19 Miss. Code. R. 7-1.05

Current through December 10, 2024

Rule 19-7-1.05 - Licensing Requirements

The State Fire Marshal shall issue licenses to companies and individuals who offer electronic protective systems to the general public. All licenses shall be valid for a period of one (1) year from its date of issuance and shall be renewed annually, on or before the anniversary date. The licensing procedure and requirements are as follows:

A. Class A license - a company license for alarm contracting. To apply for this license, an applicant must provide the following information and meet the following conditions.

1. Documentation that the company is an entity duly authorized to conduct business within this state;

2. Documentation that the company holds a general liability and errors and omissions insurance policy, or a surety bond, in an amount not less than Three Hundred Thousand Dollars ($300,000);

3. Documentation that the company carries a current and valid workers' compensation insurance policy as required by state law;

4. The name of the company's designated agent;

5. Documentation that one (1) employee for the company holds a Class B license at each operating location;

6. A sworn statement that no officer or principal has been convicted of a felony, has received a first-time offender pardon for a felony, or has entered a plea of guilty or nolo contendere to a felony charge;

7. Submission of the license and application fee as set forth in the Act;

8. Documentation that the company is located within the physical boundaries of the state;

9. Beginning on July 1, 2014, in order to assist the Office of the State Fire Marshal in determining an applicant's suitability for a license under this chapter, a Class A applicant, upon request from the State Fire Marshal, shall submit a set of fingerprints for all officers and principals with the submission of an application for license or at such time as deemed necessary by the State Fire Marshal. The Office of the State Fire Marshal shall forward the fingerprints to the Department of Public Safety for the purpose of conducting a criminal history record check. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. Fees related to the criminal history record check shall be paid by the applicant to the State Fire Marshal and the monies from such fees shall be deposited in the special fund in the State Treasury designated as the Electronic Protection Licensing Fund.

10. The name of each company providing monitoring services.

11. If the action by the State Fire Marshal is to nonrenew or to deny an application for license, the State Fire Marshal shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the State Fire Marshal within ten (10) days for a hearing before the State Fire Marshal to determine the reasonableness of the State Fire Marshal's action. The hearing shall be held within thirty (30) days.

12. The State Fire Marshal's Office shall perform an inspection of the physical location prior to the issuance of the Class A license.

B. Class B License - Alarm System Technician -an individual license which shall authorize its holder to design, plan, specify, lay out, sell, pre-wire, install, maintain, repair, test, inspect or service and electronic protective system while in the employ of an alarm contracting company. The licensing procedures and requirements are as follows:

1. Documentation that the applicant has completed a minimum of the Electronic Security Association's Level 1, Advanced Intrusion Systems, and Fire Alarm installation Methods, and also documentation that the applicant has successfully completed a minimum of Electronic Security Association, Level 2 A and Level 2 B Burglar Alarm training course or the Electronic Security Association, Fire Alarm Installation Methods and Advanced Intrusion Systems training courses, or equivalent training approved by the State Fire Marshal;

2. Documentation proving residency within a radius of one hundred fifty (150) miles of the office to which the applicant is assigned;

3. Two (2) suitable passport size color photographs of the applicant acceptable to the State Fire Marshal;

4. A sworn statement that the applicant has not been convicted of a felony, has received a first-time offender pardon for a felony, or has entered a plea of guilty or nolo contendere to a felony charge;

a. If an applicant has been convicted of a felony, received a first-time offender pardon for a felony, or has entered a plea of guilty or nolo contendre to a felony charge, and if it has been ten (10) or more years since the date of the application for the license and the successful completion or service of any sentence, deferred adjudication or period of probation or parole, the license may be issued if:

i. The felony committed was not a crime of violence or a sex offense as defined in the Mississippi Criminal Code; and,

ii. The Office of the State Fire Marshal holds a review of the license application, taking into consideration the seriousness and circumstances of the offense and subsequent arrest. The State Fire Marshal may deny a license of an applicant who meets the criteria in subparagraph (a) if the State Fire Marshal believes the seriousness of the offense justifies the denial of the license.

5. Beginning on July 1, 2014, in order to assist the Office of the State Fire Marshal in determining an applicant's suitability for a license under this chapter, an applicant shall submit a set of fingerprints with the submission of an application for license. The Office of the State Fire Marshal shall forward the fingerprints to the Department of Public Safety for the purpose of conducting a criminal history record check. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. Fees related to the criminal history record check shall be paid by the applicant to the State Fire Marshal and the monies from such fees shall be deposited in the special fund in the State Treasury designated as the Electronic Protection Licensing Fund.

6. Submission of the license and application fee as set forth in the Act.

7. If the action by the State Fire Marshal is to nonrenew or to deny an application for license, the State Fire Marshal shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the State Fire Marshal within ten (10) days for a hearing before the State Fire Marshal to determine the reasonableness of the State Fire Marshal's action. The hearing shall be held within thirty (30) days.

