PURPOSE: This rule establishes fire/safety standards for new and existing residential care facilities I and II.

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. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. PUBLISHER’S NOTE: All rules relating to long-term care facilities licensed by the Division of Aging are followed by a Roman Numeral notation which refers to the class (either class I, II or III) of standard as designated in section 198.085.1, RSMo. Supp. 1999. (1) Definitions. For the purpose of this rule, the following definition shall apply:

1. (A) Area of refuge—A space located in a path of travel leading to a public way that is protected from the effects of fire, either by means of separation from other spaces in the same building or by virtue of location, thereby permitting a delay in egress travel from any level. An area of refuge has a temporary use during egress. It generally serves as a staging area that provides relative safety to its occupants while potential emergencies are assessed, decisions are made, and mitigating activities are begun. Taking refuge within such an area is, thus, a stage of the total egress process; a stage between egress from the immediately threatened area and egress to a public way.

1. (2) General Requirements.

   1. (A) All National Fire Protection Association (NFPA) codes and standards cited in this rule: NFPA 10, Standard for Portable Fire Extinguishers, 1994 edition; NFPA 13R, Installation of Sprinkler Systems, 1996 edition; NFPA 13, Installation of Sprinkler Systems, 1976 edition; NFPA 13 or NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies Up to and Including Four Stories in Height, 1999 edition; NFPA 13 or NFPA 13D, Standard for the Installation of Sprinkler Systems, 1999 edition; NFPA 13D, Standard for the Installation of Sprinkler Systems in Oneand Two- Family Dwellings and Manufactured Homes, 1994 edition; NFPA 96, Ventilation Control and Fire Protection of Commercial Cooking Operations, 1994 edition; NFPA 101, The Life Safety Code, 2000 edition; NFPA 72, National Fire Alarm Code, 1996 edition; NFPA 72A, Local Protective Signaling Systems, 1975 edition; NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 1998 edition; and NFPA 253, Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source, 2000 edition with regard to the minimum fire safety standards for residential care facilities I and II are incorporated by reference in this rule and available for purchase from the National Fire Protection Agency, 1 Batterymarch Park, Quincy, MA 02269- 9101; www.nfpa.org; by telephone at (617) 770-3000 or 1-800-344-3555. This rule does not incorporate any subsequent amendments or additions to the materials listed above.
   2. (B) For the purpose of this rule, fire-resistant construction is defined as that type of construction in which bearing walls, columns and floors are of noncombustible material and all bearing walls, floors and roofs shall have a minimum of a one (1)-hour fire-resistant rating.
   3. (C) All licensed facilities shall meet and maintain the facility in accordance with the fire safety standards in effect at the time of initial licensing, unless there is a specific requirement cited in this rule. I/II
   4. (D) All facilities shall notify the Department of Health and Senior Services hereinafter the department immediately if there is a fire involving death or harm to a resident requiring medical attention by a physician or substantial damage to the facility. The department shall be notified in writing within seven

2. (7) days in case of any other fire, regardless of the size of the fire or the loss involved. II/III

   1. (E) The department shall have the right of inspection of any portion of a building in which a licensed facility is located unless the unlicensed portion is separated by two (2)- hour fire-resistant construction or the building is equipped with a complete sprinkler in accordance with NFPA 13 or NFPA 13R and the unlicensed portion is separated by one (1)-hour fire-resistant construction. No section of the building shall present a fire hazard. I/II
   2. (F) The facility shall maintain the exterior premises in a manner as to provide for fire safety. II
   3. (G) When the facility accepts residents who are deaf, residential care facilities I with an asleep night attendant shall have appropriate assistive devices to enable each deaf person to negotiate a path to safety, including, but not limited to, visual or tactile alarm systems. I/II

3. (3) Fire Extinguishers.

