid, such invalidity shall
				  not affect any other provision of that section or application of the Regulation
				  which can be given effect without the invalid provision or application, and to
				  this end the provisions of the Regulation are declared to be severable.
Miss. Code §
										45-11-101
				  (Supp. 2018)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 7 - Rules and Regulations for the Mississippi Fire Prevention Code › Rule 19-7-7.14 - Effective Date

Current through June 25, 2024
This Regulation supersedes prior versions of Mississippi
				  Administrative Code Title 19, Part 7, Chapter 7, and shall become effective
				  January 1, 2020.
Miss. Code §
										25-43-3.113
				  (Supp. 2018)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 8 - General L.C. Gas Regulations › Rule 19-7-8.01 - Transfer of Liquids

Current through June 25, 2024
When an LP-Gas container is used for motor fuel, farm
				  implements, portable containers or similar service and cannot be serviced due
				  to excessive vapor pressure in the fuel container, vapor pressure may be
				  reduced to facilitate fueling by venting to the atmosphere, provided the liquid
				  transfer is located not less than 50 feet from the nearest important building
				  and in an open area without undue hazard to any building or surrounding
				  property and there is no open flame or other source of ignition in the area.
				  Passenger-carrying vehicles shall not be fueled in this manner while passengers
				  are on board.
Miss. Code Ann.
				  §§
										75-57-1, et seq.
				  (Rev. 2009)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 8 - General L.C. Gas Regulations › Rule 19-7-8.02 - Appliances › Section 19-7-8.02.1

Current through June 25, 2024
Room Heaters. Unvented room heaters may be installed in
					 residential sleeping quarters and bathrooms provided the aggregate input rating
					 does not exceed 20 BTU's per hour per cubic foot of room or space in which it
					 is installed.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 8 - General L.C. Gas Regulations › Rule 19-7-8.02 - Appliances › Section 19-7-8.02.2 - Heating Appliances In Stationary Mobile Homes. Vented or Non-vented type circulating room heaters may be installed in stationary mobile homes for use with LP-Gas as follows

Current through June 25, 2024
A. The appliance
				  must be listed for use with LP-Gas by the American Gas Association or
				  othernationally recognized testing laboratory.
B. The appliance must be installed in
				  accordance with NFPA-54 provisions for combustionand circulating air.
C. A clayback heater cannot be used; however
				  a heater with a cool-type cabinet may be used.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 8 - General L.C. Gas Regulations › Rule 19-7-8.03 - Effective Date

Current through June 25, 2024
This regulation will become effective thirty (30) days after
				  the Final Rule is filed.
Source:Miss. Code Ann.
				  §
										25-43-3.113,
				  et seq. (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 9 - (2011-2) Handling of Liquefied Compressed Gas Containers › Rule 19-7-9.01 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to set forth minimum
				  standards for the use and handling of ASME liquefied petroleum gas containers
				  by liquefied petroleum/compressed gas dealers.
Source:Miss. Code Ann.
				  §
										75-57-105
				  (Rev. 2009)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 9 - (2011-2) Handling of Liquefied Compressed Gas Containers › Rule 19-7-9.02 - Authority

Current through June 25, 2024
This Regulation is promulgated by the Liquefied Compressed
				  Gas Board with the approval of the Commissioner of Insurance, pursuant to Miss.
				  Code Ann. §
									75-57-105
				  (Rev. 2000), as well as the provision of the Mississippi Department of
				  Insurance Regulation No. 88-101, said Regulation being the Rules of Practice
				  and Procedure before the Mississippi Insurance Department.
Source:Miss. Code Ann.
				  §
										75-57-105
				  (Rev. 2009)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 9 - (2011-2) Handling of Liquefied Compressed Gas Containers › Rule 19-7-9.03 - Scope

Current through June 25, 2024
This Regulation shall apply to all liquefied petroleum gas
				  dealers, their agents and employees.
Source:Miss. Code Ann.
				  §
										75-57-105
				  (Rev. 2009)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 9 - (2011-2) Handling of Liquefied Compressed Gas Containers › Rule 19-7-9.04 - Requirements

