701.010. As used in sections 701.010 to 701.020, unless the context clearly requires otherwise, the following terms mean:
(1) "Hazardous locations", those structural elements, glazed or to be glazed:
(a) In residential, industrial, commercial and public buildings, commonly known as interior and exterior framed or unframed glass entrance doors; and
(b) Commonly known as sliding glass doors, including both fixed and sliding panels, storm doors, shower doors, and bathtub enclosures located in residential buildings and other structures used as dwellings, industrial buildings, commercial buildings, and public buildings;
(2) "Safety glazing material", any glazing material, including but not limited to tempered glass, laminated glass, wire glass or rigid plastic, and which is so constructed, treated or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material.
(L. 1976 S.B. 559 § 1)Effective 1-1-77
701.015. 1. Each light of safety glazing material installed in a hazardous location within the state shall have attached a transparent label which shall identify the labeler, whether the manufacturer or installer, and state that "safety glazing material" has been utilized in the installation. The label shall be legible and visible from the inside of the building after installation.
2. Safety glazing labeling pursuant to subsection 1 of this section shall not be used on other than safety glazing materials.
3. It is unlawful for any person, firm or corporation to sell or offer to sell for use in this state any sliding glass doors, including both fixed and closed panels, storm doors, shower doors, bathtub enclosures, interior and exterior framed or unframed glass entrance or exit doors made of material other than safety glazing material as provided in sections 701.010 to 701.020.
(L. 1976 S.B. 559 § 2)Effective 1-1-77
701.020. Any person who violates any provision of sections 701.010 to 701.020 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than fifty dollars; except that no liability under sections 701.010 to 701.020 is created as to any person who is an employee of a contractor, subcontractor or other employer responsible for compliance with sections 701.010 to 701.020.
(L. 1976 S.B. 559 § 3)Effective 1-1-77
701.025. As used in sections 701.025 to 701.059, unless the context otherwise requires, the following terms mean:
(1) "Department", the department of health and senior services of the state of Missouri;
(2) "Director", the director of the department of health and senior services or the designee of the director;
(3) "Existing system", an on-site sewage disposal system in operation prior to September 1, 1995;
(4) "Human excreta", undigested food and by-products of metabolism which are passed out of the human body;
(5) "Imminent health hazard", a condition which is likely to cause an immediate threat to life or a serious risk to the health, safety, and welfare of the public if immediate action is not taken;
(6) "Major modification" or "major repair", the redesigning and alteration of an on-site sewage system by relocation of the system or a part of the system, replacement of the septic tank or construction of a new absorption field;
(7) "Nuisance", sewage, human excreta or other human organic waste discharged or exposed on the owner's land or any other land from an on-site sewage disposal system in a manner that makes it a potential instrument or medium for the breeding of flies and mosquitoes, the production of odors, or the transmission of disease to or between a person or persons, or which contaminates surface waters* or groundwater;
(8) "On-site sewage disposal system", any system handling or treatment facility receiving domestic sewage which discharges into a subsurface soil absorption system and discharges less than three thousand gallons per day;
(9) "On-site sewage disposal system contractor", any person who constructs, alters, repairs, or extends an on-site sewage disposal system on behalf of, or under contract with, the property owner;
(10) "Person", any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name, the state of Missouri or any department thereof, or any political subdivision of this state;
(11) "Property owner", the person in whose name legal title to the real estate is recorded;
(12) "Sewage" or "domestic sewage", human excreta and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste and other similar waste from household or establishment appurtenances. Sewage and domestic sewage waste are further categorized as:
(a) "Blackwater", waste carried off by toilets, urinals and kitchen drains;
(b) "Graywater", all domestic waste not covered in paragraph (a) of this subdivision, including bath, lavatory, laundry and sink waste;
(13) "Subdivision", land divided or proposed to be divided for predominantly residential purposes into such parcels as required by local ordinances, or in the absence of local ordinances, "subdivision" means any land which is divided or proposed to be divided by a common owner or owners into three or more lots or parcels, any of which contains less than three acres, or into platted or unplatted units, any of which contains less than three acres, as a part of a uniform plan of development;
(14) "Subsurface soil absorption system", a system for the final renovation of the sewage tank effluent and return of the renovated wastewater to the hydrologic cycle, including the lateral lines, the perforated pipes, the rock material and the absorption trenches. Included within the scope of this definition are: sewage tank absorption systems, privies, chemical toilets, single-family lagoons and other similar systems; except that a subsurface sewage disposal system does not include a sewage system regulated pursuant to chapter 644;
(15) "Waste", sewage, human excreta or domestic sewage.
(L. 1986 H.B. 1101 § 1, A.L. 1994 S.B. 446)*Word "waters" does not appear in original rolls.
701.027. Sections 701.025 to 701.059 pertains to maximum daily flows of sewage of three thousand gallons or less and to sewage treatment facilities that have a designed maximum daily flow or an actual maximum daily flow of three thousand gallons or less.
(L. 1986 H.B. 1101 § 2, A.L. 1994 S.B. 446)
701.029. No person or property owner may operate an on-site sewage disposal system or transport and dispose of waste removed therefrom in such a manner that may result in the contamination of surface waters or groundwater or present a nuisance or imminent health hazard to any other person or property owner and that does not comply with the requirements of sections 701.025 to 701.059 and the on-site sewage disposal rules promulgated under sections 701.025 to 701.059 by the department.
(L. 1986 H.B. 1101 § 3, A.L. 1994 S.B. 446)
701.031. Property owners of all buildings where people live, work or assemble shall provide for the sanitary disposal of all domestic sewage. Except as provided in this section, sewage and waste from such buildings shall be disposed of by discharging into a sewer system regulated pursuant to chapter 644, or shall be disposed of by discharging into an on-site sewage disposal system operated as defined by rules promulgated pursuant to sections 701.025 to 701.059. Any person installing on-site sewage disposal systems shall be registered to do so by the department of health and senior services. The owner of a single-family residence lot consisting of three acres or more, or the owner of a residential lot consisting of ten acres or more with no single-family residence on-site sewage disposal system located within three hundred sixty feet of any other on-site sewage disposal system and no more than one single-family residence per each ten acres in the aggregate, except lots adjacent to lakes operated by the Corps of Engineers or by a public utility, shall be excluded from the provisions of sections 701.025 to 701.059 and the rules promulgated pursuant to sections 701.025 to 701.059, including provisions relating to the construction, operation, major modification and major repair of on-site disposal systems, when all points of the system are located in excess of ten feet from any adjoining property line and no effluent enters an adjoining property, contaminates surface waters or groundwater or creates a nuisance as determined by a readily available scientific method. Except as provided in this section, any construction, operation, major modification or major repair of an on-site sewage disposal system shall be in accordance with rules promulgated pursuant to sections 701.025 to 701.059, regardless of when the system was originally constructed. The provisions of subdivision (2) of subsection 1 of section 701.043 shall not apply to lots located in subdivisions under the jurisdiction of the department of natural resources which are required by a consent decree, in effect on or before May 15, 1984, to have class 1, National Sanitation Federation (NSF) aerated sewage disposal systems.
(L. 1986 H.B. 1101 § 4, A.L. 1994 S.B. 446, A.L. 1999 H.B. 216, A.L. 2004 H.B. 1433, A.L. 2005 H.B. 617)*This section was contained in H.B. 617, 2005, but no changes were made.
701.033. 1. The department shall have the power and duty to:
(1) Promulgate such rules and regulations as are necessary to carry out the provisions of sections 701.025 to 701.059;
(2) Cause investigations to be made when a violation of any provision of sections 701.025 to 701.059 or the on-site sewage disposal rules promulgated under sections 701.025 to 701.059 is reported to the department;
(3) Enter at reasonable times and determining probable cause that a violation exists, upon private or public property for the purpose of inspecting and investigating conditions relating to the administration and enforcement of sections 701.025 to 701.059 and the on-site sewage disposal rules promulgated under sections 701.025 to 701.059;
(4) Authorize the trial or experimental use of innovative systems for on-site sewage disposal, after consultation with the staff of the Missouri clean water commission, upon such conditions as the department may set;
(5) Provide technical assistance and guidance to any other administrative authority in the state on the regulation and enforcement of standards for individual on-site sewage disposal systems, at the request of such other administrative authority, or when the department determines that such assistance or guidance is necessary to prevent a violation of sections 701.025 to 701.059.
2. No rule or portion of a rule promulgated under the authority of sections 701.025 to 701.059 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
(L. 1986 H.B. 1101 § 5, A.L. 1993 S.B. 52, A.L. 1994 S.B. 446, A.L. 1995 S.B. 3, A.L. 2004 H.B. 1433, A.L. 2011 H.B. 89)Effective 7-11-11
CROSS REFERENCE:
Nonseverability clause, 640.099
701.035. Sections 701.025 to 701.059 shall not prohibit the enforcement of ordinances of political subdivisions establishing a system for the regulation and inspection of on-site sewage disposal contractors and a minimum code of standards for design, construction, materials, operation and maintenance of on-site sewage disposal systems, for the transportation and disposal of wastes therefrom and for on-site sewage disposal systems servicing equipment, provided such ordinance establishes a system at least equal to state regulation and inspection. Nor shall sections 701.025 to 701.059 be interpreted so as to preempt any private right of action which might otherwise exist. Nothing in sections 701.025 to 701.059 shall be construed to prohibit a political subdivision from enacting and enforcing standards which are more stringent than the provisions of sections 701.025 to 701.059 and rules promulgated pursuant thereto.
(L. 1986 H.B. 1101 § 6, A.L. 1994 S.B. 446)
701.037. 1. Whenever the director determines that there are reasonable grounds to believe that there has been violation of any provision of sections 701.025 to 701.059 or the rules promulgated under sections 701.025 to 701.059, the director shall give notice of such alleged violation to the person responsible, as herein provided. The notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for the issuance of the notice;
(3) Allow reasonable time as determined by the director for the performance of any act it requires;
(4) Be served upon the owner, operator or contractor, as the case may require, provided that such notice or order shall be deemed to have been properly served upon such person when a copy thereof has been sent by registered or certified mail to the person's last known address, as listed in the local property tax records concerning such property, or when such person has been served with such notice by any other method authorized by the laws of this state;
(5) Contain an outline of remedial action which is required to effect compliance with sections 701.025 to 701.059 and the rules promulgated under sections 701.025 to 701.059.
2. Existing systems, as defined in section 701.025, shall not be inspected, unless the director determines that there are reasonable grounds to believe that there has been a violation of any provision of sections 701.025 to 701.059.
3. If an aggrieved person files a written request for a hearing within ten days of the date of receipt of a notice, a hearing shall be held within twenty days from the date of the receipt of the notice, before the department director, to review the appropriateness of the remedial action. The director shall issue a written decision within thirty calendar days of the date of the hearing. Any final decision of the director may be appealed to the administrative hearing commission in the manner provided in chapter 621, or may at the option of the aggrieved person be appealed to the circuit court of the county wherein the offense is alleged to have occurred for a trial de novo on the merits. Any decision of the administrative hearing commission may be appealed as provided in sections 536.100 to 536.140.