   1. (A) Fire extinguishers shall be provided at a minimum of one (1) per floor, so that there is no more than one hundred feet (100') travel distance from any point on that floor to an extinguisher. I/II
   2. (B) All new or replacement portable fire extinguishers shall be ABC-type extinguishers, in accordance with the provisions of the 1994 National Fire Protection Association (NFPA) 10, Standard for Portable Fire Extinguishers. II

   3. (C) Fire extinguishers shall have a rating of at least:

      1. 1. Ten (10) pounds, or the equivalent, in

or within fifteen feet (15') of hazardous areas as defined in 13 CSR 15-11; and

1. 2. Five (5) pounds or the equivalent in

other areas. II

1. (D) Every fire extinguisher shall bear the label of the Underwriters’ Laboratories (UL) or the Factory Mutual (FM) Laboratories and the extinguisher, its installation, maintenance and use shall comply with the provisions of the 1994 edition of the NFPA 10. This includes the documentation and dating of a monthly pressure check. II/III

1. (4) Range Hood Extinguishing Systems.

   1. (A) In facilities licensed on or before July 11, 1980, or in any facility with fewer than twenty-one (21) beds, the kitchen shall provide either:

      1. 1. An approved automatic range hood

extinguishing system properly installed and maintained in accordance with the 1994 NFPA 96, Standard on Ventilation Control and Fire Protection of Commercial Cooking Operations; or

1. 2. A portable fire extinguisher of at least

ten (10) pounds, or the equivalent, in the kitchen area in accordance with the 1994 NFPA 10. II/III

1. (B) In licensed facilities with a total of twenty-one (21) or more licensed beds and whose application was filed after July 11, 1980 and prior to October 1, 2000:

   1. 1. The kitchen shall be provided with a

range hood and an approved automatic range hood extinguishing system;

1. 2. The range hood extinguishing system

shall have the capacity of being manually operated, unless there is an approved sprinkler system; and

1. 3. The extinguishing system shall be

installed and maintained in accordance with the applicable edition of NFPA 96. II/III

1. (C) Facilities licensed on or after October 1, 2000, shall not be required to install and maintain range hood extinguishing systems since facilities shall be required to have complete sprinkler systems; however, if facilities have range hood extinguishing systems, they shall comply with the provisions of the 1994 NFPA 96. II/III
2. (D) The range hood and its extinguishing system shall be inspected and certified at least annually. II/III

1. (5) Fire Drills.

   1. (A) All facilities shall develop a written plan for fire drills and evacuation and shall request consultation and assistance annually from a local fire unit. II/III
   2. (B) The plan shall include, as a minimum, written instructions for evacuation of each floor including evacuation to areas of refuge, if applicable, and floor plan showing the 19 CSR 30-86

location of exits, fire alarm pull stations, fire extinguishers and any areas of refuge. II/III

1. (C) The evacuation plan for facilities with areas of refuge shall also include plans for evacuating residents from the area of refuge to a point of safety outside the building, if necessary. II/III
2. (D) The written plan shall show the location of any additional water sources on the property such as cisterns, wells, lagoons, ponds or creeks. II/III

3. (E) The evacuation plan shall include procedures for the safety and comfort of residents evacuated including:

   1. 1. Staffing assignments;
   2. 2. Whom staff are to call including but

not limited to fire department or other outside emergency services, alternative resource(s) for housing residents if necessary, administrative staff; and

1. 3. Which staff member is charged with

accounting for residents’ whereabouts. II/III

1. (F) The written plan and evacuation diagram shall be posted on each floor in a conspicuous place so that employees and residents can become familiar with the plan and routes to safety. II/III
2. (G) A minimum of twelve (12) fire drills shall be conducted annually with at least one

1. (1) every three (3) months on each shift. The fire drills shall include a resident evacuation at least once a year. II/III

   1. (H) The staff shall be trained on how to proceed in the event of a fire. The training shall include:

      1. 1. All components of evacuation plan;
      2. 2. How to properly evacuate injured res-

idents;

1. 3. Which residents may need to be

awakened or may need special assistance; and

1. 4. How to operate fire extinguishing

equipment. II/III

1. (I) The facility shall keep a record of all fire drills. The record shall include the time, date, personnel participating, length of time to complete the fire drill, and a narrative notation of any special problems. III

1. (6) Exits, Stairways and Fire Escapes.

