PURPOSE: This rule establishes sanitation and safety standards for lodging establishments that are defined in section 315.005(4), RSMo 2000.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) General.

   1. (A) Definitions.

      1. 1. “Administrative authority” shall mean

local or state health department representative, local codes administrator/fire marshal, state fire marshal or his/her representative.

1. 2. “Air gap” is the unobstructed vertical

distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank or plumbing fixture and the flood-level rim of the receptacle.

1. 3. “Approved” shall mean acceptable to

administrative authority having jurisdiction.

1. 4. “Domestic well” is a private water

supply well that is constructed to meet minimum standards and is equipped with a pump that does not have the capacity to produce more than seventy (70) gallons of water per minute and services three (3) or less service connections. A multifamily well for the purposes of this rule shall be considered a domestic well.

1. 5. “Exit” is the portion of a means of

egress that is separated from all other spaces of the building or structure by construction or equipment required providing a protected way of travel to the exit discharge. Exits include exterior exit doors, exit passageways, horizontal exits, separated exit stairs, and separated exit ramps.

1. 6. “Exit access” is the portion of a

means of egress that leads to an exit.

1. 7. “Exit discharge” is the portion of a

means of egress between the termination of an exit and a public way.

1. 8. “Fire barrier” is a structural element,

either vertical or horizontal, such as a wall or floor assembly, that is designed and constructed with a specified fire resistance rating to limit the spread of fire and restrict the movement of smoke. Such barriers may have protected openings.

1. 9. “Fire resistance rating” is the length

of time, in minutes or hours, that materials or structural elements can withstand fire exposure.

1. 10. “Flame resistant material” is the

property of material or their structural elements that prevents or retards the passage of excessive heat, hot gases, or flames under conditions in which they are used.

1. 11. “Flame retardant” is a chemical

applied to material or other substance that is designed to retard ignition or the spread of fire.

1. 12. “Guest suite” is an accommodation

with two (2) or more contiguous rooms comprising a compartment with or without doors between such rooms providing living, sleeping, sanitary, and storage facilities.

1. 13. “Guest room” is any room or unit

where sleeping accommodations are regularly furnished to the public.

1. 14. “Hazardous areas” are areas of

structures or buildings posing a degree of hazard greater than normal to the general occupancy of a building or structure, such as areas used for the storage or use of combustibles or flammable, toxic, noxious, or corrosive materials, or heat-producing appliances.

1. 15. “Means of egress” is a continuous

and unobstructed way of travel from any point in a building or structure to a public way. A means of egress consists of three (3) distinct parts, the exit access, the exit, and the exit discharge.

1. 16. “Multifamily well” is a private

water supply well constructed for the purpose of serving more than three (3) dwellings, but having less than fifteen (15) service connections and serving less than twenty-five (25) individuals daily at least sixty (60) days out of the year.

1. 17. “Public water supply” is a piped

water supply having fifteen (15) or more service connections or serving twenty-five (25) or more people at least sixty (60) days out of the year. It may be either a community water system, transient non-community water system or non-transient non-community public water.

1. 18. “Public way” is an area such as a

street or sidewalk that is open to the outside and is used by the public for moving from one (1) location to another.

1. 19. “Remote exit or means of egress” is

when two (2) exits or two (2) exit access doors are required.

1. 20. “Self-closing” means to be equipped

with an approved device that will ensure closing after having been opened.

1. 21. “Smoke barrier” is a structural ele-

ment, either vertical or horizontal, such as a wall, floor, or ceiling assembly, which is designed and constructed to restrict the movement of smoke. A smoke barrier may or may not have a fire resistance rating.

1. 22. “Smoke proof enclosure” shall be a

stair enclosure designed, so that the movement into the smoke proof enclosure of products of combustion, produced by a fire occurring in any part of the building shall be limited.

1. 23. “Spa” is a pool designed for recre-

ational and/or therapeutic use and not drained, cleaned, and refilled for each individual. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction systems or any combination thereof.

1. 24. “Supervised sprinkler system” is a

system with the initiating devices monitored by the fire alarm control panel. This may include switches used to monitor the position of valves, a low air pressure switch, a water flow switch, and a tamper switch.

1. (2) Requirements for initial license or renewal of a license on a lodging establishment that has been renovated.

   1. (A) Lodging establishments located within jurisdictions regulated by local ordinances and regulations shall be erected, renovated and maintained in compliance with such ordinances and regulations. Such lodging establishments must comply with the following requirements before a license may be issued. When an establishment is being renovated only those areas being worked on must meet these requirements.

      1. 1. Present an occupancy permit issued

by the regulating jurisdiction.

1. 2. Comply with the Missouri

Department of Natural Resources laws and regulations regarding, but not limited to:

1. A. Sewage treatment;
2. B. Drinking water;
3. C. Trash disposal;
4. D. Backflow.
5. 3. Comply with the Missouri

Department of Health laws and regulations regarding lodging establishments.

1. 4. Comply with Great Lakes Upper

Mississippi River Board of State and Provincial Public Health and Environmental Managers most recent standards for construction of swimming pools and spas.

1. (B) Lodging establishments located in areas outside of jurisdictions regulated by local ordinances and regulations shall comply 19 CSR 20-3

with the following requirements before a state lodging license may be issued. When an establishment is being renovated only those areas being worked on must meet these requirements.

1. 1. Must certify to the Missouri

Department of Health that the establishment has been erected or renovated in accordance with the latest national standards for life safety, structural, electrical, plumbing, mechanical and architectural elements of the establishment to be licensed. Certification to these facts will be accepted from a registered professional engineer, registered architect, or the general contractor responsible for the construction of the establishment being licensed.

1. 2. Comply with the Missouri

Department of Natural Resources laws and regulations regarding, but not limited to:

1. A. Sewage treatment;
2. B. Drinking water;
3. C. Trash disposal;
4. D. Backflow.
5. 3. Comply with the Missouri

Department of Health laws and regulations regarding lodging establishments.

1. 4. Comply with Great Lakes Upper

Mississippi River Board of State and Provincial Public Health and Environmental Managers most recent standards for construction of swimming pools and spas.