4. Any city or county that has adopted the state standard, or the department, may require a property owner to abate a nuisance or repair a malfunctioning on-site sewage disposal system on the owner's property not later than the thirtieth day from which the owner receives notification from the city, county or department of the malfunctioning system or a final written order from the director, if a hearing or hearings were held pursuant to subsections 2 and 3 of this section. If weather conditions prevent the abatement of the nuisance or repair of the system within the thirty-day period or if the owner is unable, after reasonable effort, to obtain the services of a contractor or repair service within the thirty-day period, the abatement of the nuisance or repair of the system shall be made, weather permitting, no later than sixty days after notification. Such extension for abatement or repair shall be subject to approval by the city, county or department. The department may assess an administrative penalty on the property owner of no more than fifty dollars per day for each day that the on-site sewage disposal system remains unrepaired beyond the last day permitted by this section for the abatement or repair. All administrative penalties collected by the department under the provisions of this section shall be deposited in the state treasury to the credit of the general revenue fund.
5. The prosecuting attorney of the county in which any noncompliance or violation of sections 701.025 to 701.059 or any rule promulgated under sections 701.025 to 701.059 is occurring shall, at the request of the city, county or department, institute appropriate proceedings for correction in cases of noncompliance with or violation of the provisions of sections 701.025 to 701.059 and any rules promulgated under sections 701.025 to 701.059.
6. When it is determined by the department that an emergency exists which requires immediate action to protect the health and welfare of the public, the department is authorized to seek a temporary restraining order and injunction. Such action shall be brought at the request of the director of the department by the prosecuting attorney of the county in which the violation occurred. When such conditions are corrected and the health of the people of the state of Missouri is no longer threatened, the department shall request that such temporary restraining order and injunction be dissolved. For the purposes of this subsection, an "emergency" means any set of circumstances that constitute an imminent health hazard or the threat of an imminent health hazard as defined in section 701.025.
(L. 1986 H.B. 1101 § 7, A.L. 1994 S.B. 446, A.L. 2004 H.B. 1433)
701.038. 1. The department of health and senior services or any of its agents may not investigate a sewage complaint except when necessary as part of a communicable disease investigation unless the complaint is received from an aggrieved party or an adjacent landowner. The department of health and senior services or any of its agents may enter any adjoining property if necessary when they are making an inspection pursuant to this section. The necessity for entering such adjoining property shall be stated in writing and the owner of such property shall be notified before the department or any of its agents may enter, except that, if an imminent health hazard exists, such notification shall be attempted but is not required.
2. If the department or its agents make an investigation pursuant to a complaint as described in subsection 1 of this section and find that a nuisance does exist, the property owner shall comply with state and local standards when repairing or replacing the on-site sewage disposal system.
(L. 1994 S.B. 446, A.L. 2004 H.B. 1433, A.L. 2005 H.B. 58 merged with H.B. 617)
701.039. Nothing in sections 701.025 to 701.059 shall be construed as prohibiting the clean water commission from taking appropriate action under chapter 644 on violations of that chapter or regulations promulgated under that chapter. The rules and regulations promulgated under sections 701.025 to 701.059 shall not conflict with rules and regulations promulgated under chapter 644.
(L. 1986 H.B. 1101 § 8, A.L. 1994 S.B. 446)
701.040. 1. The department of health and senior services shall:
(1) Develop by September 1, 1995, a state standard for the location, size of sewage tanks and length of lateral lines based on the percolation or permeability rate of the soil, construction, installation, and operation of on-site sewage disposal systems. Advice from the department of natural resources shall be considered. City or county governments may adopt, by order or ordinance, the state standard in accordance with the provisions of sections 701.025 to 701.059. In any jurisdiction where a city or county has not adopted the state standard, the department of health and senior services shall enforce the state standard until such time as the city or county adopts the standard;
(2) Define by rule a list of those persons who are qualified to perform the percolation tests or soils morphology tests required by the state standard. The list shall include the following:
(a) Persons trained and certified by either the department, which shall include on-site sewage disposal system contractors or a certified agent of the department;
(b) Licensed engineers as defined in section 327.011;
(c) Sanitarians meeting standards defined by the department;
(d) Qualified geologists as defined in section 256.501; and
(e) Soil scientists, defined as a person that has successfully completed at least fifteen semester credit hours of soils science course work, including at least three hours of course work in soil morphology and interpretations;
(3) Develop in accordance with sections 701.053 to 701.055 a voluntary registration program for on-site sewage disposal system contractors. Approved county programs shall implement the contractor registration program. In any area where a county has not adopted, by order or ordinance, the contractor registration program, the department shall implement the program until such time as the county adopts the registration program;
(4) Establish an education training program specifically developed for contractors and city and county employees. Contractors may be taught and allowed to perform percolation tests. Reasonable fees may be charged of the participants to cover the cost of the training and shall be deposited in the public health services fund created in section 192.900. The department shall provide, as a part of the education training program, an installation manual for on-site sewage disposal systems. The manual shall also be made available, at the cost of publication and distribution, to persons not participating in the education and training program;
*(5) Periodically review, but not more than annually, any county's or city's ordinance or order and enforcement record to assure that the state standard is being consistently and appropriately enforced. In its review the department shall assess the timeliness of the county's or city's inspections of on-site sewage systems, and county or city enforcement may be terminated if the department determines that the county or city is unable to provide prompt inspections. If the department determines that the standard is not being consistently or appropriately enforced in any city or county, the department shall notify the county or city of the department's intent to enforce the standard in that jurisdiction and after thirty days' notice hold a public hearing in such county or city to make a determination as to whether the state shall enforce the state standard. Any city or county aggrieved by a decision of the department may appeal a decision of the department to the state board of health established under section 191.400. Any city or county aggrieved by a decision of the state board of health may appeal that decision to the administrative hearing commission in the manner provided in section 621.120; and
(6) Promulgate such rules and regulations as are necessary to carry out the provisions of sections 701.025 to 701.059.
2. Subdivision (5) of this section shall be void and of no effect after January 1, 1998.
(L. 1994 S.B. 446)*Subdivision (5) is void and of no effect after 1-1-98.
701.043. 1. The state standard shall consist of the following:
(1) Site selection requirements;
(2) Minimum design standards and specifications for construction, installation, and size of sewage tanks and length of lateral lines;
(3) Permit requirements;
(4) Inspections of installations;
(5) Repairs to failing systems;
(6) Requiring an engineering design for areas with a percolation rate in excess of sixty minutes per inch; and
(7) Criteria for variances.
2. If a city, county or the department determines that an on-site sewage disposal system meets the requirements of the state standards, the city, county or department may not impose any additional requirement before such on-site sewage disposal system is approved for operation.
3. A city, county or the department shall inspect, in the aggregate, up to sixty percent of on-site sewage disposal systems constructed, modified or repaired by contractors registered under sections 701.053 to 701.055 and at least seventy-five percent of on-site sewage disposal systems constructed, modified or repaired by persons not registered under sections 701.053 to 701.055 for which notice of construction, repair or modification is given under sections 701.046 to 701.048 and 701.050.
4. A city, county or the department may accept certification without on-site inspection under sections 701.046 to 701.048 and 701.050, from a registered contractor not required to provide a performance bond under section 701.052, that a system is properly designed and installed, modified or repaired pursuant to the state standard.
(L. 1994 S.B. 446)
701.046. Except as otherwise provided in section 701.031, no person may, on or after September 1, 1995, construct or make a major modification or major repair to an on-site sewage disposal system without first notifying the city, county or department and completing an application, upon a form provided by the department, and submitting a fee in the amount established by the city, county or department. The fee shall be set at an amount no greater than that necessary to cover the cost to implement the state standard for on-site sewage disposal systems and the registration of contractors. For areas of the state where the department is enforcing the state standard or registering contractors, the department shall establish the fee, by rule, at an amount not greater than ninety dollars. The department may charge an additional fee, as necessary, to cover the expenses of training those contractors electing to perform the percolation tests. The application form shall require such information necessary to show that the on-site sewage disposal system will comply with the state standard. Such fees, when collected by the department, shall be deposited in the state treasury to the credit of the Missouri public health services fund. The department shall provide technical assistance regarding the type and location of the system to be installed when processing applications received under sections 701.046 to 701.048 and 701.050. Fees collected by the department shall be deposited in the Missouri public health services fund created in section 192.900 and shall be used to implement sections 701.025 to 701.059 and for no other purpose.
(L. 1994 S.B. 446 § 701.046 subsec. 1)
701.047. Nothing in sections 701.025 to 701.059 shall be construed so as to prohibit any city or county from adopting minimum standards which are more restrictive than the standards adopted by the state pursuant to sections 701.025 to 701.059.
(L. 1994 S.B. 446 § 701.046 subsec. 2)
701.048. Except as otherwise provided in section 701.031, no person may construct, modify or repair an on-site sewage disposal system in a manner which does not comply with the state standard established under sections 701.025 to 701.059.
(L. 1994 S.B. 446 § 701.046 subsec. 3)
701.049. 1. All moneys collected by the department pursuant to sections 701.025 to 701.059, except any administrative penalties, shall be deposited in the state treasury to be credited to the Missouri public health services fund, which is created in section 192.900, and used for the specific purposes authorized in sections 701.025 to 701.059, except as provided in subsection 2 of this section, including contracting with county governments and local health departments to accomplish the purposes of sections 701.025 to 701.059.
2. The director may, upon appropriations from the general assembly, use money from the Missouri public health services fund for development of innovative sewage systems and pilot programs.
(L. 1994 S.B. 446, A.L. 2005 S.B. 74 & 49)Effective 6-29-05
701.050. No person required to provide notice and apply to the city, county or department under section 701.046 may complete the construction, major modification or major repair of an on-site sewage disposal system* without providing notice and an opportunity for inspection by the city, county or department as provided in this section. The person shall notify the city, county or department prior to 9:00 a.m. on the day preceding completion, in the case of contractors registered under sections 701.053 to 701.055, or prior to 9:00 a.m. on the second day preceding completion, in the case of persons not registered under sections 701.053 to 701.055, and the system shall be maintained in a condition which allows for a complete inspection, pursuant to the state standard, until 3:00 p.m. on the day of completion, unless the city, county or department provides confirmation that the system has been inspected and approved prior to that time. The system shall not be closed or completed if the city, county or department determines upon inspection that the system does not meet the state standard, and the city, county or department shall provide, at the time of inspection, a conspicuous marker or other form of notice indicating that the system does not meet the state standard. The city, county or department shall provide written confirmation of the results of the inspection or confirmation that the department did not inspect the system to the property owner within three working days of the day of completion.
(L. 1994 S.B. 446 § 701.046 subsec. 4)*Word "system" does not appear in original rolls.
701.051. The department of health and senior services may charge a fee of up to fifty dollars for an inspection of an on-site sewage disposal system conducted pursuant to a request from a lending institution, a prospective purchaser, the owner of the property, a real estate agent or a real estate broker. The fee for such inspection shall be paid by the requesting party. The fees collected by the department pursuant to this section shall be deposited in the Missouri public health services fund. The department of health and senior services may license and use private contractors to carry out the provisions of this section.