Current through June 25, 2024
A. In order to promote the public safety by
				avoiding the contamination of ASME containers and by assuring the proper
				reconditioning of service valves and containers, all dealers shall be required
				to mark, label, or otherwise designate liquefied petroleum gas containers in
				such a manner as to easily identify such containers as being owned by the
				particular dealer. No dealer shall sell, install, fill, refill, deliver or
				permit to be delivered, or use in any manner any ASME liquefied petroleum gas
				container unless such container is owned by such dealer or its use is
				authorized by the owner of such container.
B. No liquefied petroleum gas dealer,
				including its agents and employees, may dismantle, disconnect, evacuate,
				repair, deface, fill, or refill a container belonging to another dealer unless:
1. Prior written permission shall have been
				granted by the dealer who owns the container;
2. Prior written permission shall have been
				granted by the owner or lessee of the premises where the container is located,
				except the owner or lessee may not grant permission to fill or refill a
				container;
3. The action is taken
				at the discretion of the authority having jurisdiction as defined in NFPA
				Pamphlet 58; or
4. The action is
				taken under a declared state of emergency.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 9 - (2011-2) Handling of Liquefied Compressed Gas Containers › Rule 19-7-9.05 - Date of Compliance

Current through June 25, 2024
All liquefied petroleum gas dealers, their agents and
				  employees shall comply with this Regulation from and after the Effective Date
				  of this regulation, as set forth in Section 8, below.
Miss. Code Ann. §
										75-57-105
				  (Rev. 2009)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 9 - (2011-2) Handling of Liquefied Compressed Gas Containers › Rule 19-7-9.06 - Violations and Penalties

Current through June 25, 2024
Failure of a liquefied petroleum gas dealer, his agents and
				  employees to comply with the provisions of this regulation shall be considered
				  a violation of
Miss. Code Ann
. §§75-57- 107
				  and 75-57-109, and may result in a monetary penalty and/or revocation of the
				  dealer's liquefied compressed gas permit.
Miss. Code Ann. §
										75-57-105
				  and §
										75-57-109
				  (Rev. 2009)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 9 - (2011-2) Handling of Liquefied Compressed Gas Containers › Rule 19-7-9.07 - Severability

Current through June 25, 2024
If any section or portion of a section of this Regulation or
				  the application thereof is held by a court to be invalid, such invalidity shall
				  not affect any other provision of that section or application of the Regulation
				  which can be given effect without the invalid provision or application, and to
				  this end the provisions of the Regulation are declared to be
				  severable.
Miss. Code Ann. §
										75-57-105
				  (Rev. 2009); §
										45-11-101,
				  et seq.(Rev 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 9 - (2011-2) Handling of Liquefied Compressed Gas Containers › Rule 19-7-9.08 - Effective Date

Current through June 25, 2024
The Effective Date of this Regulation shall be thirty (30)
				  days from the filing for final adoption with the Secretary of
				  State.
Miss. Code Ann. §
				  25-4-3.113 (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.01 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to set forth the rules and
				  regulations governing the testing, certification, marking, and sale of fire
				  standard compliant cigarettes in the State of Mississippi.
Miss. Code Ann. §
										45-12-1
				  et seq.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.02 - Authority

Current through June 25, 2024
This Regulation is promulgated by the Commissioner of
				  Insurance, through his power as State Fire Marshal, as required pursuant to the
				  provision of the Mississippi Fire Safety Standard and Firefighter Protection
				  Act ("Act") Senate Bill 2249, 2009 Regular Session, as approved by the Governor
				  of Mississippi, as well as the provisions of Mississippi Department of
				  Insurance Regulation No. 88-101, said regulation being the Rules of Practice
				  and Procedure before the Mississippi Insurance Department, of which the State
				  Fire Marshal's Office is a division.
Miss. Code Ann. §
										45-12-1
				  et seq.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.03 - Scope

Current through June 25, 2024
This Regulation shall apply to individuals and companies who
				  sell or offer to sell cigarettes in the State of Mississippi.
This Regulation and the Act shall supersede any existing
				  county or municipal ordinance, rule or regulation. Any such rules and
				  regulations shall be null, void and of no effect. Further, no county or
				  municipality shall enact any new ordinance, rule or regulation regulating
				  companies and persons subject to licensure pursuant to this Regulation and the
				  Act.
Miss. Code Ann. §
										45-12-1
				  et seq. (Supp. 2012)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.05 - Test method and performance standard