1. 5. Comply with the Missouri

Department of Public Safety’s laws and regulations that relate to pressure vessels.

1. (3) Requirements for Operating a Lodging Establishment.

   1. (A) Drinking Water Supply. Water supplies that serve lodging establishments shall provide bacteriologically safe drinking water and shall consist of the following:

      1. 1. Public water supplies.

         1. A. Shall be in compliance with the

current “Missouri Safe Drinking Water Act,” “Safe Drinking Water Commission Rules,” “The Water Well Drillers’ Act,” and the “Missouri Well Construction Rules.”

1. B. Those establishments operating

from a non-community water supply shall have a valid Missouri Department of Natural Resources, (MO DNR) permit to dispense water. (A current copy of the MO DNR permit to dispense water must be provided to the administrative authority.)

1. C. A “domestic” well, appearing to

come under the jurisdiction of the MO DNR, shall be referred to that agency for verification of departmental authority. Otherwise, water supplies not appearing to meet the MO DNR definition of a public water supply shall come under the jurisdiction of the Missouri Department of Health, (MO DoH); AND SENIOR SERVICES

1. 2. Domestic wells. Water supplies which

come under the jurisdiction of the MO DoH:

1. A. Shall be constructed and located

according to the “Missouri Well Construction Rules,” 10 CSR 23-3.010–10 CSR 23-3.110 with the following aboveground construction components verified by inspection:

1. (I) Well casing shall extend a mini-

mum of twelve (12) inches above grade.

1. (II) The top of well casing shall be

free of openings which may allow the entry of contaminants, (i.e. wiring harness grommetted, breather pipe installed with terminus properly screened, approved sanitary well seal or well cap installed).

1. B. Water wells appearing to meet all

minimal construction and setback requirements shall have an annual bacteriological water sample collected and analyzed for the presence of coliform bacteria.

1. C. Domestic wells not meeting satis-

factory bacteriological water results following the collection of two (2) consecutive samples shall provide a permanent disinfection process as authorized by the MO DNR.

1. (B) Wastewater Handling. Sewage and wastewater treatment and disposal systems which serve lodging establishments:

   1. 1. On-site sewage treatment and dispos-

al systems:

1. A. On-site systems which generate

three thousand (3,000) gallons or less of wastewater per day and that are maintained in a subsurface treatment and disposal system shall come under MO DoH jurisdiction. Any on-site system built after January 1, 1996 shall be constructed according to 19 CSR 20- 3.060 “Minimum Construction Standards for On-Site Sewage Disposal Systems.”

1. 2. Existing on-site systems regulated by

MO DoH:

1. A. On-site systems installed prior to

January 1, 1996, operating satisfactorily.

1. B. Upon completion of a visual in-

spection, the following conditions shall exist:

1. (I) No surfacing or discharging of

effluent;

1. (II) No production of odors or the

creation of a habitat for insect breeding, (i.e. mosquitoes, flies, etc.);

1. (III) No contamination of surface

water or groundwater.

1. C. Malfunctioning systems shall be

renovated according to 19 CSR 20-3.060 “Minimum Construction Standards for On- Site Sewage Disposal Systems.”

1. 3. Existing or proposed on-site systems

which generate more than three thousand (>3,000) gallons of daily effluent flow or connected into waste stabilization ponds, extended aeration package treatment plants, and other alternative systems which discharge shall have a National Pollutant Discharge Elimination System (NPDES) Permit or a General Permit issued by the MO DNR. (A current copy of the MO DNR NPDES permit or a general permit must be provided to the administrative authority.)

1. A. Existing on-site systems regulated

by the MO DNR and possess a discharge permit shall:

1. (I) Not produce orders or create a

habitat for insect breeding, (i.e., mosquitoes, flies, etc.)

1. (II) Not have tall weeds or trees

growing on or in a lagoon or its berm.

1. (C) Sanitation/Housekeeping. Lodging establishments shall be kept in a clean and sanitary condition; in good repair, and shall be maintained and operated with strict regard to health and safety of the patrons. The following items shall be held in compliance:

   1. 1. Walls, floors and ceilings of guest

rooms shall be kept clean and in good repair. Furnishings, including draperies, beds, furniture and lamps, shall be kept clean and in good repair.

1. 2. Clean and proper housekeeping shall

be employed in guest rooms and related facilities.

1. A. A room in use shall be cleaned

each time different guest rents the room, but in any event not less than every other day.

1. B. Towels and washcloths that have

been cleaned shall be provided in the guest room each day that guest room is occupied by a different guest.

1. C. Bed linens that have been cleaned

shall be provided in the guest room each day that guest room is occupied by a different guest. Bedspreads shall be clean and maintained in good repair. If a room is continuously occupied by the same guest, bed linens shall be changed at least weekly.

1. D. Mattresses and boxsprings shall be

clean and in good repair. The sleeping surfaces of a mattress in use shall be completely covered by a sheet. Excessively damaged or soiled mattresses and/or boxsprings shall be replaced.

1. E. Rodents and insects shall be con-

trolled at all times. If rodenticides and/or pesticides are stored and/or used on the premises, they shall be stored away from areas containing food, and not accessible to guests.

1. F. Ice provided for the use of guests

and patrons shall be made from a potable water supply approved by the Department of Health or Department of Natural Resources. The ice shall be protected from contamination which shall include the following:

1. (I) Ice machines, dispensers or

chests shall be sheltered from the weather, and Communicable Disease Prevention

kept in good repair and the ice compartment shall be kept clean and free of mold, rust, debris, foreign objects or other contaminants. Establishments licensed after the effective date of this rule shall provide only dispensing self-service ice machines for guest use. Any establishment licensed before the effective date of this rule that replaces or adds a new self-service ice machine for guest use shall only provide a dispensing type self-service ice machine.

1. (II) An approved scoop with a han-

dle that is seamless and without cracks shall be provided for each bin-type ice machine or chest. The scoop may be stored in a holster in the ice compartment, in a smooth nonabsorbent holder outside the ice machine or chest, or in another manner acceptable to the Department of Health.