(L. 1994 S.B. 446, A.L. 1997 H.B. 402)
701.052. 1. A person who has, within the preceding twenty-four months, been found guilty or pleaded guilty to a violation of section 701.046, 701.047, 701.048 or 701.050 may not begin construction, major modification or major repair of an on-site sewage disposal system that is owned by another person unless the person constructing, modifying or repairing the system has provided to the department a performance bond or letter of credit as provided under this section.
2. The bond or letter shall be conditioned upon faithful compliance with the state standard for on-site sewage disposal systems established under sections 701.025 to 701.059 and shall be in the amount of five thousand dollars.
3. Such performance bond, placed on file with the department, shall be in one of the following forms:
(1) A performance bond, payable to the department and issued by an institution authorized to issue such bonds in this state; or
(2) An irrevocable letter of credit issued in favor of and payable to the department from a commercial bank or savings and loan having an office in the state of Missouri.
4. Upon a determination by the department that a person has failed to construct, modify or repair an on-site sewage disposal system in compliance with the state standard, the department shall notify the person that the bond or letter of credit shall be forfeited and the moneys placed in the Missouri public health services fund for remedial action, if that person does not bring the system up to the state standard established under sections 701.025 to 701.059 within thirty days after notice of such determination has been given.
5. If the system is not brought into compliance with the state standard within thirty days, the department shall, within thirty days of the expiration of the notice period, expend whatever portion of the bond or letter of credit is necessary to hire a registered on-site sewage disposal system contractor to bring the system into compliance with the state standard.
6. The requirement for a person to provide a performance bond or a letter of credit under this section shall cease for that person after two consecutive years in which the person has not been found guilty or pleaded guilty to a violation of section 701.046, 701.047, 701.048 or 701.050.
7. Emergency major modification or major repair of the on-site sewage disposal system made to relieve an imminent health hazard may be made without a permit, but the city, county or department shall be notified not later than the fifth working day after the date on which the repair is made, and the city, county or department shall establish an expedited review process for emergency major modifications or major repairs.
(L. 1994 S.B. 446)
701.053. 1. A person may not represent himself as a registered on-site sewage disposal system contractor in this state unless the person is registered by a county or the department. A county or the department shall issue registration to a contractor if the contractor completes an application form that is in compliance with sections 701.025 to 701.059 and the rules and regulations adopted thereunder. A registration issued by a county in compliance with sections 701.053 to 701.055 shall be considered a state registration and valid in all political subdivisions of the state.
2. To qualify for registration, a contractor must successfully complete the educational training program provided by the department, or a county that offers on-site sewage disposal system contractor training that has been certified by the department and has an ordinance or regulation that mandates contractor training.
(L. 1994 S.B. 446 § 701.053 subsecs. 1, 2, A.L. 2005 H.B. 58 merged with H.B. 617)
701.054. 1. A contractor's registration may be denied, suspended or revoked by the department if the contractor violates sections 701.025 to 701.059 or any rule or regulation adopted thereunder. The contractor may appeal to the department within thirty days of the notice of denial, suspension or revocation by requesting a hearing or written review of the decision. After the hearing or written review, the department shall issue a final decision which the contractor may appeal as provided by sections 536.100 to 536.140. If the department's decision to revoke, suspend or deny is upheld or not appealed, the contractor may reapply for registration one year after the date of the departmental action.
2. Each contractor shall furnish proof of valid registration if requested by any person or a city, county or department.
3. The department shall publish an official roster of registered contractors. The department shall also publish a list of the names of the contractors who have had their registration revoked, suspended or denied pursuant to sections 701.025 to 701.059.
(L. 1994 S.B. 446 § 701.053 subsecs. 3, 4, 5)
701.055. 1. Nothing in sections 701.053 to 701.055 shall preclude property owners from installing, modifying or repairing their own on-site sewage disposal system as long as they comply with the provisions of sections 701.025 to 701.059.
2. Nothing in sections 701.025 to 701.059 shall be construed so as to require a property owner to obtain a permit or to obtain registration as an on-site sewage disposal system contractor in order to clean that property owner's on-site sewage disposal system.
(L. 1994 S.B. 446 § 701.053 subsecs. 6, 7)
701.057. 1. Any violation of section 701.052, 701.053, 701.054 or 701.055 is a class A misdemeanor.
2. Any violation of section 701.046, 701.047, 701.048 or 701.050 is a class C misdemeanor.
3. Any violation of section 701.029 or 701.031 is an infraction, except that a persistent violation after notification by the state or county is a class C misdemeanor.
(L. 1994 S.B. 446 § 701.055 subsecs. 1, 2, 3)
701.058. The department of natural resources and the department of health and senior services shall jointly hold stakeholder meetings for the purpose of gathering data and information regarding permits and inspections for on-site sewage disposal systems. The departments shall evaluate the data and information obtained and present their findings and recommendations in a report to be submitted to the general assembly by December 31, 2011.
(L. 2011 H.B. 89)Effective 7-11-11
CROSS REFERENCE:
Nonseverability clause, 640.099
701.059. 1. Any person or property owner who creates a nuisance or imminent health hazard as defined in section 701.025 on any single-family residence lot of three acres or more is guilty of an infraction.
2. For the purposes of section 516.120, the statute of limitations begins to run when an owner knows or should have known that an on-site sewage disposal system contractor had installed a defective system, a system which was inappropriate for the site or had installed a system incorrectly.
(L. 1994 S.B. 446 § 701.055 subsecs. 4, 5)
701.300. As used in sections 701.300 to 701.338, the following terms mean:
(1) "Abatement",
(a) Any measure regulated solely by the Missouri department of health and senior services designed to permanently eliminate lead hazards, which shall include:
a. The removal of lead-bearing substances, the replacement of lead-painted surfaces or fixtures, or the permanent enclosure or encapsulation of lead-bearing substances; and
b. All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures;
(b) "Abatement" shall not include any measure involving a de minimis surface area or activity excluded from this definition by rule;
(2) "Child-occupied facility", a building or portion of a building constructed prior to 1978 and visited regularly by the same child who is six or fewer years of age including, but not limited to, day care centers, preschools and kindergarten classrooms. For the purposes of this subdivision, "visited regularly" means a minimum of two visits on different days within any week, provided that each visit lasts at least three hours and the combined weekly visits last at least six hours and the combined annual visits last at least sixty hours;
(3) "Deleading", the removal of lead-bearing substances;
(4) "Department", the department of health and senior services;
(5) "Deteriorated lead-bearing substance", any interior or exterior lead-bearing surface coating material as defined by rule that is peeling, chipping, chalking, or cracking or any lead-bearing substance located on an interior or exterior surface or fixture that is damaged, deteriorated or otherwise separating from the substrate or a structure component;
(6) "Director", the director of the department of health and senior services;
(7) "Dwelling", either:
(a) A single-family dwelling, including attached structures such as porches and stoops; or
(b) A single-family dwelling unit in a structure that contains more than one separate residential dwelling unit and in which each such unit is used or occupied or intended to be used or occupied, in whole or in part, as the home or residence of one or more persons;
(8) "Encapsulant", a liquid coating or adhesively bonded substance applied to a surface to form a barrier between a lead-bearing substance and the environment;
(9) "Encapsulation", the application of an encapsulant;
(10) "Enclosure", the use of rigid, durable construction materials mechanically fastened to a substrate to act as a barrier between a lead-bearing substance and the environment;
(11) "Health care professional", any physician, hospital, or other person which is licensed or otherwise authorized in this state to furnish health care services;
(12) "Interim control", any measure designed to temporarily reduce human exposure or likely human exposure to lead hazards. Such measures may include, but are not limited to, specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead hazards or potential hazards, or the establishment and operation of management and resident education programs;
(13) "Lead abatement contractor", a person or entity licensed by the department to conduct lead-bearing substance activities at a location other than the contractor's own place of business;
(14) "Lead abatement project":
(a) The encapsulation, enclosure or removal of a lead-bearing substance;
(b) "Lead abatement project" shall not include any measure involving a de minimis surface area or activity excluded from this definition by rule;
(15) "Lead abatement supervisor", a person licensed by the department to direct, control or supervise personnel in a lead abatement project;
(16) "Lead abatement worker", a person licensed by the department to work on a lead abatement project;
(17) "Lead-bearing substance activity", any activity associated with a lead abatement project including, but not limited to, project design, risk assessment, inspection, abatement or deleading under this chapter;
(18) "Lead-bearing substance",
(a) includes:
a. Any paint or other surface coating materials that contain lead equal to or in excess of one milligram per square centimeter or more than five-tenths percent by weight or such other standard for lead content in paint as may be established by federal law or regulation;
b. Surface dust that contains a concentration of lead specified by rules promulgated by the department that shall be consistent with the purposes of laws enacted by the United States Congress and regulations promulgated or guidance issued by any federal agency;
c. Bare soil that contains a concentration of lead specified by rules promulgated by the department that shall be consistent with the purposes of laws enacted by the United States Congress and regulations promulgated or guidance issued by any federal agency; or
d. Any lead-based paint, lead-based paint hazard or lead-based paint activity consistent with the purposes of laws enacted by the United States Congress and regulations promulgated or guidance issued by any federal agency; and
(b) "Lead-bearing substance" as regulated by the Missouri department of health and senior services does not include any substance generated through the mining, milling or smelting of lead ore or scrap, or generated through lead product manufacturing or use provided that such substance has not migrated off or been transported from the mining, smelting, or manufacturing site and entered a residential area or any other public access environment;
(19) "Lead hazard", any condition that causes exposure to lead that would result in adverse human health effects from deteriorated lead-bearing substances or lead-bearing substances present in "accessible surfaces", "friction surfaces", or "impact surfaces", as such terms are defined in 15 U.S.C. 2681;
(20) "Lead inspection", a surface-by-surface investigation to determine the presence of lead-bearing substances and a report or provision of a report which explains the results of such an investigation;
(21) "Lead inspector", a person licensed by the department to conduct lead inspections;
(22) "Lead poisoning", the laboratory determination of a human whole blood lead level as established by the federal Centers for Disease Control;
(23) "Owner", any person, who alone, jointly or severally with others:
(a) Has legal title to any child-occupied facility, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
(b) Has charge, care or control of any child-occupied facility, dwelling or dwelling unit as owner or agent of the owner, or as executor, administrator, trustee, or guardian of, the estate of the owner;
(24) "Project designer", a person licensed by the department to conduct activities including, but not limited to, the development and implementation of occupant protection plans, lead-bearing substance abatement and hazard reduction methods, interior dust abatement and cleanup methods, hazard control and reduction methods, clearance standards and testing protocols and integration of lead-bearing substance abatement methods with modernization and rehabilitation projects for lead abatement projects;
(25) "Risk assessment", an on-site investigation to determine the existence, nature, severity and location of lead hazards, and the provision of a report by the person conducting the risk assessment explaining the results of the investigation and options for reducing lead hazards;
(26) "Risk assessor", a person licensed by the department to conduct risk assessments;
(27) "Work practice standards", requirements or standards that ensure that lead-bearing substance abatement activities are conducted reliably, effectively and safely.