Current through June 25, 2024
A. Except as
				provided in subsection (7) of this section, no cigarettes may be sold or
				offered for sale in this state or offered for sale or sold to persons located
				in this state unless the cigarettes have been tested in accordance with the
				test method and meet the performance standard specified in this section, a
				written certification has been filed by the manufacturer with the State Fire
				Marshal in accordance with Section
				45-12-7,
				and the cigarettes have been marked in accordance with Section
				45-12-9.
1. Testing of cigarettes shall be conducted
				in accordance with the American Society of Testing and Materials (ASTM)
				Standard E2187-04, "Standard Test Method for Measuring the Ignition Strength of
				Cigarettes."
2. Testing shall be
				conducted on ten (10) layers of filter paper.
3. No more than twenty-five percent
				(25[CENT]) of the cigarettes tested in a test trial in accordance with this
				section shall exhibit full-length burns. Forty (40) replicate tests shall
				comprise a complete test trial for each cigarette tested.
4. The performance standard required by this
				section shall only be applied to a complete test trial.
5. Written certifications shall be based upon
				testing conducted by a laboratory that has been accredited pursuant to Standard
				ISO/IEC 17025 of the International Organization for Standardization (ISO), or
				other comparable accreditation standard required by the State Fire
				Marshal.
6. Laboratories conducting
				testing in accordance with this section shall implement a quality control and
				quality assurance program that includes a procedure that will determine the
				repeatability of the testing results. The repeatability value shall be no
				greater than nineteen percent (19%).
7. This section does not require additional
				testing if cigarettes are tested consistent with this chapter for any other
				purpose.
8. Testing performed or
				sponsored by the State Fire Marshal to determine a cigarette's compliance with
				the performance standard required shall be conducted in accordance with this
				section.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.06 - Certification and product change

Current through June 25, 2024
A. Each
				manufacturer shall submit, in a form made available by the State Fire Marshal,
				a written certification attesting that:
1.
				Each cigarette listed in the certification has been tested in accordance with
				Section
				45-12-5;
				and
2. Each cigarette listed in the
				certification meets the performance standard set forth in Section
				45-12-5.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.07 - Marking of cigarette packaging

Current through June 25, 2024
A. Cigarettes that
				are certified by a manufacturer in accordance with Section
				45-12-7
				shall be marked to indicate compliance with the requirements of Section
				45-12-5.
				The marking shall be in eight-point type or larger and consist of the letters
				"FSC," which signifies Fire Standard Compliant, permanently printed, stamped,
				engraved or embossed on the package at or near the UPC Code.
B. A manufacturer shall use only one (1)
				marking, and shall apply this marking uniformly for all packages, including,
				but not limited to, packs, cartons, and cases, and brands marketed by that
				manufacturer.
C. Manufacturers
				certifying cigarettes in accordance with Section
				45-12-7
				shall provide a copy of the certifications to all wholesale dealers and agents
				to which they sell cigarettes. Wholesale dealers, agents and retail dealers
				shall permit the State Fire Marshal, the commissioner, the Attorney General and
				their employees to inspect markings of cigarette packaging marked in accordance
				with this section.
Miss. Code Ann. §
										45-12-9
				  (Supp. 2012)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.08 - Violations and Penalties

Current through June 25, 2024
The Commissioner shall have the ability to issue penalties
				  due to violations of the Act or Regulation, as more specifically stated in this
				  Section.
A. The following are
				violations that will result in administrative action by the Commissioner:
1. A manufacturer, wholesale dealer, agent or
				any other person or entity who knowingly sells or offers to sell cigarettes,
				other than through retail sale, in violation of Section
				45-12-5,
				shall be subject to a civil penalty not to exceed One Hundred Dollars ($
				100.00) for each pack of such cigarettes sold or offered for sale, provided
				that in no case shall the penalty against any such person or entity exceed One
				Hundred Thousand Dollars ($ 100,000.00) during any thirty-day period.
2. A retail dealer who knowingly sells or
				offers to sell cigarettes in violation of Section
				45-12-5
				shall be subject to a civil penalty not to exceed One Hundred Dollars ($
				100.00) for each pack of such cigarettes sold or offered for sale, provided
				that in no case shall the penalty against any retail dealer exceed Twenty-five
				Thousand Dollars ($ 25,000.00) for sales or offers to sale during any
				thirty-day period.
3. In addition
				to any penalty prescribed by law, any corporation, partnership, sole
				proprietor, limited partnership or association engaged in the manufacture of
				cigarettes that knowingly makes a false certification pursuant to Section
				45-12-7
				shall be subject to a civil penalty of at least Seventy-five Thousand Dollars
				($ 75,000.00) and not to exceed Two Hundred Fifty Thousand Dollars ($
				250,000.00) for each such false certification.
4. Any person violating any other provision
				in this section shall be liable for a civil penalty for a first offense not to
				exceed One Thousand Dollars ($ 1,000.00), and for a subsequent offense shall be
				liable for a civil penalty not to exceed Five Thousand Dollars ($ 5,000.00),
				for each such violation.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.09 - Implementation