1. (III) Individual ice buckets or con-

tainers, if provided, shall be kept clean, in good repair, and constructed of a smooth non-absorbent food-grade material. Ice buckets or containers shall be washed, rinsed and sanitized as described in paragraph (3)(C)3.J.(I)(a)–(b) of this rule, or shall be provided with a food-grade single service liner. Re-use of the food-grade single service liner is forbidden.

1. G. The guest rooms, buildings and

premises shall be kept neat and free of refuse and debris. Guest room trash containers shall be emptied daily.

1. (I) Garbage and refuse shall be

stored in a covered durable, leak-proof, and vermin-proof, non-absorbent container. Outdoor trash containers shall be stored on a smooth, hard surface such as concrete or machine-laid asphalt that is sloped to drain. Garbage and refuse shall be disposed of on a routine basis.

1. (II) Plant growth shall be controlled

by cutting/trimming in a manner that prevents/eliminates harborage (cover) for pests such as rodents, vermin, reptiles and other small animals within close proximity to the lodging establishment and its attendant facilities.

1. (III) Items which create a harbor-

age for insects or vermin, or create a health or safety hazard shall be removed.

1. 3. Lodging establishments that prepare

or serve food, except those serving only continental breakfasts or similar repasts shall comply with current Missouri Department of Health regulations governing food establishments. Lodging establishments that offer only continental breakfasts or similar repasts to their guests shall conform strictly to the following rules.

1. A. Continental breakfast shall be

defined as consisting of prepackaged foods, brewed/prepared non-alcoholic beverages, and foods not needing additional preparation before service to the public.

1. B. Food shall be of sound condition,

free from spoilage, filth or other contamination and shall be safe for human consumption. Food shall be obtained from sources approved or considered satisfactory by the Department of Health.

1. C. Food offered to the public for con-

tinental breakfast shall be protected from consumer contamination by the use of packaging or by the use of an easily cleanable counter serving line with “sneeze guards,” display cases, or by other effective means.

1. D. All beverages including milk shall

be offered in either single-service containers or dispensed from covered containers to prevent contamination of drinks that are offered to the general public. Leftover beverages other than from unopened single service or bulk dispensers shall be discarded.

1. E. Food serving areas and food con-

tact surfaces shall be smooth, free of breaks, open seams, cracks, chips, and similar imperfections. Food shall be presented in such a way as to be protected from cross-contamination.

1. F. Once served to a consumer, por-

tions of leftover food and beverages shall not be served again. Exception—packaged food that is still in the package and in sound condition may be reserved.

1. G. Condiments provided for table or

counter service shall be individually portioned. Sugar and sweetener for consumer use shall be provided in individual packages or in covered pour-type dispensers.

1. H. Potentially hazardous foods shall

be held at temperatures according to current food regulations of the Missouri Department of Health, or local food codes.

1. I. To avoid unnecessary manual con-

tact with food, suitable dispensing utensils or items shall be provided to consumers who serve themselves. Between uses during service, dispensing utensils shall be stored in the food with the dispensing utensil’s handle extended out of the food, or stored clean and dry.

1. (I) Single-service articles shall be

handled and dispensed in a manner that prevents contamination of surfaces which may come into contact with food or with the mouth of the user.

1. (II) Reuse of single-service items is

prohibited.

1. (III) Reuse of soiled tableware for

additional food is prohibited.

1. (IV) Tableware offered for guest

use for continental breakfasts may be either reusable utensils or single-service articles. All utensils not intended for single service use shall be washed, rinsed and sanitized as per (3)(C)3.J.(I)(a)–(b) of this rule.

1. (V) A convenient handwashing

facility shall be available for attendants of the continental breakfast.

1. J. Drinking glasses or utensils provid-

ed to rooms shall be single-service items, or if reusable glasses or coffeepots are offered, these shall be clean, sanitary and conform to the following practices:

1. (I) Prior to placement in the guest

room, reusable drinking glasses and utensils shall be washed, rinsed and sanitized in either of the methods below. After sanitization, all drinking glasses and utensils shall be airdried and protected from subsequent contamination. Sanitization is to be accomplished by one of the following methods.

1. (a) A clean three (3)-vat sink

may be used with glasses washed in a clean, hot detergent solution in the first vat, rinsed in clean water in the second vat, and sanitized in the third vat. This dishwashing facility shall be so located as to be protected from possible outside sources of biological or chemical contamination. Sanitization is to be accomplished by one of the following methods:

1. I. Sanitized by immersion for

at least one-half (1/2) minute in clean, hot water at a temperature of at least one hundred seventy degrees Fahrenheit (170°F).

1. II. Immersed for at least ten

1. (10) seconds in a clean solution containing at least fifty (50) parts per million of available chlorine as a hypochlorite and at a temperature of at least one hundred degrees Fahrenheit (100°F).

   1. III. Immersed for at least thir-

ty (30) seconds in a clean solution containing between twelve and one-half (12.5) and twenty-five (25) parts per million of available iodine and having a pH not higher than five (5.0) and at a temperature of at least seventyfive degrees Fahrenheit (75°F).

1. IV. Immersed in a clean solu-

tion containing any other chemical sanitizing agent recognized by the regulating authority as effective and that will provide the equivalent bactericidal effect of a solution containing at least fifty (50) parts per million of available chlorine as a hypochlorite at a temperature of at least one hundred degrees Fahrenheit (100°F) for ten (10) seconds.

1. (b) Cleaning and sanitizing may

be done by spray-type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils. These machines and devices shall be so installed to be protected from possible outside sources of biological or chemical contamination, and maintained in good repair. Machines and devices shall be operated in accordance with manufacturers’ instructions, and utensils and equipment placed in the machine shall be exposed to all dishwashing cycles. Automatic detergent dispensers, wetting agent dispensers, and liquid sanitizer injectors, if any, shall be properly installed and maintained.

1. I. Single-tank, stationary-rack

and door-type machines and spray-type glass washers using chemicals for sanitization may be used if the following requirements are met:

wash water shall not be less than one hundred twenty degrees Fahrenheit (120°F);

kept clean;

itization purposes shall be automatically dispensed;

be exposed to the final chemical sanitizing rinse in accordance with manufacturers’ specifications for time and concentration;

rinse water temperature shall not be less than seventy-five degrees Fahrenheit (75°F) nor less than the temperature specified by the machine’s manufacturer;

shall meet the requirements of the regulating authority; and

that accurately measures the parts per million concentration of the solution shall be available and used.