(L. 1993 S.B. 232 § 1, A.L. 1998 H.B. 977 & 1608)
701.301. The department shall promulgate rules necessary to implement and administer the provisions of sections 701.300 to 701.338, including requirements, procedures and standards relating to lead-bearing substance activities. The rules established by the department shall be at least as protective of human health and the environment as the federal program established by the Residential Lead-Based Paint Hazard Reduction Act, as amended, 42 U.S.C. 4851, et seq., and the Toxic Substances Control Act, as amended, 15 U.S.C. 2605, 2607, and 2681 to 2692, and any federal regulations promulgated pursuant to such authority. Nothing in sections 701.300 to 701.338 shall be applied or interpreted to affect the statutes or regulations of any other state agency or the activities subject to regulation by any other state agency.
(L. 1998 H.B. 977 & 1608)
701.304. 1. A representative of the department, or a representative of a unit of local government or health department licensed by the department for this purpose, may conduct an inspection or a risk assessment at a dwelling or a child-occupied facility for the purpose of ascertaining the existence of a lead hazard under the following conditions:
(1) The department, owner of the dwelling, and an adult occupant of a dwelling which is rented or leased have been notified that an occupant of the dwelling or a child six or fewer years of age who regularly visits the child-occupied facility has been identified as having an elevated blood lead level as defined by rule; and
(2) The inspection or risk assessment occurs at a reasonable time; and
(3) The representative of the department or local government presents appropriate credentials to the owner or occupant; and
(4) Either the dwelling's owner or adult occupant or the child-occupied facility's owner or agent grants consent to enter the premises to conduct an inspection or risk assessment; or
(5) If consent to enter is not granted, the representative of the department, local government, or local health department may petition the circuit court for an order to enter the premises and conduct an inspection or risk assessment after notifying the dwelling's owner or adult occupant in writing of the time and purpose of the inspection or risk assessment at least forty-eight hours in advance. The court shall grant the order upon a showing that an occupant of the dwelling or a child six or fewer years of age who regularly visits the child-occupied facility has been identified as having an elevated blood lead level as defined by rule.
2. In conducting such an inspection or risk assessment, a representative of the department, or representative of a unit of local government or health department licensed by the department for this purpose, may remove samples necessary for laboratory analysis in the determination of the presence of a lead-bearing substance or lead hazard in the designated dwelling or child-occupied facility.
3. The director shall assess fees for licenses and accreditation and impose administrative penalties in accordance with rules promulgated pursuant to sections 701.300 to 701.338. All such fees and fines shall be deposited into the state treasury to the credit of the public health services fund established in section 192.900.
(L. 1993 S.B. 232 § 3, A.L. 1998 H.B. 977 & 1608, A.L. 1999 H.B. 39, A.L. 2005 S.B. 95)
701.305. The department of health and senior services shall provide on its Internet website educational information that explains the rights and responsibilities of the property owner and tenants of a dwelling and the lead inspectors, risk assessors, and the lead abatement contractors.
(L. 2005 S.B. 95)
701.306. If the department, or a representative of a unit of local government or health department licensed by the department for this purpose, determines that there is a lead hazard at a dwelling or child-occupied facility which poses a risk of adverse health effects upon young children, the department or its licensed local representative:
(1) Shall provide written notification to the owner and an adult occupant of the dwelling or the owner or agent of a child-occupied facility of the confirmed presence of a lead hazard which may lead to adverse health effects upon small children who reside in or regularly visit the residence or facility. The written notification shall include options appropriate for reduction of the lead hazard to an acceptable level and a reasonable time period for abating or establishing interim controls for any such lead hazard that is accessible to small children who reside in or regularly visit the dwelling or facility; and
(2) May provide written notification to the parents or guardians of children who regularly visit a child-occupied facility of the confirmed presence of a lead hazard that may lead to adverse health effects; and
(3) May provide a copy of the written notification to the local health officers.
(L. 1993 S.B. 232 § 4, A.L. 1998 H.B. 977 & 1608, A.L. 2005 S.B. 95)
701.308. 1. Upon receipt of written notification as described in section 701.306, of the presence of a lead hazard, the owner shall comply with the requirement for abating or establishing interim controls for the lead hazard in a manner consistent with the options provided by the department and within the applicable time period. If the dwelling or child-occupied facility is a rental or leased property, the owner may remove it from the rental market.
2. Except as provided in subsection 1 of this section, no tenant shall be evicted because an individual with an elevated blood lead level or with suspected lead poisoning resides in the dwelling, or because of any action required of the dwelling owner as a result of enforcement of sections 701.300 to 701.338. The provisions of this subsection shall not operate to prevent the owner of any such dwelling from evicting a tenant for any other reason as provided by law.
3. No child shall be denied attendance at a child-occupied facility because of an elevated blood lead level or suspected lead poisoning or because of any action required of the facility owner as a result of enforcement of sections 701.300 to 701.338. The provisions of this subsection shall not prevent the owner or agent of any such child-occupied facility from denying attendance for any other reason allowed by law.
4. A representative of the department, or a representative of a unit of local government or health department licensed by the department for this purpose, is authorized to reenter a dwelling or child-occupied facility to determine if the owner has taken the required actions for abating or establishing interim controls for the lead hazard in a manner consistent with the options provided by the department and lead hazards have been reduced to an acceptable level. If consent to enter is not granted, the representative of the department, local government, or local health department may petition the court for an order to enter the premises to determine if the owner has taken the required actions for abating or establishing interim controls for the lead hazard in a manner consistent with the options provided by the department, and provided that the lead hazards have been reduced to an acceptable level. The court shall grant the order upon a showing that the representative of the department, local government, or local health department has attempted to notify the dwelling's owner or adult occupant in writing of the time and purpose of the reentry at least forty-eight hours in advance.
5. Upon reentry, if the department or a representative of a unit of local government or local health department licensed by the department for this purpose finds that the owner has not taken the required actions for abating or establishing interim controls for the lead hazard in a manner consistent with the options provided by the department, and lead hazards have not been reduced to an acceptable level, the owner shall be deemed to be in violation of sections 701.300 to 701.338. Such violation shall not by itself create a cause of action. The department or the local government or local health department shall:
(1) Notify in writing the owner found to be causing, allowing or permitting the violation to take place; and
(2) Order that the owner of the dwelling or child-occupied facility shall cease and abate causing, allowing or permitting the violation and shall take such action as is necessary to comply with this section and the rules promulgated pursuant to this section.
6. If, upon reentry, the lead hazard has not been reduced to an acceptable level, the following steps may be taken:
(1) The local health officer and local building officials may, as practical, use such community or other resources as are available to effect the relocation of the individuals who occupied the affected dwelling or child-occupied facility until the owner complies with the notice; or
(2) The department or representative of a unit of local government or health department licensed by the department for this purpose may report any violation of sections 701.300 to 701.338 to the prosecuting attorney of the county in which the dwelling or child-occupied facility is located and notify the owner that such a report has been made. The prosecuting attorney shall seek injunctive relief to ensure that the lead hazard is abated or that interim controls are established.
7. In commercial lead production areas, if the department identifies lead hazards due to paint, mini-blinds, or other household products/sources in a property where a child has been identified with an elevated blood level, the owner shall comply with the requirement for abating or establishing interim controls for the above-stated hazards, in a manner consistent with the recommendations described by the department and within the applicable time period. Residential property owners in commercial lead production areas shall not be deemed in violation pursuant to this section after compliance with the requirement for abating or establishing interim controls established by the department per the initial risk assessment, or made to pay for any type of lead remediation necessary due to the commercial lead production and transport. If the residential property is owned by a commercial lead production or transport company, which has not taken the required actions for abating or establishing interim controls for the lead hazard in a manner consistent with the options provided by the department and the lead hazards have not been reduced to an acceptable level, the commercial lead production or transport company shall be deemed to be in violation of sections 701.300 to 701.308.
(L. 1993 S.B. 232 § 5, A.L. 1998 H.B. 977 & 1608, A.L. 2005 S.B. 95)
701.309. 1. At least ten days prior to the onset of a lead abatement project, the lead abatement contractor conducting such an abatement project shall:
(1) Submit to the department a written notification as prescribed by the department; and
(2) Pay a notification fee of twenty-five dollars.
2. The lead abatement contractor and any public agency, local community organization, government agency, or quasi-government agency issuing grants or loans for lead abatement projects or interim controls shall inform the owners and tenants of a dwelling that information regarding potential lead hazards can be accessed on the department's Internet website.
3. In addition to the specified penalties in section 701.320, failure to notify the department prior to the onset of a lead abatement project shall result in a fine of two hundred fifty dollars imposed against the lead abatement contractor for the first identified offense, five hundred dollars for the second identified offense, and thereafter, fines shall be doubled for each identified offense.
4. Written notification as prescribed by the department shall include disclosure of any potential lead hazards to the owners and tenants of a dwelling by the licensed risk assessor who conducted the initial risk assessment.
5. If the lead abatement contractor is unable to comply with the requirements of subsection 1 of this section because of an emergency situation as defined by rule, the contractor shall:
(1) Notify the department by other means of communication within twenty-four hours of the onset of the project; and
(2) Submit the written notification and notification fee prescribed in subsection 1 of this section to the department no more than five days after the onset of the project.
6. Upon completion of the abatement, the lead abatement contractor shall submit to the department written notification and the final clearance results report.
(L. 1998 H.B. 977 & 1608, A.L. 2005 S.B. 95)
701.310. 1. Any abatement of the lead hazard from the dwelling or child-occupied facility shall be performed in a manner so as not to endanger the health of its occupants or persons performing the abatement.
2. To the extent permitted by federal regulations, an individual who is an owner, a partner in a partnership owning, or a corporate officer in a corporation owning a dwelling and who is not licensed pursuant to section 701.312 may personally perform lead abatement within a dwelling that he or she owns, unless the residential dwelling is occupied by a person or persons other than the owner, or the owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level. Prior to beginning such abatement, the owner shall consult with the department regarding the most effective method of conducting such lead abatement activities and of the proper procedures in performing those activities.
(L. 1993 S.B. 232 § 6, A.L. 1998 H.B. 977 & 1608)
701.311. 1. Any authorized representative of the department who presents appropriate credentials may, at all reasonable times, enter public or private property to conduct compliance inspections of lead abatement contractors as may be necessary to implement the provisions of sections 701.300 to 701.338 and any rules promulgated pursuant to sections 701.300 to 701.338.
2. It is unlawful for any person to refuse entry or access requested for inspecting or determining compliance with sections 701.300 to 701.338. A suitably restricted search warrant, upon a showing of probable cause in writing and upon oath, shall be issued by any circuit or associate circuit judge having jurisdiction for the purpose of enabling such inspections.