   1. (A) Each floor of a facility shall have at least two (2) unobstructed exits remote from each other.

      1. 1. For a facility whose plans were

approved on or before December 31, 1987, or a facility licensed for twenty (20) or fewer residents, one (1) of the required exits from a multi-story facility shall be an outside stairway or an enclosed stairway that is separated by one (1)-hour rated construction from each SENIOR SERVICES

floor with an exit leading directly to the outside at grade level. Existing plaster or gypsum board of at least one-half inch (1/2") thickness may be considered equivalent to one (1)-hour rated construction. The other required exit may be an interior stairway leading through corridors or passageways to outside or to a two (2)-hour rated horizontal exit as defined by paragraph 3.3.61 of the 2000 edition NFPA 101. Neither of the required exits shall lead through a furnace or boiler room. Neither of the required exits shall be through a resident’s bedroom, unless the bedroom door cannot be locked.

1. 2. For a facility whose plans were

approved after December 31, 1987, for more than twenty (20) residents, the required exits shall be doors leading directly outside, one (1)-hour enclosed stairs or outside stairs or a two (2)-hour rated horizontal exit as defined by paragraph 3.3.61 of 2000 edition NFPA 101. The one (1)-hour enclosed stairs shall exit directly outside at grade. Access to these shall not be through a resident bedroom or a hazardous area. I/II

1. 3. Only one (1) of the required exits may

be a two (2)-hour rated horizontal exit.

1. (B) In facilities with plans approved after December 31, 1987, doors to resident use rooms shall not be more than one hundred feet (100') from an exit. In facilities equipped with a complete sprinkler system in accordance with NFPA 13 or NFPA 13R, the exit distance may be increased to one hundred fifty feet (150'). Dead-end corridors shall not exceed thirty feet (30') in length. II
2. (C) Floors housing residents who require the use of a walker, wheelchair or other assistive devices or aids, or who are blind, must have two (2) accessible exits to grade or such residents must be housed near accessible exits as specified in 19 CSR 30-86.042(32). Facilities equipped with a complete sprinkler system, in accordance with the 1996 edition of NFPA 13 or NFPA 13R with sprinklered attics, and smoke partitions, as defined by subsection (9)(I) of this rule, may house such residents on floors that do not have accessible exits to grade if each required exit is equipped with an area of refuge as defined and described in subsections (1)(A) and (6)(D) of this rule. I/II

3. (D) An “area of refuge” shall have:

   1. 1. An area separated by one (1)-hour

rated smoke walls, from the remainder of the building. This area must have direct access to the exit stairway or access the stair through a section of the corridor that is separated by smoke walls from the remainder of the building. This area may include no more than two (2) resident rooms;

1. 2. A two (2)-way communication or

intercom system with both visible and audible signals between the area of refuge and the bottom landing of the exit stairway, attendants’ work area, or other primary location as designated in the written plan for fire drills and evacuation;

1. 3. Instructions on the use of the area

during emergency conditions that are located in the area of refuge and conspicuously posted adjoining the communication or intercom system;

1. 4. A sign at the entrance to the room

that states “AREA OF REFUGE IN CASE OF FIRE” and displays the international symbol of accessibility;

1. 5. An entry or exit door that is at least

a one and three-fourths inch (1 3/4") solid core wood door or has a fire protection rating of not less than twenty (20) minutes with smoke seals and positive latching hardware. These doors shall not be lockable;

1. 6. A sign conspicuously posted at the

bottom of the exit stairway with a diagram showing each location of the areas of refuge;