1. II. Machines using hot water

for sanitizing may be used if wash water and pumped rinse water is kept clean and if water is maintained at not less than these temperatures.

rack, dual-temperature machine—wash temperature, one hundred Fahrenheit (150°F), and final rinse temperature, one hundred eighty degrees Fahrenheit (180°F).

rack, single temperature machine—wash temperature and final rinse temperature one hundred sixty-five degrees Fahrenheit (165°F).

machine—wash temperature, one hundred sixty degrees Fahrenheit (160°F) and final rinse temperature, one hundred eighty degrees Fahrenheit (180°F).

machine—wash temperature one hundred fifty degrees Fahrenheit (150°F), pumped 19 CSR 20-3

1. a. The temperature of the
2. b. The wash water shall be
3. c. Chemicals added for san-
4. d. Glasses and utensils shall
5. e. The chemical sanitizing
6. f. Chemical sanitizers used
7. g. A test kit or other device

8. a. Single-tank, stationary-

   fifty degrees

9. b. Single-tank, stationary-
10. c. Single-tank, conveyor
11. d. Multi-tank, conveyor AND SENIOR SERVICES

rinse temperature, one hundred sixty degrees Fahrenheit (160°F), and final rinse temperature, one hundred eighty degrees Fahrenheit (180°F).

1. e. Single-tank, pot, pan,

and utensil washer (either stationary or moving-rack)—wash temperature, one hundred forty degrees Fahrenheit (140°F) and final rinse temperature, one hundred eighty degrees Fahrenheit (180°F).

1. 4. During all working periods of food

service, employees shall observe good hygienic practices. Employees shall thoroughly wash their hands and the exposed portions of their arms with soap and warm water before starting work, during work and as often as is necessary to keep them clean and after using the toilet, smoking, eating or drinking.

1. (D) Plumbing/Mechanical. Installation and maintenance of plumbing supply lines and equipment shall conform to the following requirements:

   1. 1. General requirements are as follows:

      1. A. Hot and cold running water shall

be available at all times.

1. B. Restrooms shall be provided with

adequate ventilation to the outside air.

1. C. Adequate venting of the drainage

system shall be provided. Vents shall extend above the roof unless exempted by local code.

1. D. All fixtures shall be adequately

trapped; and

1. 2. Water heaters, boilers and pressure

vessels shall meet the following requirements:

1. A. Water heaters with greater than

one hundred twenty (120) gallon capacity, water temperatures exceeding two hundred ten degrees Fahrenheit (210°F) or heat input greater than two hundred thousand (200,000) Btu/hr (fifty-seven (57) kW), and all boilers shall show evidence of inspection and approval by the Missouri Division of Fire Safety. (A copy of the Certification of Inspection issued by the Missouri Division of Fire Safety must be provided to the administrative authority);

1. B. Water heaters not inspected and

approved by the Missouri Division of Fire Safety shall be rated for a minimum working pressure of one hundred twenty-five (125) psi. The maximum pressure allowed shall be permanently marked on all water heating units and holding tanks. Burner output rating on the safety devices should not exceed the burner output rating specified on the heater;

1. C. A separate valve or switch shall be

provided to shut the fuel supply off to water heating units. LP gas systems shall be tested for leaks on a yearly basis;

1. D. Water heaters, boilers and other

pressure vessels must be provided with safety devices to prevent excessive buildup of heat and/or pressure. Safety devices shall be installed so that the sensing element extends into the tank, and monitors the temperatures in the top six inches (6") of the tank.

1. (I) Pressure relief valves are

required on or adjacent to hot water holding tanks, water heaters, and boilers but cannot be separated from the tank by a check valve or shutoff valve.

1. (II) Relief valve discharge pipes

shall be rigid pipes approved for water distribution with a temperature rating of two hundred ten degrees Fahrenheit (210°F). The discharge piping shall be the same diameter as the relief valve outlet, and shall be installed so as to drain by gravity flow. Valves shall not be connected to the relief valve discharge pipe. Relief valves shall not discharge so as to be a hazard, or a potential cause of damage.

1. E. Potable water supplies shall be

protected from sources of potential contamination. All backflow devices used must meet DNR rule 10 CSR 60-11.010 or local codes.

1. (I) The following shall be protected

by reduced pressure principle valves: boiler units, fire sprinkler systems with chemical additives, and pumped or re-pressurized cooling or heating systems. Fire sprinklers not using chemical additives and lawn sprinklers may use a double-check valve assembly.

1. (II) Vacuum breakers shall protect

the following: threaded faucets, flush valves and shower spray hoses. Commercial dishwashers shall be protected by either a vacuum breaker or an air gap; and

1. (III) Air gaps shall serve the fol-

lowing: ice containers, ice machines, relief valve discharge pipes from water heaters and water holding tanks, potable water inlets to all plumbing fixtures, water softeners, condensation waterlines and discharge lines from commercial laundry machines. Swimming pool feed lines shall be protected by either an air gap or a double-check valve assembly.

1. (IV) Make-up waterlines for cool-

ing towers shall terminate above the flood rim at twice the inside diameter of the make-up waterline.

1. (E) Swimming Pools/Spas. Construction, maintenance and operation of swimming pools, spas, and other bathing facilities shall be in accordance with the requirements listed below:

   1. 1. New swimming pools shall be de-

signed by a licensed registered engineer. The design developed by the engineer must comply with of the Great Lakes Upper Mississippi River Board of State and and Communicable Disease Prevention

Provincial Public Health and Environmental Managers which is incorporated by reference in this rule, and that fact shall be certified by a licensed registered engineer, or architect;

1. 2. Requirements regarding design, detail

and structural stability of existing swimming pools are as follows:

1. A. The boundary line between the

shallow (five feet (5') or less in depth) and the deep (greater than five feet (5') in depth) areas shall be marked by a line of contrasting color on the floor and walls of the pool, and by a safety rope and floats equipped with float keepers;

1. B. Diving boards, if provided, shall

conform to the criteria listed in Table 1, which is included herein. Further, there shall be a completely unobstructed clear distance of sixteen feet (16') above the diving board measured from the center of the front end of the board. This area shall extend at least eight feet (8') to each side, and sixteen feet (16') ahead of the measuring point.