3. Whenever the director determines through a compliance inspection that there are reasonable grounds to believe that there has been a violation of any provision of sections 701.300 to 701.338 or the rules promulgated pursuant to sections 701.300 to 701.338, the director may give notice of such alleged violation to the owner or person responsible, as provided in this section. The notice shall:
(1) Be in writing;
(2) Include a statement of the reasons for the issuance of the notice;
(3) Allow reasonable time as determined by the director for the performance of any act the notice requires;
(4) Be served upon the property owner or person responsible as the case may require, provided that such notice shall be deemed to have been properly served upon such person when a copy of such notice has been sent by registered or certified mail to the person's last known address as listed in the local property tax records concerning such property, or when such person has been served with such notice by any other method authorized by law;
(5) Contain an outline of corrective action which is required to effect compliance with sections 701.300 to 701.338 and the rules promulgated pursuant to sections 701.300 to 701.338.
4. If an owner or person files a written request for a hearing within ten days of the date of receipt of a notice, a hearing shall be held within thirty days from the date of receipt of the notice before the director or the director's designee to review the appropriateness of the corrective action. The director shall issue a written decision within thirty days of the date of the hearing. Any final decision of the director may be appealed to the administrative hearing commission as provided in chapter 621. Any decision of the administrative hearing commission may be appealed as provided in sections 536.100 to 536.140.
5. The attorney general or the prosecuting attorney of the county in which any violation of sections 701.300 to 701.338 or the rules promulgated pursuant to sections 701.300 to 701.338 occurred shall, at the request of the city, county or department, institute appropriate proceedings for correction.
6. When the department determines that an emergency exists which requires immediate action to protect the health and welfare of the public, the department is authorized to seek a temporary restraining order and injunction. Such action shall be brought at the request of the director by the local prosecuting attorney or the attorney general. For the purposes of this subsection, an "emergency" means any set of circumstances that constitutes an imminent health hazard or the threat of an imminent health hazard.
7. Nothing in sections 701.300 to 701.338 or rules promulgated pursuant to sections 701.300 to 701.338 shall be construed as requiring the department of health and senior services to issue a notice of violation pursuant to subsection 3 of this section whenever the department of health and senior services believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
8. The department shall develop, publish, and post on its website an enforcement manual that:
(1) Delineates the categories of violations for which the department shall issue a notice of violation under subsection 3 of this section; and
(2) Delineates the categories of violations for which the department may either issue a notice of violation under subsection 3 of this section or issue a suitable written notice or warning.
(L. 1998 H.B. 977 & 1608, A.L. 2005 S.B. 95)
701.312. 1. The director of the department of health and senior services shall develop a program to license lead inspectors, risk assessors, lead abatement supervisors, lead abatement workers, project designers and lead abatement contractors. The director shall promulgate rules and regulations including, but not limited to:
(1) The power to issue, restrict, suspend, revoke, deny and reissue licenses;
(2) The power to issue notices of violation, written notices and letters of warning;
(3) The ability to enter into reciprocity agreements with other states that have similar licensing provisions;
(4) Fees for any such licenses;
(5) Training, education and experience requirements; and
(6) The implementation of work practice standards, reporting requirements and licensing standards.
2. The director shall require, as a condition of licensure, lead abatement contractors to purchase and maintain liability and errors and omissions insurance. The director shall require a licensee or an applicant for licensure to provide evidence of their ability to indemnify any person that may suffer damage from lead-based paint activities of which the licensee or applicant may be liable.
(L. 1993 S.B. 232 § 7, A.L. 1998 H.B. 977 & 1608, A.L. 2005 S.B. 95)
701.313. 1. Any local community organization, government agency, or quasi-government agency issuing grants or loans for lead abatement projects must provide written notification to the department no later than ten days prior to the onset of a lead abatement project. The written notification shall include, but not be limited to, the name of the lead abatement contractor, the address of the property on which the lead abatement project shall be conducted, and the date on which the lead abatement project shall be conducted.
2. If the local community organization, government agency, or quasi-government agency fails to provide written notification for each property pursuant to subsection 1 of this section, a fine of two hundred fifty dollars shall be levied by the department.
3. If the local community organization, the government agency, or quasi-government agency is unable to comply with the requirements in subsection 1 of this section due to an emergency situation, as defined by the department, the local community organization, government agency, or quasi-government agency shall:
(1) Notify the department by other means of communication within twenty-four hours of the onset of the lead abatement project; and
(2) Provide written notification to the department no later than five days after the onset of the lead abatement project.
(L. 2005 S.B. 95)
701.314. The director of the department of health and senior services shall develop a program to accredit training providers to train lead inspectors, risk assessors, lead abatement supervisors, lead abatement workers and project designers. The director shall promulgate rules and regulations including, but not limited to:
(1) The power to grant, restrict, suspend, revoke, deny or renew accreditation;
(2) The power to issue notices of violation, written notices and letters of warning;
(3) The ability to enter into reciprocity agreements with other states that have similar accreditation provisions;
(4) Fees for any such accreditation;
(5) The curriculum for training;
(6) The development of standards for accreditation; and
(7) Procedures for monitoring, training, record keeping and reporting requirements for training providers.
(L. 1993 S.B. 232 § 8, A.L. 1998 H.B. 977 & 1608, A.L. 2005 S.B. 95)
701.316. 1. Except as otherwise authorized by subsection 2 of section 701.310, no person shall engage in or conduct lead-bearing substance activities without having successfully completed a department or United States Environmental Protection Agency accredited training program and without having been licensed by the department.
2. The department shall develop and periodically update lists of all licensed inspectors, contractors, supervisors, workers, and other persons who perform lead hazard inspection and abatement and shall make such lists available free of charge to interested parties and the public.
3. The department may restrict, revoke, suspend or deny any license at any time if it believes that the terms or conditions of such license are being violated or that the holder of, or applicant for, the license has violated any regulation of the department or any other state law or regulation, or any federal law or regulation, or the laws or regulations of other states. The restriction, revocation, suspension or denial shall be effective immediately. Any person aggrieved by a determination by the department to restrict, deny, revoke or suspend any license may request a hearing before the administrative hearing commission within thirty days of receipt of the notice of license restriction, revocation, suspension or denial. The licensure shall remain restricted, revoked, suspended or denied while the hearing is pending.
4. The director may issue an immediate cease-work order to any person who violates the terms or conditions of any license issued pursuant to any provision of sections 701.300 to 701.338 or any regulation promulgated pursuant to sections 701.300 to 701.338 if, in the best judgment of the director, such violation presents a health risk to any person.
(L. 1993 S.B. 232 § 9, A.L. 1998 H.B. 977 & 1608)
701.317. 1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 701.300 to 701.338, or a standard, limitation, order, rule or regulation promulgated pursuant thereto, or a term or condition of any license has been violated, the director may issue an order assessing an administrative penalty upon the violator under this section. An administrative penalty shall not be imposed until the director has issued a notice of violation pursuant to section 701.311 to the violator regarding the same type of violation within the calendar year. Any order assessing an administrative penalty shall state that an administrative penalty is being assessed under this section and that the person subject to the penalty may appeal as provided by this section. Any such order that fails to state the statute under which the penalty is being sought, the manner of collection or rights of appeal shall result in the state's waiving any right to collection of the penalty.
2. The director shall promulgate rules and regulations for the assessment of administrative penalties. Such rules shall take into consideration the harm or potential harm which the violation causes, or may cause, the violator's previous compliance record, and any other factors which the department may reasonably deem relevant.
3. An administrative penalty shall be paid within sixty days from the date of issuance of the order assessing the penalty. Any person subject to an administrative penalty may appeal to the department within ten days after receipt of the imposition of penalty. Upon receipt of a request for hearing, the department shall schedule the hearing to be held within thirty days. Any appeal will stay the due date of such administrative penalty until the appeal is resolved. Any person who fails to pay an administrative penalty by the final due date shall be liable to the state for a surcharge of fifteen percent of the penalty plus ten percent per annum on any amounts owed. An action may be brought in the appropriate circuit court to collect any unpaid administrative penalty, and for attorney's fees and costs incurred directly in the collection thereof.
4. An administrative penalty shall not be increased in those instances where department action, or failure to act, has caused a continuation of the violation that was a basis for the penalty. Any administrative penalty must be assessed within two years following the department's initial discovery of such alleged violation, or from the date of the department in the exercise of ordinary diligence should have discovered such alleged violation.
5. Any final order imposing an administrative penalty is subject to judicial review on the record upon the filing of a petition pursuant to section 536.100 by any person subject to the administrative penalty. The appeal shall be filed in the circuit court of the county where the violation occurred.
6. The director may elect to assess an administrative penalty, or, in lieu thereof, to request that the attorney general or prosecutor file an appropriate legal action seeking a civil penalty in the appropriate circuit court.
7. The penalties collected pursuant to this section shall be deposited in the Missouri lead abatement loan fund as established in section 701.337. Such penalties shall not be considered charitable contributions for tax purposes.
(L. 2005 S.B. 95)
701.318. 1. The department shall develop regulations for laboratory analysis of lead-bearing substances. Such regulations shall include, but not be limited to, provisions establishing a mandatory quality assurance and quality control program.
2. All laboratories performing blood lead analyses shall be in compliance with the conditions of the federal Clinical Lab Improvement Act (CLIA).
3. All laboratories shall report blood lead testing results as required by rule.
(L. 1993 S.B. 232 § 10, A.L. 1998 H.B. 977 & 1608)
701.320. 1. Except as otherwise provided, violation of the provisions of sections 701.308, 701.309, 701.310, 701.311 and 701.316 is a class A misdemeanor.
2. Any lead inspector, risk assessor, lead abatement supervisor, lead abatement worker, project designer, or lead abatement contractor who engages in a lead abatement project while such person's license, issued under section 701.312, is under suspension or revocation is guilty of a class D felony.
(L. 1993 S.B. 232 § 11, A.L. 1998 H.B. 977 & 1608, A.L. 2005 S.B. 95)
701.322. Upon request of a physician, health care facility or third-party insurer, the department may provide laboratory services for tests related to contagious or infectious diseases. The department may conduct laboratory testing of blood specimens for lead content on behalf of a physician, hospital, clinic, free clinic, municipality or private organization which cannot secure or provide such services through other sources. The department of health and senior services may charge a fee for laboratory services rendered pursuant to this section. Fees for tests related to contagious or infectious diseases shall be deposited in a separate account in the Missouri public health services fund, created in section 192.900, and funds in such account shall be used to provide laboratory testing services by the department. Fees for laboratory testing of blood specimens for lead content shall be deposited in the childhood lead testing fund created in section 701.345.
(L. 1993 S.B. 232 § 12, A.L. 2001 S.B. 266)
701.324. Nothing in sections 701.300 to 701.324 shall be interpreted or applied in any manner to defeat or impair the right of any person, entity, municipality or other political subdivision to maintain an action or suit for damages sustained or for equitable relief, or for violation of an ordinance by reason of or in connection with any violation of sections 701.300 to 701.330. Sections 701.300 to 701.338 shall not prohibit any city, village, township or other political subdivision from enacting and enforcing ordinances establishing a system of lead poisoning control which provides the same or higher standards than those set forth in sections 701.300 to 701.338.
