PURPOSE: This rule prescribes fire safety requirements for all day programs serving people who are mentally ill or mentally disordered as required by section 630.710, RSMo.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) The head of the day program shall have adequate fire detection equipment installed in accordance with National Fire Protection Association codes and approved by the state fire marshal’s inspector.

   1. (A) The day program shall provide a home-type detector in each room of the building in which the day program is located, including restrooms without bathing facilities and storage rooms, in front of the door to each stairway and at intervals of no more than thirty feet (30') in corridors. Home-type detectors shall have the approval of an accepted testing laboratory, shall be powered by an individual battery, and shall sense smoke or heat, and sound an audible alarm. Detectors shall be tested monthly and batteries shall be changed as needed. A record shall be kept of the dates of testing and changing of batteries.
   2. (B) Day programs with more than fifty

2. (50) clients or with clients using more than one (1) floor shall have a manual fire alarm system to supplement protection offered by the detectors required under subsection (1)(A).

   1. (C) The day program shall have an electrical alarm system including an automatic fire sprinkler system under any of the following conditions:

      1. 1. Clients use any floor above the sec-

ond floor;

1. 2. Clients who require mechanical or

human assistance to evacuate the facility use any floor above or below the first floor; or

1. 3. Clients use a floor below the level of

exit discharge such as a cellar or basement, which exceeds twelve hundred (1200) square feet in total area.

1. (D) Water supply for sprinkler systems required under this section may be a domestic water source if the domestic water system is designed to adequately support the design flow of the largest number of sprinklers in any one area.

1. (2) No day program shall be located in the same fire section as a high hazard occupancy either manufacturing, industrial or storage, as defined by the National Fire Protection Association.

2. (3) Day programs shall be separated from other occupancies in the same building in accordance with the following fire grading requirements:

   Fire Grading Of Use Groups Fire Grading

Use Group in Hours Assembly, theatres 3 Assembly, night clubs 3 Assembly, recreation center, lecture halls, terminals, restaurants 2 Assembly, churches, schools 1 1/2 Business 2 Institutional, restrained 3 Mentally Ill or Mentally Disordered

Fire Grading Of Use Groups Fire Grading

Use Group in Hours Institutional, incapacitated 2 Mercantile 3 Residential, hotels 2 Residential, multi-family dwellings 1 1/2 Residential, 1- and 2-family dwellings 1 (4) Approved, portable fire extinguishers shall be located on each floor of the facility so that no person will have to travel more than one hundred feet (100') from any point to reach the nearest extinguisher. Additional approved fire extinguishers, type A-B-C, or extinguishing systems, shall be provided for every kitchen, laundry, storage room, boiler room, furnace room, elevator motor room and other mechanical equipment rooms. All personnel employed in the facility shall be instructed in the operation of the fire alarm system and the various types of extinguishers.

1. (5) Fire alarm systems and sprinkler systems shall be inspected annually by a competent authority who shall test and certify in writing that the system is operating properly. Annual inspections performed for insurance purposes are acceptable.
2. (6) Hazardous materials, fuels and other combustible supplies and equipment, the contents of which are easily ignited, burn with an intense flame or result in the production of dense smoke or fumes (for example, oil-base paint, paint thinner, cleaning supplies and gasoline) shall be stored in a room, space or container having a fire-resistance rating of at least one (1) hour.
3. (7) Boilers, furnaces and gas hot water heaters shall be located in a room which is separated from the rest of the facility by construction having a fire-resistance rating of at least one (1) hour or the room shall be protected by an automatic extinguishing system. These rooms shall not be used for storage. Doors to these rooms shall be solid core or equivalent and shall be self-closing. There shall be adequate ventilation to the outside atmosphere to properly support combustion in the boiler, furnace or hot water heater. Furnaces and hot water heaters having an open flame shall not be located in garages unless they are enclosed by a one (1)-hour fire-resistance rating assembly and burners are located at eighteen inches (18") above the garage floor.
4. (8) The heating of day program facilities shall be restricted to steam, hot water or warm air systems employing either central heating plants with installation so as to safeguard the inherent fire hazard or approved installations of outside wall heaters which bear the approved label of the American Gas Association or the American Insurance Association. Alternate modern types of heating systems may be accepted, if approved by the department. The use of portable heaters of any kind is prohibited. If approved wall heaters are used, adequate guards shall be provided to safeguard clients. The heating apparatus employed shall not constitute a burn hazard to the clients. Floor-type heaters or furnaces shall not be permitted. All heating equipment shall be equipped with a thermostat control.
5. (9) Heating and ventilation systems and equipment shall be installed and maintained in compliance with standards of the American Insurance Association or American Gas Association. Liquefied petroleum gas
6. (LPG) tanks shall be annually inspected for leaks. Furnaces and other heating units also shall be inspected annually. In day programs having thirteen (13) or more clients, the hot water heater shall be inspected annually and approved annually by qualified authorities such as service representatives of a commercial heating company or a public utility company. The head of the program shall maintain a record of the results of inspections required by this section.
7. (10) Hot water heaters shall have a pressure and temperature relief valve, be properly vented and equipped with thermostatic controls in compliance with the applicable codes. The overflow pipes from the pressure relief valve shall be installed and extend within three inches (3") of the floor. There shall be an air gap between the bottom of the overflow valve and any floor or sewer drain.
8. (11) The use of wood, gas or electric fireplaces shall not be permitted unless they are installed in compliance with National Fire Protection Association codes and the facility has prior approval of the department. Free standing fireplaces, wood stoves and other fuel burning appliances shall meet the requirements set forth in Appendix A of this rule.
9. (12) Heating elements such as wood stoves, fireplaces, space heaters, radiators and wall furnaces in spaces occupied by clients shall be protected by partitions, screens or other means approved by the department to safeguard clients from burns. 9 CSR 40-10

