Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 20 - Division of Community and Public Health › Chapter 3 - General Sanitation › Section 19 CSR 20-3.050 - Sanitation and Safety Standards for Lodging Establishments

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes sanitation and safety
				  standards pertaining to life safety, fire safety, electrical wiring,
				  fuel-burning appliances, plumbing and swimming pools/spas for lodging
				  establishments.
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.
(1) General.
(A) Definitions.
1. "Administrative authority" shall mean
				local or state health department representative or local codes
				administrator/fire marshal, state fire marshal or his/her
				representative.
2. "Air break"
				shall mean a piping arrangement in which a drain from a fixture, appliance or
				device discharges indirectly into another fixture, receptacle or interception
				at a point below the flood level rim. The connection does not provide an
				unobstructed vertical distance and is not solidly connected but precludes the
				possibility of backflow to a potable water source.
3. "Air gap" shall mean the unobstructed
				vertical distance through the free atmosphere between the lowest opening from
				any pipe or outlet supplying fixture, or other device, and the flood level rim
				of the receptacle. The vertical physical separation shall be at least two (2)
				times the inside diameter of the water inlet pipe above the flood rim level but
				shall not be less than one inch (1").
4. "Approved" shall mean acceptable to the
				administrative authority having jurisdiction.
5. "Bed and breakfast" shall mean an existing
				building(s) with no more than three (3) occupiable stories, with at least five
				(5) but no more than ten (10) guest rooms. The building shall have interior
				corridors and be provided with a kitchen; breakfast shall be provided to guests
				and the owner must live in or adjacent to the building.
6. "Dead-end corridor" shall mean a corridor,
				aisle or passageway arranged without an exit access in two (2)
				directions.
7. "Equivalent code"
				shall mean any code that is accepted by state regulatory authorities and the
				industry that contains the same definition or standard as the code referenced
				in this rule, including but not limited to, fire alarm systems, wireless smoke
				detectors and supervised sprinkler systems.
8. "Existing lodging establishment" shall
				mean a building, component or feature that is operating as a licensed lodging
				establishment or has a current inspection conducted by or for the Missouri
				Department of Health and Senior Services (DHSS) and is in the process of
				obtaining a lodging license as of the effective date of this rule.
9. "Exit" shall mean the portion of a means
				of egress that is separated from all other spaces of the building or structure
				by construction or equipment required to provide 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.
10. "Exit access" shall mean the portion of a
				means of egress that leads to an exit.
11. "Exit discharge" shall mean the portion
				of a means of egress between the termination of an exit and a public
				way.
12. "Fire alarm system" is as
				described in the National Fire Protection Association 72,
National Fire
				Alarm Code 2002 Edition
, which is incorporated by reference in this
				rule or equivalent code. Any interested person may view this material at the
				agency's headquarters or may purchase a copy from the National Fire Protection
				Association, 11 Tracy Drive, Avon, MA 02322. This rule does not incorporate any
				subsequent amendments or additions.
13. "Fire barrier" shall mean 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.
14. "Fire
				resistance rating" shall mean the length of time, in minutes or hours, that
				materials or structural elements can withstand fire exposure.
15. "Flame resistant material" shall mean the
				property of material or its structural elements that prevents or retards the
				passage of excessive heat, hot gases or flames under conditions in which they
				are used.
16. "Furnace" shall mean
				a heating device with forced air ductwork.
17. "Group of buildings" as referenced in the
				lodging establishment definition, shall mean any building, structure, facility,
				place, bed and breakfast, or places of business, including but not limited to,
				multiple, individual or multi-unit cabins and guest rooms that are not attached
				to the main building but receive the same services/amenities as those guest
				rooms within the main building.
18.
				"Guest room" shall mean any room or unit where sleeping accommodations are
				regularly furnished to the public.
19. "Hardwired" shall mean wired directly and
				permanently into the building's main electrical wiring system and/or a wireless
				system as described in the National Fire Protection Association 72,
National Fire Alarm Code 2002 Edition
or equivalent
				code.
20. "Hazardous areas" shall
				mean 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.
21. "Historic building" shall mean a building
				that is listed individually in the National Register of Historic Places or is
				located in a registered historic district and certified by the Secretary of the
				Interior as contributing to the historic significance of the
				district.