1. 7. Emergency lighting for the area of

refuge; and

1. 8. The total area of the areas of refuge

on a floor shall equal at least twenty (20) square feet for each resident who is blind or requires the use of wheelchair or walker housed on the floor. II

1. (E) If it is necessary to lock exit doors, the locks shall not require the use of a key, tool, special knowledge or effort to unlock the door from inside the building. Only one (1) lock shall be permitted on each door. Delayed egress locks complying with section 7.2.1.6.1 of the 2000 edition NFPA 101 shall be permitted, provided that not more than one

1. (1) such device is located in any egress path. Self-locking exit doors shall be equipped with a hold-open device to permit staff to reenter the building during the evacuation. I/II

   1. (F) If it is necessary to lock resident room doors, the locks shall not require the use of a key, tool, special knowledge or effort to unlock the door from inside the room. Only one (1) lock shall be permitted on each door. Every resident room door shall be designed to allow the door to be opened from the outside during an emergency when locked. The facility shall ensure that facility staff have the means or mechanisms necessary to open resident room doors in case of an emergency. I/II
   2. (G) All stairways and corridors shall be easily negotiable and shall be maintained free of obstructions. II
   3. (H) Outside stairways shall be constructed to support residents during evacuation and shall be continuous to the ground level. Outside stairways shall not be equipped with a counter-balanced device. They shall be protected from or cleared of ice or snow. II/III
   4. (I) Facilities with three (3) or more floors shall comply with the provisions of Chapter 320, RSMo which requires outside stairways to be constructed of iron or steel. II
   5. (J) Fire escapes constructed on or after November 13, 1980, whether interior or exterior, shall be thirty-six inches (36") wide, shall have eight-inch (8") maximum risers, nine-inch (9") minimum tread, no winders, maximum height between landings of twelve feet (12'), minimum dimensions of landings of forty-four inches (44"), landings at each exit door, handrails on both sides and be of sturdy construction, using at least two-inch (2") lumber. Exit doors to these fire escapes shall be at least thirty-six inches (36") wide and the door shall swing outward. II/III
   6. (K) If a ramp is required to meet residents’ needs under 19 CSR 30-86.042, the ramp shall have a maximum slope of one to twelve (1:12) leading to grade. II/III

2. (7) Exit Signs.

   1. (A) Signs bearing the word EXIT in plain, legible letters shall be placed at each required exit, except at doors directly from rooms to exit passageways or corridors. Letters of all exit signs shall be at least six inches (6") high and three-fourths of an inch (3/4") wide, except that letters of internally illuminated exit signs shall not be less than four and onehalf inches (4 1/2") high. II
   2. (B) Directional indicators showing the direction of travel shall be placed in corridors, passageways or other locations where the direction of travel to reach the nearest exit is not apparent. II/III
   3. (C) All required exit signs and directional indicators shall be positioned so that they are illuminated by both normal and emergency lighting. II/III

3. (8) Fire Alarm Systems.

   1. (A) All facilities shall have inspections and written certifications of the fire alarm system completed by an approved qualified service representative in accordance with the 1996 NFPA 72, National Fire Alarm Code, at least annually. II/III
   2. (B) All residential care facilities I licensed for more than twenty (20) residents shall be equipped with a complete fire alarm system in accordance with the applicable edition of NFPA 72. I/II
   3. (C) All residential care facilities II shall be equipped with a complete fire alarm system in accordance with the applicable edition of NFPA 72. I/II
   4. (D) All residential care facilities with more than one (1) structure on the premises housing residents shall be equipped with a complete fire alarm system in accordance with the applicable edition of NFPA 72. I/II
   5. (E) A complete fire alarm system will not be required for facilities licensed prior to July 11, 1980, if the facility has a sprinkler system installed and maintained in accordance with the 1976 NFPA 13, Standard for the Installation of Sprinkler Systems. I/II
   6. (F) Residential care facilities I licensed for twenty (20) or fewer residents shall be equipped with a complete automatic fire alarm system or individual home-type detectors. The individual home-type detectors shall be UL-approved battery-powered detectors which sense smoke and automatically sound an alarm which can be heard throughout the facility. If individual home-type detectors are being used, there shall be one