1. C. Slides for use in swimming pools

shall conform to general requirements of part 1207.3 to 1207.5 of the Consumer Product Safety Act;

1. D. Steps, ladders or stairs shall be

provided at the shallow end, and steps or ladders shall be provided in the deep portion. If the pool is over thirty feet (30') wide, such steps, ladders or stairs shall be installed on each side.

1. (I) Pool ladders, stairs, and steps

shall be easily cleanable, corrosion-resistant and equipped with non-slip treads. All ladders shall be so designed as to provide a handhold. Where stairs, steps or ladders are provided, there shall be a handrail at the top of each side thereof extending over the coping of the edge of the deck.

1. E. General safety requirements are as

follows:

1. (I) Swimming pools shall be pro-

tected by a fence, wall, building or other enclosure that is at least four feet (4') in height. The enclosure shall be made of a durable material. Artificial barriers shall be constructed so as to afford no external handholds, footholds, or opening large enough to allow a toddler to pass through, be equipped with a self-closing and positive self-latching closure mechanism on gates. The latch shall be installed as high as possible, located inside the gate. All natural barriers, hedges, pool covers, or other protective devices must be approved by the administrative authority;

1. (II) Depth of water shall be plainly

marked with four inch (4")-high black numbers at or above the water surface on the vertical pool wall and on the edge of the deck, at maximum and minimum points of break between the deep and shallow portions, and at intermediate increments of depth, spaced at not more than twenty-five foot (25') intervals measured peripherally. Markings shall be on both sides and ends of the pool. Where depth markings cannot be placed on the vertical walls above the water level, other means shall be used so that the markings will be plainly visible to persons in the pool;

1. (III) Pool ladders, stairs, and steps

shall be maintained in good repair at all times;

1. (IV) One unit of lifesaving equip-

ment consisting of both a throwable device and a reaching device shall be provided for each two thousand (2,000) square feet of water surface area. Lifesaving equipment shall be mounted in conspicuous places, distributed around the swimming pool deck. Lifesaving equipment shall be kept in good repair and ready condition. It shall be kept in an established location and shall be used only for its intended purpose. Minimum lifesaving equipment shall consist of the following:

1. (a) Throwable devices: A U.S.

Coast Guard approved device, fitted with a one-quarter inch (1/4") diameter line with a length of 1.5 times the maximum width of the pool or fifty feet (50'), whichever is greater;

1. (b) Reaching devices: A life pole

or shepherd’s crook type of pole, having blunted ends with minimum length of twelve feet (12');

1. (V) Whenever the pool area is less

than two thousand (2,000) square feet and is opened for use and no lifeguard service is provided, warning signs shall be placed in plain view of the entrances and inside the pool area which state “WARNING—NO LIFEGUARD ON DUTY” with plainly legible letters. Swimming pools having an area two thousand (2,000) square feet of water surface or greater shall have a certified lifeguard present at all times the pool is available for use. In pools with two thousand (2,000) square feet or more of water surface area, one (1) additional certified lifeguard shall be provided for each additional two thousand (2,000) square feet;

1. (VI) A first aid kit must be readily

available for pool use at all times;

1. (VII) No glass containers shall be

used in the pool area;

1. F. Lighting and electrical require-

ments are as follows:

1. (I) Artificial lighting shall be pro-

vided at all swimming pools which are to be used at night or which do not have adequate natural lighting so that all portions of the pool, including the bottom, may be readily seen without glare.

1. (a) All lighting shall be main-

tained in good repair at all times; and

1. (II) Receptacles on the property

shall be located at least ten feet (10') from the inside walls of a pool. However, one (1) receptacle that provides power for a recirculating pump motor for a permanently installed pool, shall be permitted not less than five feet (5') from the inside walls of the pool provided the receptacle is single, of the locking and grounding types and protected by a ground-fault circuit-interrupter. All receptacles located within twenty feet (20') of the inside walls of a pool shall be protected by a ground-fault circuit-interrupter;

1. (III) Switching devices on the prop-

erty shall be located at least five feet (5') from the inside walls of a pool unless separated from the pool by a solid fence, wall or other permanent barrier;

1. (IV) Only utility-owned, operated

and maintained supply lines or service drops may be allowed to pass over swimming pool areas in accordance with Table 2, which is included herein. Utility-owned, operated and maintained communication lines (i.e. telephone, cable TV) shall be permitted to pass over swimming pool areas if at a height of no less than ten feet (10') above the area except over the existing diving board;

1. G. Requirements for the recirculation

system and water quality are as follows:

1. (I) The recirculation system shall

comply with the following requirements:

1. (a) Swimming pools shall be

designed to provide for continuous disinfection of the pool water with a chemical which is an effective disinfectant and which imparts an easily measurable, active residual. The disinfecting materials and methods shall not be dangerous to public health, create objectionable physiological effects, or impart toxic properties to the water. An automatic disinfection feeder which is easily adjustable shall be provided for the continuous application of disinfectant at a rate supplying disinfectant to the pool in the range at recommended levels.

1. I. When chlorine is the disin-

fectant, a free chlorine residual of at least one (1.0 ppm) shall be maintained throughout the pool.