22. "Lodging
				establishment" shall include any building, group of buildings, structure,
				facility, place, or places of business where five (5) or more guest rooms are
				provided, which is owned, maintained, or operated by any person and which is
				kept, used, maintained, advertised or held out to the public for hire which can
				be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court,
				resort, cabins, tourist home, bunkhouse, dormitory, or other similar place by
				whatever name called, and includes all such accommodations operated for hire as
				lodging establishments for either transient guests, permanent guests, or for
				both transient and permanent guests. This definition shall not apply to
				dormitories and other living or sleeping facilities owned or maintained by
				public or private schools, colleges, universities, or churches unless made
				available to the general public and not used exclusively for students and
				faculty, school-sponsored events, baseball camps, conferences, dance camps,
				equitation camps, football camps, learned professional society meetings, music
				camps, retreats, seminars, soccer camps, swimming camps, track camps, youth
				leadership conferences, or church-sponsored events.
23. "Major renovation" shall mean a physical
				change to a lodging establishment or portion thereof, including the replacement
				or upgrading of major systems, which extends the useful life. Examples include,
				but are not limited to, demolition of the interior or exterior of a building or
				portion thereof, including the removal and subsequent replacement of
				electrical, plumbing, heating, ventilating and air conditioning systems, fixed
				equipment and interior walls and partitions (whether fixed or moveable).
				Replacement of broken, dated or worn equipment/items, including but not limited
				to, individual air conditioning units, bathroom tile, shower stalls that do not
				require any additional or new plumbing, electrical, etc. shall not be
				considered a major renovation.
24.
				"Means of egress" shall mean 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.
25. "New lodging
				establishment" shall mean a building, component or feature that begins
				operation as a lodging establishment after the effective date of this rule or
				an existing lodging establishment that has ceased operation for a time period
				of eighteen (18) months or more and reopens as a lodging establishment after
				the effective date of this rule.
26. "Occupiable story" shall mean a story
				available to guests.
27. "Potable
				water" shall mean water which is safe for human consumption in that it is free
				from impurities in amounts sufficient to cause disease or harmful physiological
				effects and, for the purpose of this rule, must be approved by the Department
				of Natural Resources (DNR) or the DHSS prior to serving to the general
				public.
28. "Potentially hazardous
				food" shall mean those foods that are referenced in
				19 CSR
				20-1.025 Sanitation of Food Establishments.
29. "Prepackaged" shall mean bottled, canned,
				cartoned, securely bagged or securely wrapped, whether packaged in a food
				establishment or a food processing plant. It does not include a wrapper,
				carryout box or other nondurable container used to containerize food with the
				purpose of facilitating food protection during service and receipt of the food
				by the consumer.
30. "Primary means
				of egress" shall consist of, but is not limited to, an enclosed interior stair,
				an exterior stair, horizontal exit, 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. Stairways serving as part of the
				primary means of egress shall be enclosed with fire barriers (vertical), such
				as wall or partition assemblies with a fire resistance rating of 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.
31. "Private water
				supply" shall mean a piped water supply having less than fifteen (15) service
				connections or serving less than twenty-five (25) people at least sixty (60)
				days out of the year.
32. "Public
				water supply" shall mean 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 a community water system, transient
				noncommunity water system or nontransient noncommunity water system.
33. "Public way" shall mean 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.
34. "Remote exit or means of egress" shall
				mean when two (2) exits or two (2) exit access doors are required.
35. "Secondary means of egress" shall consist
				of, but is not limited to, a door, outside window, stairway, passage, fire
				escape or hall providing a way of unobstructed travel to the outside of the
				dwelling at street or ground level; a passage through an adjacent nonlockable
				space to any approved means of escape; 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 or opens
				onto an exterior balcony and is directly accessible to fire department rescue
				apparatus as approved by the local fire inspector or State Fire Marshal's
				office.
36. "Self-closing" shall
				mean to be equipped with an approved device that will ensure closing after
				having been opened.
37. "Sleeping
				room" shall mean the part of the guest room where people sleep.
38. "Smoke proof enclosure" shall mean a
				stair enclosure designed to limit the movement of combustion products, produced
				by a fire occurring in any part of the building, into such enclosure.
39. "Spa" shall mean a pool designed for
				recreational 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.
40. "Story" shall mean the
				portion of a building located between the upper surface of a floor and the
				upper surface of the floor or roof next above.
41. "Supervised sprinkler system" is as
				described in the National Fire Protection Association 13,
Standard for
				the Installation of Sprinkler Systems 2002 Edition
and the National
				Fire Protection Association 13R,
Standard for the Installation of
				Sprinkler Systems in Residential Occupancies up to and Including Four Stories
				in Height 2002 Edition
, which are incorporated by reference in this
				rule or equivalent code. Any interested person may view this material at the
				agency's headquarters or may purchase a copy from the National Fire Protection
				Association, 11 Tracy Drive, Avon, MA 02322. This rule does not incorporate any
				subsequent amendments or additions.
42. "Wet location" shall mean a location
				subject to saturation with water or other liquids, including but not limited
				to, bathtubs, sinks and/or shower stalls.