4. (1) detector per resident-use room, in corridors and stairwells and in any hazardous area other than the kitchen where either a smoke or heat detector may be used. I/II

   1. (G) The fire alarm system shall be an electrically supervised system with standby emergency power installed and maintained in accordance with the 1996 NFPA 72. Those facilities with plans approved prior to October 1, 2000, shall comply with the provision of the 1975 edition of NFPA 72A, Local Protective Signaling Systems. Those facilities with plans approved on or after October 1, 2000, shall comply with the 1996 edition of NFPA 72. I/II
   2. (H) As a minimum, the fire alarm system shall consist of a manual pull station at or near each attendant’s station and each required exit, smoke detectors located no more than thirty feet (30') apart in the corridors or passageways with no point in the corridor or passageway more than fifteen feet (15') from a detector and no point in the building more than thirty feet (30') from a detector. In residential care facilities licensed prior to November 13, 1980, smoke detectors located every fifty feet (50') will be acceptable. The smoke detectors will not be required in facilities licensed prior to November 13, 1980, if a complete heat detector system, interconnected to the fire alarm system, is provided in every space throughout the facility. It must include audible signal(s) which can be heard throughout the building and a main panel that interconnects all alarmactivating devices and audible signals. I/II
   3. (I) Every fire alarm system shall be tested at least once a month, and a record of all tests shall be maintained. II/III
   4. (J) Any fault with any part of the fire alarm system shall be corrected immediately upon discovery. I/II
   5. (K) When a fire alarm system is to be out of service for more than four (4) hours in a twenty-four (24)-hour period, the facility shall immediately notify the department and implement an approved fire watch until the fire alarm system has been returned to full service. I/II
   6. (L) Detectors shall be tested monthly and batteries shall be changed as needed. A record shall be kept of the dates of testing and the changing of batteries. II/III
   7. (M) Any fault with any detector shall be corrected immediately upon discovery. I/II

5. (9) Protection from Hazards.

   1. (A) In residential care facilities I and II licensed on or after November 13, 1980, for more than twelve (12) residents, hazardous areas shall be separated by construction of at least a one (1)-hour fire-resistant rating. In facilities equipped with a complete automatic fire alarm system, not individual residentialtype detectors, the one (1)-hour fire separation is required only for furnace or boiler rooms. Hazardous areas equipped with a complete sprinkler system are not required to have this one (1)-hour fire separation. Doors to hazardous areas shall be self-closing and shall be kept closed unless an electromagnetic hold-open device is used which is interconnected with the fire alarm system. II
   2. (B) The storage of unnecessary combustible materials in any part of a building in which a licensed facility is located is prohibited. I/II
   3. (C) Space under stairways shall not be used for storage of combustible materials unless the space is separated by one (1)-hour rated construction and sprinklered. II/III
   4. (D) Electric or gas clothes dryers shall be vented to the outside. Lint traps shall be cleaned regularly to protect against fire hazard. II/III
   5. (E) In residential care facilities II licensed on or after November 13, 1980, each floor shall be separated by construction of at least a one (1)-hour fire resistant rating. Buildings equipped with a complete sprinkler system may have a nonrated smoke separation barrier between floors. Doors between floors must be a minimum of one and three-fourths inches (1 3/4") thick and be solid core wood doors or metal doors with an equivalent fire rating. II
   6. (F) In residential care facilities I and II licensed prior to November 13, 1980, and multi-storied residential care facilities I licensed on or after November 13, 1980, there shall be a smoke separation barrier 19 CSR 30-86

between the floors of resident-use areas and any floor below the resident-use area. This shall consist of a solid core wood door or metal door with an equivalent fire rating at the top or the bottom of the stairs. There shall not be a transom above the door that would permit the passage of smoke. II