Current through June 25, 2024
A. The State Fire Marshal may promulgate
				rules and regulations, pursuant to Section 25-43-1 et seq., necessary to
				effectuate the purposes of this chapter.
B. The commissioner in the regular course of
				conducting inspections of wholesale dealers, agents and retail dealers, as
				authorized under Section
				27-69-1 et seq.,
				may inspect such cigarettes to determine if the cigarettes are marked as
				required by Section
				45-12-9.
				If the cigarettes are not marked as required, the commissioner shall notify the
				State Fire Marshal.
Miss. Code Ann. §
										45-12-13
				  (Supp. 2012)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.10 - Inspection

Current through June 25, 2024
To enforce the provisions of this chapter, the Attorney
				  General, the commissioner and the State Fire Marshal, their duly authorized
				  representatives and other law enforcement personnel, are hereby authorized to
				  examine the books, papers, invoices and other records of any person in
				  possession, control or occupancy of any premises where cigarettes are placed,
				  stored, sold or offered for sale, as well as the stock of cigarettes on the
				  premises. Every person in the possession, control or occupancy of any premises
				  where cigarettes are placed, sold or offered for sale, is hereby directed and
				  required to give the Attorney General, the commissioner and the State Fire
				  Marshal, their duly authorized representatives and other law enforcement
				  personnel, the means, facilities and opportunity for the examinations
				  authorized by section
				  45-12-15
				  of the Mississippi Code.
Miss. Code Ann. §
										45-12-15
				  (Supp. 2012)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.11 - Cigarette Fire Safety Standard and Firefighter Protection Fund

Current through June 25, 2024
There is hereby established in the State Treasury a special
				  fund to be known as the "Cigarette Fire Safety Standard and Firefighter
				  Protection Fund." The fund shall consist of all certification fees paid under
				  Section
				  45-12-7
				  and all monies recovered as penalties under Section
				  45-12-11.
				  The monies shall be deposited to the credit of the fund and shall, in addition
				  to any other monies made available for such purpose, be used by the State Fire
				  Marshal to defray costs incurred by the State Fire Marshal in fulfilling his
				  duties under this chapter, and to support fire safety and prevention
				  programs.
Miss. Code Ann. §
										45-12-17
				  (Supp. 2012)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.12 - Sale outside of Mississippi

Current through June 25, 2024
Nothing in this section shall be construed to prohibit any
				  person or entity from manufacturing or selling cigarettes that do not meet the
				  requirements of Section
				  45-12-5
				  if the cigarettes are, or will be, stamped for sale in another state or are
				  packaged for sale outside the United States and that person or entity has taken
				  reasonable steps to ensure that such cigarettes will not be sold or offered for
				  sale to persons located in this state.
Miss. Code Ann. §
										45-12-19
				  (Supp. 2012)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.13 - Preemption

Current through June 25, 2024
This chapter shall be repealed if a federal reduced cigarette
				  ignition propensity standard is adopted and becomes
				  effective.
Miss. Code Ann. §
										45-12-21
				  (Supp. 2012)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.14 - Local regulation

Current through June 25, 2024
Miss. Code Ann. §
									45-12-23
				  (Rev. 2012) preempts any local law, ordinance or regulation that conflicts with
				  any provision of said chapter or any policy of the state implemented in
				  accordance with said chapter and, notwithstanding any other provision of law, a
				  governmental unit of this state may not enact or enforce an ordinance, local
				  law or regulation conflicting with or preempted by said chapter.
Miss. Code Ann. §
										45-12-23
				  (Supp. 2012)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 10 - Rules Regarding the Mississippi Fire Standard and Firefighter Protection Act › Rule 19-7-10.15 - Effective Date