10. (13) Exits shall meet the following requirements:

    1. (A) Each floor used by clients shall have at least two (2) exits remote from each other. At least one (1) of these exits must lead directly outside at ground level, to an outside stairway, or to an enclosed stairway that is separated by one and one-half (1 1/2)-hour fireresistant rating construction from each floor and has an exit leading directly to the outside. Neither of the required exits shall lead through a furnace room or a boiler room. A required exit shall not be through a kitchen if the day program serves more than ten (10) clients;
    2. (B) Every room or space with a capacity of over twenty-five (25) persons or over one thousand (1000) square feet (92.9 square meters) in area shall have at least two (2) doorways as remote from each other as practicable. These doorways shall provide access to separate exits, but, where egress is through corridors, may open upon a common corridor leading to separate exits in opposite directions;
    3. (C) If part of the building, in which the day program is located is vacant or if the day program shares use of the building with any other occupancy not subject to these rules, both required exits shall lead directly outside or to an enclosed corridor or stairway that leads directly outside and is not available to any other occupancy as a means of egress;
    4. (D) Outside stairways shall be substantially constructed to support clients during evacuation. They shall be kept clear of ice and snow. Newly constructed fire escapes shall be at least thirty-six inches (36") wide, shall have eight-inch (8") maximum risers, nineinch (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 and shall be continuous to ground level;
    5. (E) Outside stairways in facilities with three (3) floors shall be constructed of iron or steel;
    6. (F) Travel distance between any room door and an exterior exit shall not exceed one hundred feet (100'), nor shall any point in a room and an exterior exit exceed one hundred fifty feet (150'). These travel distances may be increased by fifty feet (50') in buildings completely equipped with an automatic fire extinguishing system;
    7. (G) The facility shall keep all means of egress, including exits, corridors, passageways, aisles and exit, through rooms free of any item that would obstruct the exit route;
    8. (H) Corridor length between smokestop partitions, horizontal exits or from either to the end of the corridor on any floor used by clients shall not exceed one hundred fifty feet (150');
    9. (I) Corridors, aisles or passageways to be used as a means of horizontal exit shall be at least thirty-four inches (34") wide;
    10. (J) Exit doors shall be at least thirty-six inches (36") wide in new construction and twenty-eight inches (28") wide in existing buildings. All exit doors shall swing in the direction of exit travel if the day program serves ten (10) or more clients. They shall be provided with panic hardware if the exit is subject to use by fifty (50) or more persons. Locks shall not require the use of a key from inside the building;
    11. (K) Latches on closet doors shall be such that they can be opened from the inside by clients;
    12. (L) Locks on bathroom doors shall be designed to permit opening from the outside and the device to open the door shall be readily accessible to staff; and
    13. (M) In multi-use occupancies, clients shall not have access to other areas of the building, at the discretion of the Division of Fire Safety.
11. (14) The day program shall have Underwriters’ Laboratory (UL)-approved emergency lighting for means of egress. The emergency lighting system shall use only reliable types of rechargeable batteries, provided with suitable facilities for maintaining them in properly charged condition. The emergency lighting system shall operate without manual intervention on failure of normal services. Emergency lighting for means of egress is not required if the state fire marshal determines the means of egress to be safely lighted by some other source.
12. (15) Day programs serving more than ten

13. (10) clients shall provide at each exit a sign bearing the word EXIT.