1. (G) Atriums open between floors will be permitted if resident room corridors are separated from the atrium by one (1)-hour rated smoke walls. These corridors must have access to at least one (1) of the required exits without traversing any space opened to the atrium. II
2. (H) All doors providing separation between floors shall have a self-closing device attached. If the doors are to be held open, electromagnetic hold-open devices shall be used that are interconnected with either an individual smoke detector, a sprinkler system or a complete fire alarm system. II
3. (I) In facilities whose plans are approved or which are initially licensed after December 31, 1987, for more than twenty (20) residents, each floor used for resident bedrooms shall be divided into at least two (2) smoke sections by one (1)-hour rated smoke stop partitions. No smoke section shall exceed one hundred fifty feet (150') in length. If, however, neither the length nor width of a floor exceeds seventy-five feet (75'), no smoke stop partitions are required. Openings in smoke stop partitions shall be protected by solid core doors equipped with closers and magnetic hold-open devices. Any duct passing through this smoke wall shall be equipped with automatic resetting smoke dampers that are activated by the fire alarm systems. Smoke dampers are not required where both smoke sections are protected by Quick Response Sprinklers. Smoke partitions shall extend from outside wall-to-outside wall and from floor-to-floor or floor-to-roof deck. II
4. (J) Facilities whose plans are approved or which are initially licensed after December 31, 1987, for more than twenty (20) residents and which are unsprinklered shall have one (1)-hour rated corridor walls with one and three-quarters inch (1 3/4") solid core wood doors or metal doors with an equivalent fire rating. II
5. (K) If two (2) or more levels of long-term care or two (2) different businesses are located in the same building, the entire building shall meet either the most strict construction and fire safety standards for the combined facility or the facilities shall be separated from the other(s) by two (2)-hour fire-resistant construction. In buildings equipped with a complete sprinkler system in accordance SENIOR SERVICES

with NFPA 13 or NFPA 13R, this separation may be rated at one (1) hour. II

1. (10) Sprinkler Systems.

   1. (A) All residential care facilities II that are not of fire-resistant construction which house any residents above the second floor shall be provided throughout with an automatic sprinkler system installed and maintained according to the applicable edition of the NFPA 13, Standard for the Installation of Sprinkler Systems. I/II
   2. (B) Residential care facilities I that are not of fire-resistant construction and which house residents above the third floor shall be provided throughout with an automatic sprinkler system installed and maintained according to the applicable edition of the NFPA 13 or NFPA 13D, Standard for the Installation of Sprinkler Systems in Oneand Two-Story Dwellings and Manufactured Homes. I/II
   3. (C) Facilities whose plans are approved or which are initially licensed after December 31, 1987, for more than twenty (20) residents shall be completely sprinklered if they are not of fire-resistant construction and if they are over one (1) story in height. One (1) story facilities shall be completely sprinklered unless all combustible structural members are provided with one (1)-hour fire-rated protection. One-half inch (1/2") gypsum board or plaster is considered equivalent to one (1)- hour protection. The sprinkler system shall comply with the applicable edition of either NFPA 13 or NFPA 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies Up to and Including Four Stories in Height. I/II
   4. (D) All residential care facilities I and II initially licensed or with plans approved on or after October 1, 2000, shall have complete sprinkler systems installed and maintained in accordance with the 1996 edition of NFPA 13 or NFPA 13R. In areas where public water supplies are not available, a private water supply meeting the requirements of the 1994 edition of NFPA 13D, Standard for the Installation of Sprinkler Systems in Oneand Two-Family Dwellings and Manufactured Homes, will be acceptable. I/II
   5. (E) All facilities shall have inspections and written certifications of the sprinkler system completed by an approved qualified service representative in accordance with the 1998 NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems. The inspections shall be in accordance with the provisions of NFPA 25, with certification at least annually by a qualified service representative. II/III
   6. (F) When a sprinkler system is to be out of service for more than four (4) hours in a twenty-four (24)-hour period, the facility shall immediately notify the department and implement an approved fire watch until the sprinkler system has been returned to full service. I/II

2. (11) Emergency Lighting.