Current through June 25, 2024
This Regulation shall become effective thirty (30) days after
				  adoption.
Miss. Code Ann. §
										25-43-3.113,
				  et seq. (Supp. 2012)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 11 - Notification Requirements Involving Ownership and Employee Changes › Rule 19-7-11.01 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to set forth notification
				  requirements that Liquefied Compressed Gas Dealers must follow when abandoning
				  or assuming ownership of a Liquefied Compressed Gas Dispensing System and/or
				  when certified employee turnover occurs.
Miss. Code Ann.
				  §
										75-57-105
				  (Rev. 2016).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 11 - Notification Requirements Involving Ownership and Employee Changes › Rule 19-7-11.02 - Authority

Current through June 25, 2024
This Regulation is promulgated by the Liquefied Compressed
				  Gas Board with the approval of the Commissioner of Insurance, pursuant to
Miss. Code Ann.
§
									75-57-105
				  (Rev. 2016), and in accordance with the Mississippi Administrative Procedures
				  Law,
Miss. Code Ann.
§
									25-43-1.101,
et seq.
(Rev. 2010 and Supp. 2016), and the Mississippi
				  Insurance Department Regulation 19
Miss. Admin. Code
, Part 1,
				  Chapter 15, said Regulation being the "Rules of Practice and Procedure Before
				  the Mississippi Insurance Department".
Miss. Code Ann.
				  §§
										75-57-105
				  (Rev. 2016) and 25-43-1.101, et seq. (Rev. 2010 and Supp. 2016); 19 Miss.
				  Admin. Code, Part 1, Chapter 15.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 11 - Notification Requirements Involving Ownership and Employee Changes › Rule 19-7-11.03 - Scope

Current through June 25, 2024
This Regulation shall apply to all Liquefied Compressed Gas
				  Dealers.
Miss. Code Ann.
				  §
										75-57-105
				  (Rev. 2016).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 11 - Notification Requirements Involving Ownership and Employee Changes › Rule 19-7-11.04 - Definitions

Current through June 25, 2024
For purposes of this Regulation, the following terms are
				  defined as follows, unless the context clearly indicates otherwise:
a) "Certified employee" means a Liquefied
				Compressed Gas Dealer's employee that has received applicable training and has
				become properly certified with the Mississippi Insurance Department's Liquefied
				Compressed Gas Division for related Liquefied Compressed Gas activities.
b) "Certified employee turnover"
				includes, but is not limited to, when:
(1) a
				certified employee either ends or begins his or her employment with a Dealer,
				and
(2) when a non-certified
				employee is hired by a Dealer to perform Liquefied Compressed Gas activities
				that require certification with the Mississippi Insurance Department's
				Liquefied Compressed Gas Division prior to engaging in said Liquefied
				Compressed Gas activities.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 11 - Notification Requirements Involving Ownership and Employee Changes › Rule 19-7-11.05 - Notification Requirements

Current through June 25, 2024
To ensure the accuracy of the Mississippi Insurance
				  Department's Liquefied Compressed Gas Dispensing System ownership and certified
				  employee records, and to ensure that only properly certified employees engage
				  in related Liquefied Compressed Gas activities, all Liquefied Compressed Gas
				  Dealers are required to promptly notify the Mississippi Insurance Department
				  when abandoning or assuming ownership of a Liquefied Compressed Gas Dispensing
				  System and/or when certified employee turnover occurs. Such notifications
				  should be directed to the Mississippi Insurance Department's Liquefied
				  Compressed Gas Division by calling 601-359-1064 or by emailing
				  lcgas@mid.ms.gov.
Miss. Code Ann.
				  §
										75-57-105
				  (Rev. 2016).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 11 - Notification Requirements Involving Ownership and Employee Changes › Rule 19-7-11.06 - Date of Compliance

Current through June 25, 2024
All Liquefied Compressed Gas Dealers shall comply with this
				  Regulation from and after the Effective Date of this Regulation, as set forth
				  in Rule 11.09 below.
Miss. Code Ann.
				  §
										75-57-105
				  (Rev. 2016).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 11 - Notification Requirements Involving Ownership and Employee Changes › Rule 19-7-11.07 - Violations and Penalties