(L. 1993 S.B. 232 § 13)
701.326. 1. The department of health and senior services shall establish and maintain a lead poisoning information reporting system which shall include a record of lead poisoning cases which occur in Missouri along with the information concerning these cases which is deemed necessary and appropriate to conduct comprehensive epidemiologic studies of lead poisoning in this state and to evaluate the appropriateness of lead abatement programs.
2. The director of the department of health and senior services shall promulgate rules and regulations specifying the level of lead poisoning which shall be reported and any accompanying information to be reported in each case. Such information may include the patient's name, full residence address, and diagnosis, including the blood lead level. Such information may include pathological findings, the stage of the disease, environmental and known occupational factors, method of treatment and other relevant data from medical histories. Reports of lead poisoning shall be filed with the director of the department of health and senior services within a period of time specified by the director. The department shall prescribe the form and manner in which the information shall be reported.
3. The attending health care professional of any patient with lead poisoning shall provide to the department of health and senior services the information required pursuant to this section.
4. When a case of lead poisoning is reported to the director, the director shall inform such local boards of health, public health agencies, and other persons and organizations as the director deems necessary; provided that, the name of any child contracting lead poisoning shall not be included unless the director determines that such inclusion is necessary to protect the health and well-being of the affected individual.
(L. 1993 S.B. 232 § 14, A.L. 1998 H.B. 977 & 1608, A.L. 2001 S.B. 266)
701.328. 1. The department of health and senior services shall protect the identity of the patient and physician involved in the reporting required by sections 701.318 to 701.349. Such identity shall not be revealed except that the identity of the patient shall be released only upon written consent of the patient. The identity of the physician shall be released only upon written consent of the physician.
2. The department may release without consent any information obtained pursuant to sections 701.318 to 701.349, including the identities of certain patients or physicians, when the information is necessary for the performance of duties by public employees within, or the legally designated agents of, any federal, state, or local agency, department or political subdivision, but only when such employees and agents need to know such information to perform their public duties.
3. The department shall use or publish reports based upon materials reported pursuant to sections 701.318 to 701.349 to advance research, education, treatment and lead abatement. The department shall geographically index the data from lead testing reports to determine the location of areas of high incidence of lead poisoning. The department shall provide qualified researchers with data from the reported information upon the researcher's compliance with appropriate conditions as provided by rule and upon payment of a fee to cover the cost of processing the data.
(L. 1993 S.B. 232 § 15, A.L. 1998 H.B. 977 & 1608, A.L. 2001 S.B. 266, A.L. 2005 S.B. 95)
701.330. 1. No individual or organization providing information to the department in accordance with sections 701.318 to 701.330 shall be deemed to be, or be held, liable, either civilly or criminally, for divulging confidential information unless such individual or organization acted in bad faith, negligently, or with malicious purpose.
2. Nothing in sections 701.318 to 701.330 shall be construed to compel any individual to submit to a medical or health department examination, treatment or supervision of any kind.
3. Any violation of sections 701.318 to 701.330 is an infraction.
(L. 1993 S.B. 232 § 16, A.L. 1998 H.B. 977 & 1608)
701.334. The department shall promote and encourage minorities and females and minority- and female-owned entities to apply for licensure pursuant to section 701.312 as licensed lead inspectors, risk assessors, project designers, and lead abatement contractors, supervisors and workers.
(L. 1993 S.B. 232 § 18, A.L. 1998 H.B. 977 & 1608)
701.336. 1. The department of health and senior services shall cooperate with the federal government in implementing subsections (d) and (e) of 15 U.S.C. 2685 to establish public education activities and an information clearinghouse regarding childhood lead poisoning. The department may develop additional educational materials on lead hazards to children, lead poisoning prevention, lead poisoning screening, lead abatement and disposal, and on health hazards during abatement.
2. The department of health and senior services and the department of social services, in collaboration with related not-for-profit organizations, health maintenance organizations, and the Missouri consolidated health care plan, shall devise an educational strategy to increase the number of children who are tested for lead poisoning under the Medicaid program. The goal of the educational strategy is to have seventy-five percent of the children who receive Medicaid tested for lead poisoning. The educational strategy shall be implemented over a three-year period and shall be in accordance with all federal laws and regulations.
3. The division of family services, in collaboration with the department of health and senior services, shall regularly inform eligible clients of the availability and desirability of lead screening and treatment services, including those available through the early and periodic screening, diagnosis, and treatment (EPSDT) component of the Medicaid program.
(L. 1993 S.B. 232 § 19, A.L. 2004 H.B. 1453)
701.337. 1. The department shall have the authority to develop a plan for implementing a program that provides financial assistance via loans or grants to owners of dwellings or child-occupied facilities for performing lead abatement projects. In developing the plan, the department shall consult with the department of natural resources and the department of economic development.
2. The program shall accept applications from local entities for implementing at the local level of lead abatement projects that conform with the requirements of sections 701.300 to 701.338, and any rules promulgated thereunder. For purposes of this section, "local entities" shall include any municipality or county, any local not-for-profit community or housing organization or any community assistance project agency.
3. There is hereby established in the state treasury the "Missouri Lead Abatement Loan Fund". The state treasurer shall receive and deposit to the credit of the fund moneys from appropriations by the general assembly, penalties paid because of violations of sections 701.301 to 701.338 and those rules promulgated thereto, repayments by applicants of loans made pursuant to this section, including interest on such loans, and gifts, bequests, donations or any other payments made by any public or private entity for use in carrying out the provisions of this section. The state treasurer shall deposit all moneys in the fund in any of the qualified depositories of the state. All such deposits shall be secured in such a manner and shall be made upon such terms and conditions as are now or may hereafter be provided by law relative to state deposits. Interest accrued by the fund shall be credited to the fund. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fund shall not revert to the credit of the general revenue fund at the end of the biennium. The fund shall be used solely for the purposes of this section and for no other purpose.
(L. 2000 S.B. 577, A.L. 2005 S.B. 95)
701.338. No rule or portion of a rule promulgated under the authority of sections 701.300 to 701.338 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
(L. 1993 S.B. 232 § 20, A.L. 1995 S.B. 3)
701.340. 1. Beginning January 1, 2002, the department of health and senior services shall, subject to appropriations, implement a childhood lead testing program which requires every child less than six years of age to be tested for lead poisoning in accordance with the provisions of sections 701.340 to 701.349. In coordination with the department of health and senior services, every health care facility serving children less than six years of age, including but not limited to hospitals and clinics licensed pursuant to chapter 197, shall take appropriate steps to ensure that their patients receive such lead poisoning testing.
2. The test for lead poisoning shall consist of a blood sample that shall be sent for analysis to a laboratory licensed pursuant to the federal Clinical Lab Improvement Act (CLIA). The department of health and senior services shall, by rule, determine the blood test protocol to be used.
3. Nothing in sections 701.340 to 701.349 shall be construed to require a child to undergo lead testing whose parent or guardian objects to the testing in a written statement that states the parent's or guardian's reason for refusing such testing.
(L. 2001 S.B. 266)
701.342. 1. The department of health and senior services shall, using factors established by the department, including but not limited to the geographic index from data from testing reports, identify geographic areas in the state that are at high risk for lead poisoning. All children less than six years of age who reside or spend more than ten hours a week in an area identified as high risk by the department shall be tested annually for lead poisoning.
2. Every child less than six years of age not residing or spending more than ten hours a week in geographic areas identified as high risk by the department shall be assessed annually using a questionnaire to determine whether such child is at high risk for lead poisoning. The department, in collaboration with the department of social services, shall develop the questionnaire, which shall follow the recommendations of the federal Centers for Disease Control and Prevention. The department may modify the questionnaire to broaden the scope of the high-risk category. Local boards or commissions of health may add questions to the questionnaire.
3. Every child deemed to be at high risk for lead poisoning according to the questionnaire developed pursuant to subsection 2 of this section shall be tested using a blood sample.
4. Any child deemed to be at high risk for lead poisoning pursuant to this section who resides in housing currently undergoing renovations may be tested at least once every six months during the renovation and once after the completion of the renovation.
5. Any laboratory providing test results for lead poisoning pursuant to sections 701.340 to 701.349 shall notify the department of the test results of any child tested for lead poisoning as required in section 701.326. Any child who tests positive for lead poisoning shall receive follow-up testing in accordance with rules established by the department. The department shall, by rule, establish the methods and intervals of follow-up testing and treatment for such children.
6. When the department is notified of a case of lead poisoning, the department shall require the testing of all other children less than six years of age, and any other children or persons at risk, as determined by the director, who are residing or have recently resided in the household of the lead-poisoned child.
(L. 2001 S.B. 266, A.L. 2004 S.B. 1083)
701.343. The department of health and senior services shall have the following duties regarding the childhood lead testing program:
(1) By January 1, 2002, the department shall develop an educational mailing to be sent to every physician licensed by and practicing in this state informing such physician of the childhood lead testing program and the responsibilities of physicians pursuant to such program;
(2) The department of health and senior services shall, by January 1, 2002, develop guidelines, educational materials and a questionnaire to be used by physicians to determine whether pregnant women are at high risk and should be tested for lead poisoning;
(3) The department shall apply for, take all steps necessary to qualify for and accept any federal funds made available or allotted pursuant to any federal act or program for state lead poisoning prevention programs;
(4) The director of the department of health and senior services or the director's designee may, subject to appropriations, contract with a public agency or a university, or collaborate with any agencies, individuals or groups to provide necessary services, develop educational programs, scientific research and organization, and interpret data from lead testing reports;
(5) The department shall promulgate such rules as may be necessary; and
(6) Beginning January 1, 2003, and every January first thereafter, the department of health and senior services shall submit a report evaluating the childhood lead testing program as set forth in sections 701.340 to 701.349 to the governor and the following committees of the Missouri legislature: senate appropriations committee, senate public health and welfare committee, house appropriations - health and mental health committee and house public health committee.
(L. 2001 S.B. 266)
701.344. 1. In geographic areas determined to be of high risk for lead poisoning as set forth in section 701.342, every child care facility, as defined in section 210.201, and every child care facility affiliated with a school system, a business organization or a nonprofit organization shall, within thirty days of enrolling a child, require the child's parent or guardian to provide evidence of lead poisoning testing in the form of a statement from the health care professional that administered the test or provide a written statement that states the parent's or guardian's reason for refusing such testing. If there is no evidence of testing, the person in charge of the facility shall provide the parent or guardian with information about lead poisoning and locations in the area where the child can be tested. When a parent or guardian cannot obtain such testing, the person in charge of the facility may arrange for the child to be tested by a local health officer with the consent of the child's parent or guardian. At the beginning of each year of enrollment in such facility, the parent or guardian shall provide proof of testing in accordance with the provisions of sections 701.340 to 701.349 and any rules promulgated thereunder.
2. No child shall be denied access to education or child care because of failure to comply with the provisions of sections 701.340 to 701.349.
(L. 2001 S.B. 266)
701.345. 1. There is hereby created in the state treasury the "Childhood Lead Testing Fund". The state treasurer shall deposit to the credit of the fund all moneys which may be appropriated to it by the general assembly and also any gifts, contributions, grants, bequests or other aid received from federal, private or other sources related to lead testing, education and screening. The general assembly may appropriate moneys to the fund for the support of the childhood lead testing program established in sections 701.340 to 701.349. The moneys in the fund shall be used to fund the administration of childhood lead programs, the administration of blood tests to uninsured children, educational materials and analysis of lead blood test reports and case management.
2. Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fund shall not revert to the credit of the general revenue fund at the end of the biennium.
(L. 2001 S.B. 266)
701.346. The department of health and senior services shall promulgate rules to implement the provisions of sections 701.340 to 701.349. No rule or portion of a rule promulgated under the authority of sections 701.340 to 701.349 shall become effective unless it has been promulgated pursuant to chapter 536.
(L. 2001 S.B. 266)
701.348. Nothing in sections 701.340 to 701.349 shall prohibit a political subdivision of this state or a local board of health from enacting and enforcing ordinances, rules or laws for the prevention, detection and control of lead poisoning which provide the same or more stringent provisions as sections 701.340 to 701.349, or the rules promulgated thereunder.
(L. 2001 S.B. 266)
701.349. If any provisions of sections 701.340 to 701.349, or the application thereof, to any persons or circumstances are* held invalid, such validity shall not affect other provisions or applications of sections 701.340 to 701.349 that can be given effect without the invalid provision or application, and to this end the provisions of sections 701.340 to 701.349 are declared to be severable.
(L. 2001 S.B. 266)*Word "is" appears in original rolls.
701.350. As used in sections 701.350 to 701.380, the following terms mean:
(1) "Alteration", any change or addition to any equipment other than ordinary repairs and replacements;
(2) "Automatic transfer device", a mechanism which automatically moves a load consisting of a cart, tote box, pallet, wheeled vehicle, box or similar object to and from the platform of the lift but does not carry personnel;
(3) "Board", the elevator safety board appointed as provided in sections 701.350 to 701.380;
(4) "Department", the department of public safety;
(5) "Dumbwaiter", a hoisting and lowering mechanism with a car of limited capacity and size which moves in guides in a substantially vertical direction, and is used exclusively for carrying material;
(6) "Elevator", a hoisting and lowering mechanism designed to carry passengers or authorized personnel and equipped with a car which moves in fixed guides and serves two or more fixed landings, but not including installations used in private single-family residences;
(7) "Escalator", a power-driven inclined continuous stairway used for the raising and lowering of passengers;
(8) "Existing installation", an installation for which prior to August 28, 1994:
(a) All work to install the installation was completed; or
(b) The plans and specifications were filed with the board and work begun not later than twelve months after the date of the permit;
(9) "Freight elevator", an elevator used primarily for carrying freight and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride;
(10) "Installation", an elevator, dumbwaiter, escalator, material lift, inclined lift, special purpose personnel elevator, or moving walk, including its hoistway, hoistway incloser and related construction, and all machinery and equipment;
(11) "Major alteration", an alteration to an installation as described by the rules and regulations issued by the board;
(12) "Manlift", a device consisting of a power-driven endless belt moving in one direction only and provided with steps and platforms and handholds attached to it for the transportation of personnel from floor to floor which is not accessible to or used by the general public;
(13) "Material lift", a hoisting and lowering mechanism normally classified as an elevator which has been modified to adapt it for the automatic movement of material by means of an integrally mounted automatic transfer device;
(14) "Moving walk", a type of passenger-carrying device in or on which passengers stand, sit, or walk and in which the movement of the passenger-carrying device is uninterrupted and remains parallel to its direction of motion;
(15) "New installation", any installation not classified as an existing installation, or any existing installation, moved to a new location subsequent to August 28, 1994;
(16) "Special inspector", an inspector certified by the board, but not employed by the department of public safety or by a municipality or political subdivision;
(17) "Special purpose personnel elevator", an elevator installed in a structure and location to provide vertical transportation of authorized personnel and their tools and equipment only. Such elevator is typically installed in structures such as grain elevators, radio antennae and bridge towers, underground facilities, dams, power plants, construction job sites and similar structures, where, by reason of their limited use and types of construction of the structure served, full compliance with the applicable standards is not practical or necessary;
(18) "Stairway inclined lift", a power passenger lift installed on an incline for raising and lowering persons from one floor to another.
(L. 1994 H.B. 1035 § 1)
701.353. 1. There is hereby established an "Elevator Safety Board" to be composed of eleven members, one of whom shall be the director of the department of public safety. The remaining ten members of the board shall be appointed by the governor with the advice and consent of the senate. Each member appointed by the governor shall be appointed for a term of five years or until his* successor is appointed. The governor shall fill any vacancy on the board for the remainder of the unexpired term with a representative of the same interest as that of the member whose term is vacant. No more than six members of the board, who are not employees of state or local government, shall be members of the same political party.
2. Two members of the board shall represent the interests of labor and shall be involved in the elevator industry. Two members of the board shall be representatives of manufacturers of elevators used in this state. One member of the board shall be an architect or mechanical engineer. One member of the board shall be a representative of owners of buildings affected by sections 701.350 to 701.380. Two members shall be building officials with responsibility for administering elevator regulations, one from each municipality having a population of at least three hundred fifty thousand inhabitants. One member of the board shall be a representative of the disabled community who is familiar with the provisions of the Federal Americans with Disabilities Act. One member shall be a representative of the special inspectors.
3. The director of the department shall call the first meeting of the board within sixty days after all members have been appointed and qualified. The members from among their membership shall elect a chairman. After the initial meeting the members shall meet at the call of the chairman, but shall meet at least four times per year. Six members of the board shall constitute a quorum.
4. The members of the board shall serve without pay, but they shall receive per diem expenses in an equivalent amount as allowed for members of the general assembly.
(L. 1994 H.B. 1035 § 2)*Word "their" appears in original rolls.
701.355. The board shall have the following powers:
(1) To consult with engineering authorities and organizations who are studying and developing elevator safety codes;
(2) To adopt a code of rules and regulations governing licenses of elevator mechanics and elevator contractors, construction, maintenance, testing, and inspection of both new and existing installations. The board shall have the power to adopt a safety code only for those types of equipment defined in the rule. In promulgating the elevator safety code the board may consider any existing or future American National Standards Institute safety code affecting elevators as defined in sections 701.350 to 701.380, or any other nationally acceptable standard;
(3) To certify state, municipal inspectors and political subdivision inspectors, and special inspectors, who shall enforce the provisions of a safety code adopted pursuant to sections 701.350 to 701.380;
(4) To appoint a chief safety inspector together with a staff for the purpose of ensuring compliance with any safety code established pursuant to sections 701.350 to 701.380.
(L. 1994 H.B. 1035 § 3 subsec. 1, A.L. 2009 H.B. 103)
701.357. Any code adopted pursuant to section 701.355 shall be equal to or more stringent than the standards provided for in the following:
(1) American Society of Mechanical Engineers Safety Code for Elevators and Escalators ANSI/ASME A17.1;
(2) American National Standard Practice for the Inspection of Elevators, Escalators and Moving Walks ANSI A17.2;
(3) American National Standard Safety Code for Manlifts ANSI A90.1; and
(4) American National Standard Safety Requirements for Personnel Hoist ANSI A10.4.
(L. 1994 H.B. 1035 § 3 subsec. 2)
701.359. A political subdivision which has, on August 28, 1994, adopted the ANSI elevator codes specified in 701.353 and maintains, and continues to maintain at all times, after enactment of sections 701.350 to 701.380, a duly constituted department, bureau, or division for the purposes of enforcing these codes, is exempt from the provisions of 701.353, except insofar as the statute requires state certification of inspection or inspections by certified inspectors. Adoption of any code by a political subdivision or the establishment of any code pursuant to sections 701.350 to 701.380 does not preempt common law or statutory liability.
(L. 1994 H.B. 1035 § 3 subsec. 3)
701.361. No rule or portion of a rule promulgated under the authority of sections 701.350 to 701.380 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
(L. 1994 H.B. 1035 § 3 subsecs. 4 to 10, A.L. 1995 S.B. 3)
701.363. Each privately owned or operated installation and each installation owned or operated by the state of Missouri or any political subdivision of the state shall have a state certificate of inspection and meet the safety code promulgated pursuant to sections 701.350 to 701.380.
(L. 1994 H.B. 1035 § 4 subsec. 1)
701.365. 1. The chief safety inspector shall cause to be inspected at least once each year all new installations and existing installations as defined in section 701.350 except "material lift", as such term is defined in section 701.350 or any installation located in a single-family residence. The provisions of sections 701.350 to 701.380 shall not apply to any elevator or other type of installation whether new or existing as defined by sections 701.350 to 701.380 while in use for the purpose of mining or tunneling, milling, smelting, refining and beneficiation of mine ores and products.
2. If upon inspection of any such installation the chief inspector finds a violation of the provisions of sections 701.350 to 701.380 or of the rules of the board, he shall issue an order to the owner, agent or lessee directing compliance therewith. If in the judgment of the inspector any such installation is in an unsafe or dangerous condition, he shall order the use of any such installation discontinued until such dangerous and unsafe condition has been remedied. Such order shall be served upon the owner, agent or lessee of such installation, personally or by mail.
3. Special inspectors, as defined in section 701.350, may conduct inspections when authorized by the board or by a municipality or political subdivision subject to sections 701.350 to 701.380.
(L. 1994 H.B. 1035 § 4 subsecs. 2, 3, 4)
701.367. 1. Any municipality or other political subdivision which qualifies under the provisions of sections 701.350 to 701.380 shall enforce the provisions of sections 701.363 to 701.367 and the rules of the board promulgated hereunder and for such purpose shall have the powers of the inspector prescribed in section 701.365. In order to so qualify, a municipality or political subdivision shall enact a local law or ordinance requiring an annual inspection of all installations, new installations, and existing installations required to be inspected by the provisions of sections 701.363 to 701.367 located in such municipality or political subdivision.
2. The provisions of sections 701.350 to 701.380 shall not apply to materials handling equipment which complies with ANSI B20.1 STANDARD.
(L. 1994 H.B. 1035 § 4 subsecs. 5, 6)
701.369. 1. Any safety inspector employed by the board shall be certified by the board after having completed such educational requirements as the board may establish. Applicants shall have had at least four years of experience in some mechanical or electrical endeavor, at least one year of which shall have been in the design, construction, installation, repair or inspection of elevators. The nonelevator, mechanical, or electrical experience shall be at the journeyman mechanic level or technical work and the work must have been comparable to work in the elevator industry. Engineering education on a college level may be substituted on a year-for-year basis for the nonelevator qualifying experience. The one year of required elevator experience may be on the basis of continuous employment for one year in which at least half of the applicant's time is devoted to elevator work.
2. The board shall establish a professional code for inspectors covered by the provisions of sections 701.350 to 701.380 and may after notice and hearing revoke the certification granted any inspector.
(L. 1994 H.B. 1035 § 5)
701.371. The chief safety inspector or other inspector authorized and designated by him may, during reasonable hours, enter any premises within the state without hindrance for the purpose of inspecting any installation. No owner or lessee shall operate any installation not registered with the board, giving the type, contract load, speed, name of the manufacturer, location, the nature of the use and any other information which the board may require. Such information shall be made on a form approved by the board. Within a reasonable time period as determined by the board, after August 28, 1994, the owner or lessee of every existing elevator, escalator, moving walk, manlift, and stairway inclined lift shall register with the board each such installation owned or operated by him, giving type, rated load and speed, name of manufacturer, location, the purpose for which it is used and such other information as the board may require. Such registration shall be made on a form furnished by the board.