   1. (A) Emergency lighting of sufficient intensity shall be provided for exits, stairs, resident corridors and attendants’ station. II
   2. (B) The lighting shall be supplied by an emergency service, an automatic emergency generator or battery operated lighting system. This emergency lighting system shall be equipped with an automatic transfer switch. II
   3. (C) If battery powered lights are used, they shall be capable of operating the light for at least one and one-half (1 1/2) hours. II

3. (12) Interior Finish and Furnishings.

   1. (A) In a facility licensed on or after November 13, 1980, for more than twelve

4. (12) residents, wall and ceiling surfaces of all occupied rooms and all exitways shall be of a material or so treated as not to have a flamespread classification of more than seventyfive (75) according to the method of the Fire Hazard Classification of Building Materials of Underwriters Laboratories, Inc. II

   1. (B) In facilities licensed prior to November 13, 1980, all wall and ceiling surfaces shall be smooth and free of highly combustible materials. II
   2. (C) In a facility licensed on or after November 13, 1980, for more than twelve

5. (12) residents, the new or replacement floor covering and carpeting shall be Class I in nonsprinklered buildings and Class II in sprinklered buildings. Class I has a critical radiant flux of zero point forty-five (0.45) or more watts per square centimeter when tested according to NFPA 253, Standard Method of Test for Critical Radiant Flux of Floor Covering Systems Using a Radiant Heat Energy Source. Class II has a critical radiant flux of zero point twenty-two (0.22) or more watts per square centimeter when tested according to NFPA 253. II/III

   1. (D) All new or replacement curtains and drapes in a licensed facility shall be certified or treated to be flame-resistant. II

6. (13) Smoking.

   1. (A) Smoking shall not be permitted in sleeping quarters except at that time as direct supervision is provided. Areas where smoking is permitted shall be designated as such and shall be supervised either directly or by a resident informing an employee of the facility that the area is being used for smoking. II/III
   2. (B) Ashtrays shall be made of noncombustible material and safe design and shall be provided in all areas where smoking is permitted. II/III
   3. (C) The contents of ashtrays shall be disposed of properly in receptacles made of noncombustible material. II/III

7. (14) Trash and Rubbish Disposal.

   1. (A) Only metal or UL- or FM-fire-resistant rated wastebaskets shall be used for trash. II
   2. (B) Trash shall be removed from the premises as often as necessary to prevent fire hazards and public health nuisance. II
   3. (C) No trash shall be burned within fifty feet (50') of any facility except in an approved incinerator. I/II
   4. (D) Trash may be burned only in a masonry or metal container. II
   5. (E) The container shall be equipped with a metal cover with openings no larger than onehalf inch (1/2") in size. III

AUTHORITY: section 198.076, RSMo 2000.* This rule originally filed as 13 CSR 15- 15.022. Original rule filed July 13, 1983, effective Oct. 13, 1983. Emergency amendment filed Aug. 1, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Amended: Filed Sept. 12, 1984, effective Dec. 13, 1984. Amended: Filed May 13, 1987, effective Aug. 13, 1987. Amended: Filed Aug. 1, 1988, effective Nov. 10, 1988. Amended: Filed Feb. 28, 2000, effective Sept. 30, 2000. Moved to 19 CSR 30-86.022, effective Aug. 28, 2001. Amended: Filed Aug. 16, 2004, effective Feb. 28, 2005. Amended: Filed Aug. 1, 2005, effective Jan. 30, 2006. *Original authority: 198.076, RSMo 1979, amended 1984.