    1. (A) The exit sign shall be readily visible from the direction of exit access and shall provide contrast with decorations, interior finish and other signs.
    2. (B) Letters of signs shall be at least six inches (6") high, with the principal strokes of the letters not less than three-fourths inch (3/4") wide.
    3. (C) Exit signs shall be powered by the building’s electrical service with battery backup having a duration time of at least one and one-half (1 1/2) hours. Approved selfluminous nonelectrical exit signs may be used in lieu of exit signs powered by the building’s electrical system.

14. (16) The day program shall have a firestop partition between each floor.

    1. (A) All doors providing separation between floors shall have a self-closing device attached. If the doors are to be held open, they shall use electromagnetic hold-open devices that are interconnected with other fire extinguishers or alarm systems in the building.
    2. (B) Firestop partitions where required shall have a one (1)-hour fire-resistance rating when serving three (3) stories or less and a two (2)-hour fire-resistance rating when serving four (4) or more stories.
    3. (C) Firestop partitions shall extend from wall-to-wall and floor-to-ceiling or roof.
    4. (D) Openings in firestop partitions shall be protected by approved doors with a fire-resistance rating of at least three-fourths (3/4) of an hour, be self-closing and kept closed at all times, unless they have magnetic hold-open devices connected to the fire detection or sprinkler system.
    5. (E) Doors shall swing in the direction of exit travel.

15. (17) If kitchens in day program facilities have a commercial stove or deep fryer, the facility shall—

    1. (A) Provide each cooking range and deep fryer with a range hood and fire suppression system with automatic cutoff for fuel supply and exhaust system in case of fire. The fire suppression system shall be installed and cleaned in accordance with National Fire Protection Association codes; and
    2. (B) Have interior kitchen doors separating the kitchen from the rest of the facility. These doors shall have a fire-resistance rating of three-fourths (3/4) of an hour or equivalent and shall be kept closed when not in use.

16. (18) Every room or space used by clients, except restrooms shall have at least one (1) outside window for emergency rescue and ventilation. The window shall be openable from the inside without the use of tools and provide clear opening of not less than twenty inches (20") in width, twenty-four inches (24") in height and five and seven-tenths (5.7) square feet in area. The bottom of the opening shall be not more than forty-four inches (44") above the finished floor and any latching device shall be capable of being operated from not more than fifty-four inches (54") above the finished floor. This window requirement does not apply under the following circumstances:

    1. (A) In buildings protected throughout by an approved automatic sprinkler system;
    2. (B) In buildings protected throughout by an approved smoke detection system, with detectors spaced at a maximum of thirty feet (30N) on center and with direct tie to the fire department servicing the area; or
    3. (C) Where the room or space has a door leading directly to the outside of the building.
17. (19) Stairways shall be adequately illuminated with electric lights and shall be provided with well-secured handrails which may project not more than three and one-half inches (3 1/2") on each side. The minimum width of stairway shall be at least thirty inches (30"). The width of a landing at either end of a flight of stairs shall not be less than the width of any door leading to the stairs.
18. (20) There shall be no enclosed usable space under the stairs in any exit enclosure nor shall the open space, either under the stairs or adjacent to the stairs, be used for storage.
19. (21) All preliminary plans and drawings for sprinkler systems and fire alarm systems shall be reviewed by the state fire marshal before they are installed.
20. (22) The state fire marshal reserves the right to require any reasonable, additional fire protection measures deemed necessary for the clients’ safety.
21. (23) The state fire marshal, at his/her discretion, may approve the use of systems, methods or devices which provide a level of protection which is equivalent or superior to the protection provided under this rule.
22. (24) The head of the day program shall conduct fire drills at least quarterly and shall cooperate with the state fire marshal’s inspector in initiating unscheduled fire drills. The head of the day program shall keep a written report of each drill indicating whether the evacuation plan was realized, whether any problems were encountered and whether any corrections are needed.
23. (25) The National Life Safety Code shall prevail in the interpretation of these standards.