1. II. Other disinfecting materi-

als or methods are subject to approval of the administrative authority and may be used when it has been demonstrated that they provide a satisfactory residual which is easily measured and is operated according to the manufacturer’s specifications;

1. (b) The recirculation system

serving the pool shall operate in accordance with manufacturer’s criteria or other engineering criteria; 19 CSR 20-3

1. (II) Swimming pools shall meet the

following requirements regarding water quality:

1. (a) An appropriate test kit shall

be provided and capable of properly measuring disinfectant and pH residual;

1. (b) The swimming pool water

pH shall be maintained at a level between 7.2 and 7.8;

1. (c) Swimming pool water shall

have sufficient clarity that the main drain cover is readily visible at the deepest point of the swimming pool when viewed from the side of the swimming pool;

1. (d) Any chemical applied in

swimming pools must be used in accordance with the manufacturer’s instructions;

1. (III) Miscellaneous requirements

are as follows:

1. (a) The swimming pool and deck

areas shall be kept clean, free of cracks, peeling paint, and tripping hazards;

1. (b) A cleaning system shall be

provided to remove dirt from the bottom of the pool;

1. (c) Surface skimmers, strainer

baskets and perimeter overflow systems shall be kept clean and in good repair;

1. (d) Main drain grates shall be

whole, opening shall not be over one-half inch (1/2") wide, and in good repair and firmly affixed at all times;

1. (e) All pool equipment shall be

kept clean and in good repair at all times;

1. (f) Discharged pool water shall

conform to Missouri Department of Natural Resources regulations;

1. (g) Water shall be maintained at

the overflow level;

1. (h) Daily operating records shall

be maintained by the owner or operator and available upon request. The residual concentration of all chemicals used in the pool, pH, and the date and time of the information provided shall be recorded. Other information to be recorded includes water temperature, amount of chemicals used, flow rate, equipment breakdowns, amount of makeup water; and reported accidents requiring medical attention. A sign-in sheet shall be available for patrons wishing to use the pool;

1. (i) Pool chemicals shall be stored

separately from all other chemicals. All chemicals shall be handled, stored and labeled properly in accordance with the manufacturer’s recommendations; and

1. (j) Indoor pool areas, pump

rooms, and storage rooms shall be vented to the exterior;

1. (IV) Spas shall meet the additional

following requirements, exemption—a pool used under direct supervision of qualified AND SENIOR SERVICES

medical personnel is excluded:

1. (a) The maximum water depth

shall be four feet (4') measured from the water line. The maximum depth of any seat or sitting bench shall be two feet (2') measured from the water line;

1. (b) Water temperature controls

shall be provided to prevent water temperatures from exceeding one hundred four degrees Fahrenheit (104°F). The controls shall be accessible only to the pool operator;

1. (c) Outlets shall be designed so

that each pumping system prevents user entrapment;

1. (d) Disinfectant feeders shall be

capable of supplying at least twenty (20) ppm chlorine or equivalent;

1. (e) The agitation system shall be

separate from the water treatment recirculation system. The agitation system shall be connected to a timer; and

1. (f) A legible sign visible from

the spa shall be provided. It shall state at the minimum: “Caution. Any person having an acute or chronic disease such that use of this spa might adversely affect their health should consult a physician before using this spa. Do not use the spa alone or without supervision. Do not use the spa longer than 10 minutes. Children shall be accompanied by an adult.” Additional precautionary information may be added as deemed necessary by the lodging facility or manufacturer.

1. (F) Life Safety. The lodging establishment shall be constructed, operated and maintained with strict regard to health and safety.

   1. 1. General requirements are as follows:

      1. A. Combustibles, whether solid, liq-

uid or gaseous, shall be properly used and stored so that they do not present a hazard to health or life safety;

1. B. Toxic, corrosive, oxidizing or other

hazardous materials shall be properly used, stored, and disposed so that they do not present a hazard to health or life safety;

1. C. If the inspecting authority suspects

that defects are present with regards to the integrity of the structure or electrical system of the lodging establishment, that authority may require the owner to retain the services of a registered engineer to certify the lodging facility for building safety;

1. 2. Safety—Electrical. Electrical compo-

nents of lodging facilities must be installed and maintained in accordance with this rule. General requirements are as follows:

1. A. Electrical service entrances to

lodging facilities must be approved by the public utility serving the establishment prior to opening and within three (3) years of the implementation of this rule for existing lodging establishments;

1. B. New lodging facilities having elec-

trical outlets installed in wet locations or outdoors are required to be fitted with groundfault circuit-interrupters. This rule applies to existing lodging facilities if the facility undergoes renovation or rewiring;

1. C. Electrical switches, outlets and

junction boxes must be covered and properly protected from physical damage at all times;

1. D. All appliances must be grounded

to design specifications;

1. E. Wire splices shall be located in

covered junction boxes at all times;

1. F. Bare or frayed wiring is prohibited;
2. G. Three (3)-prong receptacles must

be properly grounded at all times;

1. H. Public hallways, stairways, land-

ings, and foyers shall be sufficiently illuminated at all times to prevent tripping or other injuries to persons at the lodging facility’s foyers;

1. I. Temporary wiring and flexible

cords shall not be used in place of fixed wiring except for extension cords that are appropriately sized for appliances;

1. (I) Use of extension cords longer

than six feet (6') is prohibited. No more than one (1) extension cord per room may be used;

1. J. Wattage of light bulbs shall not

exceed the wattage rating of corresponding light fixtures;

1. K. Empty light sockets are prohibit-

ed;

1. L. Circuit boxes shall be protected

from physical damage and maintained in good condition. Storage of items that obstruct the vision of or access to circuit boxes is prohibited. Access to electrical panels is to be unobstructed; and

1. M. Fuses and circuits must be labeled

for identification;

1. 3. Safety—Fire.

   1. A. General Requirements.

      1. (I) Hangings or draperies shall not

be placed over exit doors or located to conceal or obscure any exit.

1. (II) Mirrors shall not be placed on

exit doors or adjacent to any exit that may confuse the direction of exit.

1. (III) Housekeeping practices that

ensure fire safety shall be maintained daily.

1. (IV) Stairways, walks, ramps, and

porches shall be kept free of ice and snow.

1. (V) No fresh-cut Christmas trees

shall be used unless they are treated with a flame resistant material. Documentation of the treatment shall be on file at the facility.

1. (VI) All facilities shall comply with

all local building codes, fire codes and ordinances.

1. (VII) Dead-end corridors or hall-

ways shall not exceed thirty-five feet (35'). and Communicable Disease Prevention

1. B. Exiting and Means of Egress.

   1. (I) Means of egress, from all guest

rooms/guest suites to the outside of the building shall have access to a primary means of escape. The primary means of escape shall be a door, stairway, or ramp providing a means of unobstructed travel without traversing any corridor or space exposed to an unprotected vertical opening. The primary means of escape shall lead outside of the dwelling unit at street or ground level. Exemption: all facilities that are licensed prior to the effective date of these rules.