Current through June 25, 2024
Failure of a Liquefied Compressed Gas Dealer to comply with
				  the provisions of this Regulation shall be considered a violation of
Miss. Code Ann.
§§
									75-57-107
				  and
				  75-57-109
				  (Rev. 2016), and may result in a monetary penalty and/or revocation of the
				  Dealer's Liquefied Compressed Gas permit.
Miss. Code Ann.
				  §§
										75-57-105,
				  75-57-107,
				  and
				  75-57-109
				  (Rev. 2016).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 11 - Notification Requirements Involving Ownership and Employee Changes › Rule 19-7-11.08 - Severability

Current through June 25, 2024
If any section or portion of a section of this Regulation or
				  the application thereof is held by a court to be invalid, such invalidity shall
				  not affect any other provision of that section or application of this
				  Regulation which can be given effect without the invalid provision or
				  application, and to this end the provisions of this Regulation are declared to
				  be severable.
Miss. Code Ann.
				  §§
										75-57-105
				  (Rev. 2016), 45-11-101, et seq. (Rev. 2015 and Supp.
				  2016).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 11 - Notification Requirements Involving Ownership and Employee Changes › Rule 19-7-11.09 - Effective Date

Current through June 25, 2024
This Regulation shall become effective thirty (30) days
				  after filing for final adoption with the Office of the Secretary of State.
Miss. Code Ann.
				  §§
										25-43-3.112 and
				  25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 12 - Rules of Practice and Procedures Before the State Liquefied Compressed Gas Board › Rule 19-7-12.01 - Statutory Authority

Current through June 25, 2024
This Regulation is promulgated by the Department of
				  Insurance (hereinafter "Department") on behalf of the Liquefied Compressed Gas
				  Board (hereinafter "Board") in accordance with the Mississippi Administrative
				  Procedures Law.
Miss. Code Ann.
				  §
										25-61-5
				  (Rev. 2011); §
										75-57-105.
				  (Rev. 2016)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 12 - Rules of Practice and Procedures Before the State Liquefied Compressed Gas Board › Rule 19-7-12.02 - Purposes

Current through June 25, 2024
The purpose of this Regulation is to set forth the rules and
				  regulations regarding the procedural requirements which the Commissioner of
				  Insurance (hereinafter "Commissioner") deems necessary to carry out the
				  provisions of the Mississippi's Liquefied Compressed Gas laws found in
Miss. Code Ann.
§§
									75-57-1
et seq.,
and to provide the methods and procedures of the
				  Board.
Miss. Code Ann.
				  §
										25-61-5
				  (Rev. 2011); §
										75-57-1, et seq.
				  (Rev. 2016)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 12 - Rules of Practice and Procedures Before the State Liquefied Compressed Gas Board › Rule 19-7-12.03 - Applicability

Current through June 25, 2024
This Regulation shall be of general applicability and shall
				  apply in all cases except to the extent a statute of the State of Mississippi
				  provides otherwise.
Miss. Code Ann.
				  §
										75-57-1, et seq.
				  (Rev. 2016)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 12 - Rules of Practice and Procedures Before the State Liquefied Compressed Gas Board › Rule 19-7-12.05 - Investigations Conducted by the L.C. Gas Division

Current through June 25, 2024
To insure that all fires are properly investigated, the
				  following guidelines shall be followed by the L.C. Gas Division:
A. All fires reported to the Department shall
				be directed to the State Fire Marshal's Office.
B. The State Chief Deputy Fire Marshal will
				evaluate the facts and circumstances of all fires and determine how the fire
				investigation will be conducted.
C.
				Where the State Chief Deputy Fire Marshal, or his deputies, suspect liquefied
				compressed gas as the cause of the fire, the L.C. Gas Director will be
				notified. The liquefied compressed gas system will be tested and inspected by a
				liquefied compressed gas inspector to verify that the gas system was installed
				and operating in accordance with NFPA 54 and NFPA 58.
D. When a fire is under investigation by the
				State Fire Marshal's Office, the L.C. Gas Division will coordinate all their
				activities through the State Fire Marshal's Office.
E. The role of the State Chief Deputy State
				Fire Marshal or his deputies is to investigate the cause of every fire called
				to the attention of the Department and to establish the point of origin and
				cause of each such fire.
F. The
				role of the L.C. Gas Division is to verify all liquefied compressed gas
				systems, installations, and companies doing business in the State of
				Mississippi are in compliance with are in compliance with NFPA 54 and 58; the
				State's liquefied compressed gas laws and regulations as set. forth under
Miss. Code Ann
. §§
									75-57-1 through
				75-57-119;
				and any rules and regulations adopted by the Board.
Miss. Code Ann.
				  §
										75-57-1, et
				  seq.; §
										75-57-101,
				  et seq. (Rev. 2016)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 12 - Rules of Practice and Procedures Before the State Liquefied Compressed Gas Board › Rule 19-7-12.06 - State Liquefied Compressed Gas Board