(L. 1994 H.B. 1035 § 6)
701.373. 1. A permit issued by the board shall be required before the beginning of construction of a new privately or state-owned or -operated installation or the major alteration of an existing privately or state-owned or -operated installation.
2. Before the construction of a new privately or state-owned or -operated installation or the major alteration of an existing privately or state-owned or -operated installation can begin, plans and information as required by the board shall be submitted which clearly demonstrates that the installation will comply with the provisions of sections 701.350 to 701.380 and the rules and regulations adopted pursuant to sections 701.350 to 701.380.
3. It shall be illegal to operate any such installation without an operating permit issued by the board. Operating permits shall be issued when an initial inspection and test of a new or altered installation or periodic inspection and test of an existing installation finds the installation in compliance with the provisions of sections 701.350 to 701.380 and the safety code. The board or its authorized representative may, at its discretion, permit temporary operation pending correction of defects. Such temporary operation shall be limited to sixty days but may be renewed at the discretion of the chief safety inspector for additional periods of not more than thirty days each.
(L. 1994 H.B. 1035 § 7 subsecs. 1, 2, 3)
701.375. 1. The board shall issue an operating certificate for each unit of equipment which has satisfactorily met all the inspections and tests required by the board. The operating certificate shall designate the rated load and speed where applicable, the date of the acceptance tests and inspections, and the name of the inspector who witnessed such test and inspection. The final certificate shall also include the necessary space for inserting:
(1) The signature of the inspector who made the periodic inspection; and
(2) The date of the periodic inspection and test.
2. The owner, agent or lessee shall post the operating permit in the elevator machine room, in a noncombustible frame with a plexiglass vision plate. For all other installations the operating permit shall be posted as directed by the board.
(L. 1994 H.B. 1035 § 7 subsecs. 4, 5)
701.377. As otherwise provided by sections 701.350 to 701.380, the elevator safety board shall set fees for inspection, permits, licenses, certificates, and plan review required by the provisions of sections 701.350 to 701.380. Fees shall be determined by the elevator safety board to provide sufficient funds for the operation of the board, except that no fee for the certificate shall exceed twenty-five dollars. The elevator safety board may alter the fee schedule once each year. Any funds collected pursuant to sections 701.350 to 701.380 and sections 316.200 to 316.237 shall be deposited in the "Elevator Safety Fund" which is hereby created. Moneys shall be appropriated from the fund for the expense and functions of the elevator safety and amusement ride safety boards. Any unexpended funds in the elevator safety fund at the close of the biennium shall revert to the general revenue as required by section 33.080. A municipality or other political subdivision enforcing the provisions of sections 701.350 to 701.380 under the provisions of subsection 2 of section 701.365 and which performs the plan review, permitting, inspections, and certifications as required, the fee for that inspection shall be paid directly to the municipality or political subdivision and shall not be preempted by sections 701.350 to 701.380, except that any fee established by the elevator safety board for the issuance of appropriate state certificates shall be paid to the elevator safety board.
(L. 1994 H.B. 1035 § 8, A.L. 2004 H.B. 1403)Effective 1-01-05
701.379. 1. Any aggrieved person may appeal any decision of any state inspector to the chief safety inspector of the state. Any appeal of a decision of the chief safety inspector shall be taken as provided in chapter 536.
2. Any person aggrieved by a decision of a municipal inspector may appeal such decision to the municipality in accordance with municipal ordinances.
(L. 1994 H.B. 1035 § 9)
701.380. 1. Any owner, agent or lessee who willfully violates any of the provisions of sections 701.350 to 701.380 or operates an installation ordered out of service shall be guilty of the crime of abuse of elevator safety.
2. Abuse of elevator safety is a class C misdemeanor.
(L. 1994 H.B. 1035 § 10)
701.381. The provisions of sections 701.350 to 701.380 shall not apply to any device that is inaccessible to the public, not used to transport passengers and was built before January 1, 1940.
(L. 2002 H.B. 1348)
701.383. Single person elevator lifts and belt manlifts operating only in grain elevators or feed mills will be exempt from sections 701.350 to 701.380 unless inspection is requested by the owner.
(L. 2002 H.B. 1348)
701.450. 1. For any facility for which construction commences after August 28, 1995, which is constructed as a place of assembly for public amusement including, but not limited to, sports stadiums and arenas, auditoriums and assembly halls, there shall be provided an equal number of water closets for women as there are the number of water closets and urinals provided for men, and there shall be provided an equal number of diaper changing stations for men as there are the number provided for women.
2. Each facility described in subsection 1 of this section constructed or under construction prior to August 28, 1995, shall provide water closets in the same ratio as required in subsection 1 of this section whenever such facility undergoes major structural renovation.
3. As used in subsection 2 of this section, the term "major structural renovation" means any reconstruction, rehabilitation, addition or other improvement which required more than fifty percent of the gross floor area of the existing facility to be rebuilt. The provisions of this act shall only apply to such portions of the building being renovated and not to the entire building.
4. Notwithstanding any other provision of this section to the contrary, if any facility described in subsection 1 of this section located in any city not within a county is constructed in compliance with the requirements of the applicable building and plumbing codes of such city related to the minimum number of water closets that are designated for women, such facility shall not be required to comply with the requirements of subsection 1 of this section until one year following the date of its substantial completion.
(L. 1995 S.B. 96 § 1, A.L. 2006 H.B. 1149)
701.500. 1. As used in sections 701.500 to 701.515, the following terms shall mean:
(1) "Department", the department of natural resources;
(2) "Director", the director of the department of natural resources;
(3) "Energy Star program", a joint program of the United States Environmental Protection Agency and the United States Department of Energy that identifies and promotes energy efficient products and practices.
2. The provisions of sections 701.500 to 701.515 shall apply to appliances that do not have minimum energy efficiency standards required under federal law.
3. No person shall sell, offer for sale, or install any new product listed in subsection 2 of this section in the state unless the product meets the minimum energy efficiency standards under sections 701.500 to 701.515.
4. The provisions of sections 701.500 to 701.515 shall not apply to:
(1) Consumer electronics; or
(2) Products:
(a) Manufactured in the state and sold outside the state;
(b) Manufactured outside the state and sold at wholesale inside the state for final retail sale outside the state;
(c) Installed in mobile manufactured homes at the time of construction; or
(d) Designed expressly for installation and use in recreational vehicles.
(L. 2008 S.B. 1181, et al., A.L. 2009 H.B. 734)
701.502. 1. The department shall conduct a study of the energy efficiency of consumer electronic products and report to the general assembly no later than July 1, 2010. The report shall include:
(1) An assessment of energy requirements and energy usage of consumer electronic products;
(2) Recommendations to consumers regarding appropriate use of consumer electronic products; and
(3) Recommendations to consumers regarding the availability of energy efficient consumer electronic products in Missouri. 2. The report shall be posted on the department's website and made available to the public upon request.
(L. 2009 H.B. 734)
701.503. 1. In conjunction with the advisory group under section 701.509, the director shall promulgate, by rule, the minimum energy efficiency standards for the products in subsection 2 of section 701.500. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
2. The standards enacted by the director, in conjunction with the advisory group under section 701.509, shall not be more stringent than the federal energy star program requirements , if such requirements are applicable.
(L. 2008 S.B. 1181, et al., A.L. 2009 H.B. 734)
701.506. In conjunction with the advisory group under section 701.509, the department shall update the minimum energy efficiency standards in section 701.503 not less than once every three years beginning from the date the standards were first promulgated by rule. The purpose of any such update shall be to keep the state standards current with technological advancements and industry practices with regard to energy efficiency, while also giving due consideration to consumer and environmental costs and benefits. The department shall strive to have the standards achieve greater energy efficiency over time in a prudent and reasonable manner. Standards shall not be more stringent than required by the federal energy star program requirements, if such requirements are applicable.
(L. 2008 S.B. 1181, et al., A.L. 2009 H.B. 734)
701.509. 1. The "Appliance Energy Efficiency Advisory Group" is hereby created. The purpose of the advisory group is to advise the department on the development and updating of the minimum energy efficiency standards for products under sections 701.500 to 701.515. The advisory group shall consist of the following eleven members who shall be appointed, in staggered terms, by the director:
(1) A representative from the public service commission who is knowledgeable in energy efficiency;
(2) A representative of the office of public counsel;
(3) A representative of an electric or natural gas utility who is knowledgeable in energy efficiency;
(4) The director of the energy center at the department of natural resources, or his or her designee;
(5) Two representatives from the appliance manufacturing industry;
(6) Three representatives with technical knowledge in energy efficiency and appliances, including but not limited to, electrical or energy engineers;
(7) One representative from the home construction industry; and
(8) One representative from the commercial building industry.
2. Each member shall serve a term of three years and may be reappointed. The advisory group members shall serve without compensation but may be reimbursed for expenses incurred in connection with their duties. The advisory group shall meet as needed, but not less than two times per year. The department shall provide staff for the advisory group.
(L. 2008 S.B. 1181, et al.)
701.512. 1. The department shall adopt procedures for testing the energy efficiency of the new products covered by sections 701.500 to 701.515. The department shall use United States Department of Energy approved test methods, or in the absence of such test methods, other appropriate nationally recognized test methods. The manufacturers of such products shall cause samples of their products to be tested in accordance with the test procedures adopted pursuant to sections 701.500 to 701.515.
2. Manufacturers of new products covered by sections 701.500 to 701.515 shall certify to the director that such products are in compliance with the provisions of sections 701.500 to 701.515. The director shall promulgate regulations governing the certification of such products and may coordinate with the certification program of other states with similar standards.
3. Manufacturers of new products covered by sections 701.500 to 701.515 shall identify each product offered for sale or installation in the state as in compliance with the provisions of sections 701.500 to 701.515 by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The director shall promulgate regulations governing the identification of such products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards.
4. The director may test products covered by sections 701.500 to 701.515. If products so tested are found not to be in compliance with the minimum efficiency standards established under sections 701.500 to 701.515, the director shall:
(1) Charge the manufacturer of such product for the cost of product purchase and testing; and
(2) Make information available to the public on products found not to be in compliance with the standards.
5. The director may cause periodic inspections to be made of distributors or retailers of new products covered by sections 701.500 to 701.515 in order to determine compliance with the provisions of these sections.
6. The director is hereby granted the authority to adopt such further regulations as necessary to insure the proper implementation and enforcement of the provisions of sections 701.500 to 701.515. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
(L. 2008 S.B. 1181, et al.)
701.515. The director shall investigate complaints received concerning violations of sections 701.500 to 701.515 and shall report the results of such investigations to the attorney general. The attorney general may institute proceedings to enforce the provisions of sections 701.500 to 701.515.
(L. 2008 S.B. 1181, et al.)
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Missouri General Assembly