1. (II) Where the guest rooms/guest

suites are above or below the level of exit discharge, the primary means of escape shall be an enclosed interior stair, an exterior stair, a horizontal exit, or an existing fire escape stair. Exemption: All facilities that are licensed prior to the effective date of these rules.

1. (III) In addition to the primary

route, each room shall have a second means of escape in accordance with the following:

1. (a) A door, stairway, passage, or

hall providing a way of unobstructed travel to the outside of the dwelling at street or ground level, that is independent of and remote from the primary means of escape;

1. (b) A passage through an adja-

cent non-lockable space, independent of and remote from the primary means of escape, to any approved means of escape;

1. (c) An outside window or door

operable from the inside without the use of tools, keys, or special effort and providing a clear opening of not less than twenty inches (20") in width, twenty-four inches (24") in height, and 5.7 square feet in area. The bottom of the opening shall not be more than forty-four inches (44") above the floor. Such means of escape shall be acceptable if the window is within twenty feet (20') of grade, the window is directly accessible to fire department rescue apparatus as approved by the local fire inspector or State Fire Marshal’s office, or the window or door opens onto an exterior balcony. Exceptions: A secondary means of escape shall not be required:

1. I. If the bedroom or living area

has a door leading directly to the outside of the building at or to grade level; or

1. II. If the dwelling unit is protect-

ed throughout by an approved, supervised automatic sprinkler system.

1. (IV) Every story more than two

thousand (2,000) square feet in area or with a travel distance to the primary means of escape more than seventy-five feet (75') shall be provided with two (2) primary means of escape remotely located from each other. A remote exit or a remote means of egress is when two (2) exits or two (2) exit access doors are required. Each door or exit access door shall be placed at a distance apart equal to not less than one-half (1/2) the length of the maximum overall diagonal dimension of the building or area to be used. Exception No. 1: All facilities that are licensed prior to the effective date of these rules. No. 2: Building protected throughout by an approved, supervised automatic sprinkler system.

1. (V) There shall be no storage on

stairs or landings.

1. (VI) No door in any means of

egress shall be locked against egress when the building is occupied.

1. (a) Exception: Delayed egress

locks shall be permitted, provided not more than one (1) such device is located in any one egress path. The door lock unlocks upon loss of power to the building. The door lock unlocks upon actuation of the fire sprinkler system. The door lock unlocks upon activation of the fire alarm system in the building.

1. (b) Exception: Exterior doors

shall be permitted to have key-operated/or knob-operated locks provided the key cannot be removed from the lock.

1. (VII) All facilities that use stairs as

a component in the means of egress shall comply with the following:

1. (a) All open face stairs shall have

guards placed on the sides. Guards shall be placed so that a four-inch (4") diameter sphere shall not pass through them. All guards shall be attached to the stair in a sturdy manner. Exception: Existing stairs may continue to be used subject to approval of administrative authority having jurisdiction.

1. (b) All ramps that are used in the

exit discharge shall have a minimum width of forty-four inches (44") in all facilities.

1. (c) All ramps shall have a slip

resistant surface.

1. (d) All ramps that are greater

than six inches (6") in height shall have handrails and guards placed on each side. The handrails and guards shall comply with the stair requirements listed above;

1. (e) No door or path of travel in a

means of escape shall be less than twentyeight inches (28") wide in existing facilities, and in all new facilities the doors shall be thirty-two inches (32") wide. Exception: Bathroom doors shall be not less than twenty-four inches (24") wide;

1. (f) Every closet door latch shall

be such that it can be readily opened from the inside in case of emergency;

1. (g) Every bathroom door shall

be designed to allow opening from the outside during an emergency when locked;

1. (h) No door in any means of

escape shall be locked against egress when the building is occupied. See exception (b) in (3)(F)3.B.(VI) of this rule;

1. (i) Doors serving a single

dwelling unit shall be permitted to be provided with a lock, however, a key operation shall be allowed, providing that the key cannot be removed when the door is locked from the side from which egress is made.

1. C. Protection.

   1. (I) Every floor that separates sto-

ries in a building shall be constructed as a smoke barrier to provide a basic degree of compartmentation. Exemption: All facilities that are licensed prior to the effective date of these rules.

1. (II) Openings through floors, such

as stairways, hoistways for elevators, dumbwaiters, inclined and vertical conveyors; shaftways used for light, ventilation, or building services; or expansion joints and seismic joints used to allow structural movements, shall be enclosed with fire barriers (vertical), such as wall or partition assemblies whose fire resistance rating is not less than thirty (30) minutes. Such enclosures shall be continuous from floor to floor. Openings shall be protected as appropriate for the fire resistance rating of the barrier. Exemption: All facilities that are licensed prior to the effective date of these rules.

1. D. Interior Finishes.

   1. (I) Textile materials having a

napped, tufted, looped, woven, non-woven, or similar surface shall not be applied to walls or ceilings. Foam plastic materials or other highly flammable or toxic material shall not be used as an interior wall, ceiling, or floor finish unless approved by the administrative authority having jurisdiction.

1. E. Fire Alarms, and Extinguishment.

   1. (I) A fire alarm system shall be

installed and maintained in good working order.

1. (a) When manual fire alarm pull

stations are provided, they shall be located in the natural path of escape near each required exit from an area. Each manual fire alarm station on a system shall be accessible, unobstructed, visible, and of the same general type. A manual fire alarm station is to be located at the hotel desk or other convenient central control point under continuous supervision by responsible employees. Exception: Buildings protected throughout by an approved, supervised automatic sprinkler system. 19 CSR 20-3

1. (b) Facilities using equipment or

appliances that pose a potential carbon monoxide risk, including facilities with attached parking garages, shall install a carbon monoxide detector(s) within the immediate vicinity of the carbon monoxide source. The number of detectors shall be determined by the local administrative authority.

1. (c) Smoke detectors shall be

installed in all sleeping rooms, common areas, and workspaces.