Current through June 25, 2024
A.
				Board Members - The board shall consist of seven (7) members appointed by the
				Commissioner of Insurance as follows:
1. Four
				(4) members, one (1) from each of the congressional districts, to be selected
				from a list of at least ten (10) individuals who are in the liquefied
				compressed gas industry doing business in the State of Mississippi;
2. Three (3) members from the state at large
				who have a rational relationship to the liquefied compressed gas industry.
3. At least three (3) members of
				the board must be dealers who sell less than two million five hundred thousand
				(2,500,000) gallons of propane per year.
4. No two (2) members may be selected from
				the same company.
5. Any member who
				fails to attend three (3) consecutive called meetings of the board may be
				removed by the Commissioner.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 12 - Rules of Practice and Procedures Before the State Liquefied Compressed Gas Board › Rule 19-7-12.07 - Hearing Procedures

Current through June 25, 2024
A. Hearings - In
				every case where the investigation by the State Fire Marshal's Office has
				determined that there was a violation of the two (2) National Fire Protection
				Association Standards, NFPA 54 and 58; the State's liquefied compressed gas
				laws as set forth under
Miss. Code Ann
. §§
									75-57-1 through
				75-57-119;
				and any rules and regulations adopted by the Board, notice and hearing shall be
				held prior to any administrative action being taken.
B. Right To Counsel - Any person appearing
				before the Board shall have the right to be represented by counsel.
C. Impartiality - Every member of the Board
				present shall conduct himself in an impartial manner and the presiding official
				may withdraw if he deems himself disqualified. Any party may file an affidavit
				of personal bias or disqualification which shall be ruled upon by the
				Commissioner and granted if it is timely, sufficient and filed in good
				faith.
D. Power and Duties of
				Presiding Official - The presiding officer of the hearing shall be the Chairman
				of the Board, under the advice of the Board Attorney, and shall have power to:
1. Maintain order;
2. Rule on all questions arising during the
				course of the hearing;
3. Permit
				discovery by deposition or otherwise;
4. Hold conferences for the settlement or
				simplification of the issues;
5.
				Make or recommend decisions;
6.
				Generally regulate and guide the course of the proceedings.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 12 - Rules of Practice and Procedures Before the State Liquefied Compressed Gas Board › Rule 19-7-12.08 - Appeal Procedure

Current through June 25, 2024
Any individual aggrieved by a final decision of the Board
				  shall be entitled to judicial review. Any appeal from the Board's decision
				  shall be filed within thirty (30) days after notification of the action of the
				  Board in the Circuit Court of Hinds County, Mississippi, in the manner set
				  forth in
Miss. Code Ann
. §
									75-57-117.
Miss. Code Ann.
				  §
										75-57-117 (Rev.
				  2016)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 12 - Rules of Practice and Procedures Before the State Liquefied Compressed Gas Board › Rule 19-7-12.09 - Public Records

Current through June 25, 2024
Any person requesting a public record regarding the L.C. Gas
				  Division or the Board shall submit a written request to the Department pursuant
				  to the provisions of the Open Records Act.
Miss. Code Ann.
				  §§
										25-61-1,
				  et seq. (Rev.2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 12 - Rules of Practice and Procedures Before the State Liquefied Compressed Gas Board › Rule 19-7-12.10 - Severability

Current through June 25, 2024
If any section or portion of a section of this Regulation or
				  the application thereof is held by a court to be invalid, such invalidity shall
				  not affect any other provision of that section or application of the Regulation
				  which can be given effect without the invalid provision or application, and to
				  this end the provisions of the Regulation are declared to be
				  severable.
Miss. Code Ann.
				  §
										75-57-1, et
				  seq.; §
										75-57-101,
				  et seq. (Rev. 2016)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 12 - Rules of Practice and Procedures Before the State Liquefied Compressed Gas Board › Rule 19-7-12.11 - Effective Date