C. Class C license - Alarm System Installer - an individual license which shall authorize its holder to design, plan, specify, lay out, pre-wire, install, maintain, repair, test, inspect or service an electronic protective system while in the employ of an alarm contracting company. The licensing procedures and requirements are as follows:

1. Documentation showing that the applicant has successfully completed, at a minimum, Electronic Security Association, Level 1 Certified Alarm/Security Technician training course, or equivalent training approved by the State Fire Marshal;

2. Two (2) suitable passport size color photographs of the applicant acceptable to the State Fire Marshal;

3. A sworn statement that the applicant has not been convicted of a felony, has received a first-time offender pardon for a felony, or has entered a plea of guilty or nolo contendere to a felony charge;

i. The felony committed was not a crime of violence or a sex offense as defined in the Mississippi Criminal Code; and,

4. Beginning on July 1, 2014, in order to assist the Office of the State Fire Marshal in determining an applicant's suitability for a license under this chapter, an applicant shall submit a set of fingerprints with the submission of an application for license. The Office of the State Fire Marshal shall forward the fingerprints to the Department of Public Safety for the purpose of conducting a criminal history record check. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. Fees related to the criminal history record check shall be paid by the applicant to the State Fire Marshal and the monies from such fees shall be deposited in the special fund in the State Treasury designated as the Electronic Protection Licensing Fund.

5. Submission of the license and application fee as set forth in the Act.

6. If the action by the State Fire Marshal is to nonrenew or to deny an application for license, the State Fire Marshal shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the State Fire Marshal within ten (10) days for a hearing before the State Fire Marshal to determine the reasonableness of the State Fire Marshal's action. The hearing shall be held within thirty (30) days.

D. Class D license - Alarm System Salesperson - an individual license which shall authorize its holder to design, plan, specify, lay out or sell an electronic protective system while in the employ of an alarm contracting company. The licensing requirements and procedures are as follows:

1. Documentation that the applicant has completed, at a minimum Electronic Security Association training course Understanding Electronic Security Systems training course,, or equivalent training approved by the State Fire Marshal;

2. Two (2) suitable passport size color photographs of the applicant acceptable to the State Fire Marshal;

i. The felony committed was not a crime of violence or a sex offense as defined in the Mississippi Criminal Code; and,

5. Submission of the license and application fee as set forth in the Act.

E. Class H license - Alarm Helper- an individual license which authorizes its holder to pre-wire or assist a Class B or Class C license holder install or service an electronic protective system while under the direct supervision of a licensed Class B or Class C holder in the employ of an alarm contracting company. The licensing requirements and procedures are as follows:

1. Two (2) suitable passport size color photographs of the applicant acceptable to the State Fire Marshal;

2. A sworn statement that the applicant has not been convicted of a felony, has received a first-time offender pardon for a felony, or has entered a plea of guilty or nolo contendere to a felony charge;

i. The felony committed was not a crime of violence or a sex offense as defined in the Mississippi Criminal Code;

iii. The applicant must submit a sworn statement that the applicant will be supervised by an appropriately classed individual.

3. Beginning on July 1, 2014, in order to assist the Office of the State Fire Marshal in determining an applicant's suitability for a license under this chapter, an applicant shall submit a set of fingerprints with the submission of an application for license. The Office of the State Fire Marshal shall forward the fingerprints to the Department of Public Safety for the purpose of conducting a criminal history record check. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. Fees related to the criminal history record check shall be paid by the applicant to the State Fire Marshal and the monies from such fees shall be deposited in the special fund in the State Treasury designated as the Electronic Protection Licensing Fund.

4. Submission of license fee.

5. If the action by the State Fire Marshal is to nonrenew or to deny an application for license, the State Fire Marshal shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the State Fire Marshal within ten (10) days for a hearing before the State Fire Marshal to determine the reasonableness of the State Fire Marshal's action. The hearing shall be held within thirty (30) days.

F. Notification Requirements - all licensees shall notify the State Fire Marshal in the manner prescribed by the State Fire Marshal within ten (10) days of the following:

1. Any change in home or business address;

2. Any separation from an employer, employee, or change in employer;

3. Any conviction for a felony or entry of a plea of guilty or nolo contendere to a felony charge or receipt of a first-time offender pardon.

G. Reciprocity - State Fire Marshal may enter into reciprocal agreements with other states for mutual recognition of individual license holders, provided that state will award licenses to residents of this state and as long as that state's requirements are not less stringent than those set forth under the Act or this Regulation.

H. Renewal licenses - All renewal licensees must submit documentation showing satisfactorily completion of the twelve (12) hours of continuing education required pursuant to the Act and Section 7 of this Regulation.

I. Reinstatement Fee - As required pursuant to the Act, any individual that fails to timely renew their license shall be charged a reinstatement fee penalty in addition to the renewal fee. That penalty shall be an amount double of their license renewal fee. However, the Commissioner of Insurance in his discretion may reduce the amount of said penalty, upon the applicant filing with the Department a written request showing good cause for the failure to timely renew. For the purposes of this provision, good cause shall be limited to health or medical issues, military service, or other reasonable and just causes as determined by the Commissioner.

J. Class A License Number Displays - All Class A contracting companies are required to display their state issued alarm license number on all company vehicles and documents. Compliance in this section must be made in the following manner and within the following time period:

1. All company stationary, business cards, contracts and other company documents must include the Class A license number in at least 12 point type and in bold print. All Class A contracting companies must have their license number on all company documents within eighteen (18) months of the adoption of this amended Regulation.

2. All marked company vehicles must include the Class A license number. The license number must be at least three (3) inches in height, clearly visible on the rear and both sides of the vehicle, and shall be in a contrasting color. All Class A contracting companies must have their license number on all company vehicles.

3. In the interest of public safety, Deputy State Fire Marshals, who are certified law enforcement officers, are duly authorized to stop and conduct inspections of Class A contracting company vehicles to very compliance with Miss. Code Ann. §§ 73-69-1, 73-69-11, and these Rules and Regulations.

19 Miss. Code. R. 7-1.05

Miss. Code Ann. § 73-69-9; § 73-69-11 (Rev. 2023)

Amended 9/1/2024