1. (d) Carbon monoxide and smoke

detectors shall be in good operating condition. If a battery-operated detector is routinely not operational, the provider shall install a detector that is powered by the building’s electrical system with a battery backup.

1. (e) By June 2007, all smoke

detectors and carbon monoxide detectors shall be interconnected and powered by the building’s electrical system with battery backup.

1. (II) Occupant notification shall be

provided automatically, without delay, throughout the entire building, by internal audible alarm. Visible signals shall be installed in guest rooms designated for hearing-impaired individuals.

1. (III) All buildings shall be protect-

ed throughout by an approved, supervised automatic sprinkler system.

1. (a) Exception: Buildings other

than high rise, where all guest sleeping rooms have a door that opens directly to the outside at street or ground level or to exterior exit access.

1. (b) Exception: All facilities that

are licensed prior to the effective date of these rules.

1. (IV) Smoke and carbon monoxide

detectors shall be tested once per month or as needed to ensure they are operating properly, and batteries shall be changed yearly or as needed. All sprinkler and smoke detector systems shall be tested and approved annually by a fire alarm or sprinkler company.

1. (V) Records shall be kept on file

showing the dates the sprinkler, and smoke and carbon monoxide detector systems were tested, results of those tests, and dates that the batteries were changed in smoke and carbon monoxide detectors.

1. (VI) Portable fire extinguishers

(51b, 2A-10BC) shall be required in all facilities. Fire extinguishers shall be located in or near the cooking area, and near all sleeping rooms. The maximum travel distance to a fire extinguisher shall be no greater than seventyfive feet (75').

1. (VII) All fire extinguishers shall be

inspected, maintained, and installed annually by a fire extinguisher company. AND SENIOR SERVICES

1. F. Separation of Sleeping Rooms.

   1. (I) All sleeping rooms shall be sep-

arated from escape route corridors by walls and twenty (20) minute fire rated doors or accepted by local/state fire marshal that are smoke resistant. There shall be no louvers or operable transoms or other air passages penetrating the wall except properly installed heating and utility installations.

1. (II) Sleeping room doors shall be

provided with sleeping room latches or other mechanisms suitable for keeping the doors closed. Doors shall be self-closing or automatic-closing upon detection of smoke. Exception: Door-closing devices shall not be required in buildings protected throughout by an approved, automatic sprinkler system or exterior doors that lead to outside of the dwelling unit at street or ground level.

1. G. Emergency Evacuation Plans, and

Drills.

1. (I) A floor diagram reflecting the

actual floor or exterior doors that lead outside of the dwelling unit at street or ground level arrangement, exit locations, and room identification shall be posted in a location and manner acceptable to the local authorities in every guest room or immediately adjacent to every guest room door.

1. (II) Employees shall be instructed

and drilled in the duties they are to perform in the event of fire, panic, or other emergency. A copy of an emergency evacuation plan and employee instruction guide shall be kept on file that is accessible by all staff.

1. (III) Fire safety information shall

be provided to allow guests to decide either to evacuate to the outside, evacuate to an area of refuge, remain in place, or any combination of the three (3).

1. H. Heating, Cooling and Air

Conditioning Equipment.

1. (I) Unvented fuel-fired room

heaters, portable electrical space heaters, shall not be used.

1. (II) Facilities heating with a boiler

or with a water heater over two hundred thousand British thermal units (200,000 Btu) per hour input or larger, shall have a valid permit posted on the premises, as well as on file with the State Fire Marshal’s Office, Division of Fire Safety.

1. (III) Gas and electric heating equip-

ment shall be equipped with thermostatic controls. Gas water heaters shall be vented properly by a galvanized flue pipe with screws at every joint in the pipe, or by material recommended by the manufacturer.

1. (IV) Furnace rooms shall be prop-

erly vented to the outside. Furnace flue pipes shall be constructed of galvanized pipe or material recommended by the manufacturer. and Communicable Disease Prevention

All galvanized pipe shall be secured by screws at every joint in the pipe.

1. (V) Joints in gas supply pipes shall

be located outside the furnace cabinet housing.

1. (VI) Gas shutoff valves shall be

located next to all gas appliances, furnaces, and water heaters.

1. (VII) The furnace and water heater

shall be located inside a fire resistant room. The room shall have a one (1)-hour fire rated door. Furnace rooms and rooms containing water heaters shall not be required to be fire resistive if an automatic sprinkler head is installed off the domestic water system and a smoke detector is located directly outside the room that is interconnected to the other smoke detectors throughout the facility. (VIII) If a furnace or water heater is located inside a garage, it shall be at least eighteen inches (18") above the finished floor and enclosed inside a fire resistant room.

1. (IX) Furnaces shall be equipped

with an electrical fused switch to protect the unit from electrical overloading and to disconnect the electrical supply.

1. (X) Furnace rooms and rooms con-

taining water heaters shall have adequate combustion air for the units. The vent size openings for the combustion air shall be measured at one (1) square inch per one thousand (1,000) Btu input, if the combustion air is drawn from inside the structure, and one (1) square inch per four thousand (4,000) Btu input if the air is drawn from outside the structure. There shall be two (2) combustion air vent openings in each furnace room. One (1) shall be located at the lower level and the other at the upper level. One (1) combustion air vent opening shall be permitted if the vent opening extends directly to the outside of the structure. This opening shall be one (1) square inch per three thousand (3,000) Btu input of the total gas appliances located in the room. The gas appliances shall have a clearance around them of one inch (1") from the sides and back and six inches (6") from the front of the unit.

1. (XI) Air conditioning, heating,

ventilating duct work, and related equipment shall be installed in a safe manner and be in good operating condition. AND SENIOR SERVICES and Communicable Disease Prevention AUTHORITY: sections 192.006 and 315.005–315.065, RSMo 2000.* This rule was previously filed as 13 CSR 50-66.010. Original rule filed as Missouri Division of Health E 9.01 on Sept. 4, 1957, effective Sept. 14, 1957. Rescinded and readopted: June 28, 2001, effective Feb. 28, 2002.

*Original authority: 192.006, RSMo 1993, amended 1995, and 315.005–315.065, RSMo, see Revised Statutes of Missouri.