AUTHORITY: sections 630.050 and 630.705, RSMo (1994).* Emergency rule filed June 17, 1986, effective July 1, 1986, expired Oct. 29, 1986. Original rule filed June 17, 1986, effective Nov. 13, 1986. Amended: Filed Jan. 2, 1990, effective June 11, 1990. Amended: Filed July 17, 1995, effective March 30, 1996. *Original authority: 630.050, RSMo (1980), amended 1993, 1995 and 630.705, RSMo (1980), amended 1982, 1984, 1985, 1990. Mentally Ill or Mentally Disordered Appendix A Rules for the Installation and Use of Fireplaces, Wood Stoves and Other Fuel Burning Appliances I. The stove must be approved by a nationally recognized testing and approving agency. II. Wood stoves, free standing fireplaces and other fuel burning appliances must be at least thirty-six inches (36") away from walls and other combustible materials. (This includes furniture, drapes and firewood.) The connector (chimney or flue) must have at least eighteen inches (18") clearance from the walls and ceiling. III. A connector to a masonry chimney must be the size recommended by the manufacturer for the stove and chimney height. If the stove or fireplace connection is to a masonry chimney, there must be at least eight inches (8") clearance to combustible material at the surface where the connector enters the chimney. Combustible material includes paint, wallpaper, paneling and gypsum board. The connection to the chimney must be through a metal or fireclay thimble. The thimble must be flush with the inside of the flue liner and flush with the outer surface of the masonry chimney. It must be cemented in place with high temperature cement. IV. There must be a noncombustible hearth under the stove or fireplace. The hearth must extend at least eight inches (8") on the sides and back of the fireplace or stove and at least eighteen inches (18") in the front. A. If there is no clearance at the bottom of the stove or fireplace, it must rest on brick or hollow blocks at least eight inches (8") thick. There must be a piece of sheet metal at least twenty-four (24) gage between the bricks or blocks and the floor. The spaces between the bricks or blocks must be filled with sand. B. If the stove has legs, the floor fire protection, at a minimum, must meet the following requirements: 1. If the legs are eighteen inches (18") high, the floor shall be protected by onequarter inch (1/4") noncombustible millboard, with twenty-four inch (24") gage sheet metal between the millboard and the floor; 2. If the legs are eight inches (8") high, the floor shall be protected by three-eighths inch (3/8") noncombustible millboard with twenty-four (24) gage sheet metal between the millboard and the floor; 3. If the legs are four inches (4") high, the floor shall be protected by four-inch (4") brick or hollow blocks with twenty-four (24) gage sheet metal between the blocks and the 9 CSR 40-10 floor. The spaces between the bricks/blocks connected to the same flue. All other openmust be filled with sand; and ings, except for the cleanout, must be perma- 4. When noncombustible millboard is nently sealed; and M. A spark arrestor must be installed at used, the top surface of the millboard must be the chimney outlet. protected from damage by the stove legs. Pieces of ceramic tile or sheet metal placed between the stove legs and the millboard will do this. Note: Noncombustible millboard not compressed asbestos board must be used. V. When fireplaces, woodstoves or other fuel burning appliances are in use, the head of the day program shall require that a window be opened or use other ventilation methods to replace the air used for combustion. VI. Factory-built metal chimneys shall be UL-approved and meet the following requirements: A. They must be double or triple wall construction; B. Double wall chimneys must be installed with at least a two-inch (2") clearance to combustible material; C. The inside diameter and height must be as specified by the manufacturer in his/her installation instructions; D. Where double wall metal chimneys penetrate floors and ceilings, factory-built firestop spacers must be used to maintain clearances; E. Portions of the double wall metal chimney extending through rooms or closets must be enclosed to prevent contact with persons or combustible material. Chimney chases must be firestopped; F. The chimney must terminate at least two feet (2') higher than any part of a building within ten feet (10'). It must be at least three feet (3') higher than the highest part of the roof it passes through; G. All chimney parts must be factory-built and must be UL-listed. This includes items such as: chimney cap, roof flashing, chimney support boxes, firestop spacers, storm collars, cleanouts, elbows, braces, bands and wall spacers; H. All openings through which the chimney passes must be firestopped with noncombustible material; I. An exterior metal chimney may not be closer than twenty-four inches (24") to a door, window or walkway unless it is insulated or shielded to prevent burning a person who might touch it; J. There must be three feet (3')-clearance between the chimney and the property line; K. A cleanout “T” must be installed; L. When a woodburning appliance is connected to a flue, no other appliances can be