Current through June 25, 2024
This Regulation shall be effective upon
				  adoption.
Miss. Code Ann.
				  §
										25-43-3.108
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 13 - Amendment of NFPA Standards Regarding the Use and Display of Nameplates on Stationary Liquefied Compressed Gas Containers › Rule 19-7-13.01 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to amend certain National
				  Fire Protection Association ("NFPA") standards regarding the use and display of
				  nameplates on stationary liquefied compressed gas containers.
Miss. Code Ann. §
										75-57-9;
				  §
										75-57-105
				  (Rev. 2016).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 13 - Amendment of NFPA Standards Regarding the Use and Display of Nameplates on Stationary Liquefied Compressed Gas Containers › Rule 19-7-13.02 - Authority

Current through June 25, 2024
This Regulation is promulgated by the Department of
				  Insurance ("Department") on behalf of the Liquefied Compressed Gas Board
				  ("Board") in accordance with
Miss. Code Ann.
§§
									75-57-105
				  and
				  75-57-9
				  (Rev. 2016), and in accordance with the Mississippi Administrative Procedures
				  Law,
Miss. Code Ann
.
§
									25-43-1.101,
et seq.
(Rev. 2018).
Miss. Code Ann. §
										25-43-1.101,
				  et seq. (Rev. 2018); §
										75-57-9;
				  §
										75-57-105
				  (Rev. 2016).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 13 - Amendment of NFPA Standards Regarding the Use and Display of Nameplates on Stationary Liquefied Compressed Gas Containers › Rule 19-7-13.03 - Scope

Current through June 25, 2024
This Regulation shall apply to all stationary liquefied
				  compressed gas containers.
Miss. Code Ann. §
										75-57-9;
				  §
										75-57-105
				  (Rev. 2016).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 13 - Amendment of NFPA Standards Regarding the Use and Display of Nameplates on Stationary Liquefied Compressed Gas Containers › Rule 19-7-13.04 - Amendment of NFPA Standards

Current through June 25, 2024
NFPA 58 (2017) Section 5.2.8.3 is amended to include the
				  following language:
A stationary container with the water capacity of 1,000
				  gallons or larger, that does not have a nameplate in accordance with NFPA 58
				  (2017) Section 5.2.8.3, may remain in service if:
(1) the Department's Liquefied Compressed-Gas
				Division ("LC-Gas Division") determines that an accurate nameplate replacement
				can be created and attached to the container, and the LC-Gas Division approves
				of such replacement and attachment; or
(2) the LC-Gas Division is familiar with the
				container, has previously inspected and approved the container at its current
				location, and, at its discretion, issues an official determination letter
				stating that the container is allowed to remain in service. However, if allowed
				to remain in service, the container cannot be moved to a different location;
				otherwise, it must be discontinued from service. The LC-Gas Division official
				determination letter discussed in this subsection shall remain at the property
				where the container is located and it shall be produced for inspection to any
				person upon request.
A stationary container with the water capacity of less than
				  1,000 gallons, that does not have a nameplate in accordance with NFPA 58 (2017)
				  Section 5.2.8.3, may remain in service only if the LC-Gas Division determines
				  that an accurate nameplate replacement can be created and attached to the
				  container, and the LC-Gas Division approves of such replacement and attachment.
				  Under no other circumstance shall such container remain in service.
Miss. Code Ann. §
										75-57-9;
				  §
										75-57-105
				  (Rev. 2016).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 13 - Amendment of NFPA Standards Regarding the Use and Display of Nameplates on Stationary Liquefied Compressed Gas Containers › Rule 19-7-13.05 - Future Application of Amended NFPA Standards

Current through June 25, 2024
Section numbers, section titles, and chapter titles are
				  subject to change in future versions of the NFPA 58 standards. Therefore,
				  language included herein that amends NFPA 58 (2017) Section 5.2.8.3, shall
				  apply to future versions of the NFPA 58 standards and shall be read as amending
				  the most applicable code section in the version of those standards in order to
				  fulfill the purpose and overall intent of this Regulation.
Miss. Code Ann. §
										75-57-9;
				  §
										75-57-105
				  (Rev. 2016).