Effective - 28 Aug 2009, 2 histories
198.074. Sprinkler system requirements — fire alarm system requirements. — 1. Effective August 28, 2007, all new facilities licensed under this chapter on or after August 28, 2007, or any section of a facility licensed under this chapter in which a major renovation has been completed on or after August 28, 2007, as defined and approved by the department, shall install and maintain an approved sprinkler system in accordance with National Fire Protection Association (NFPA) 13.
2. Facilities that were initially licensed and had an approved sprinkler system prior to August 28, 2007, shall continue to meet all laws, rules, and regulations for testing, inspection and maintenance of the sprinkler system that were in effect for such facilities on August 27, 2007.
3. Multi-level assisted living facilities that accept or retain any individual with a physical, cognitive, or other impairment that prevents the individual from safely evacuating the facility with minimal assistance shall install and maintain an approved sprinkler system in accordance with NFPA 13. Single-story assisted living facilities that accept or retain any individual with a physical, cognitive, or other impairment that prevents the individual from safely evacuating the facility with minimal assistance shall install and maintain an approved sprinkler system in accordance with NFPA 13R.
4. All residential care and assisted living facilities with more than twenty residents not included in subsection 3 of this section, which are initially licensed under this chapter prior to August 28, 2007, and that do not have installed an approved sprinkler system in accordance with NFPA 13R or 13 prior to August 28, 2007, shall install and maintain an approved sprinkler system in accordance with NFPA 13R or 13 by December 31, 2012, unless the facility meets the safety requirements of Chapter 33 of existing residential board and care occupancies of NFPA 101 life safety code.
5. All skilled nursing and intermediate care facilities not required prior to August 28, 2007, to install and maintain an approved sprinkler system shall install and maintain an approved sprinkler system in accordance with NFPA 13 by December 31, 2012, unless the facility receives an exemption from the department and presents evidence in writing from a certified sprinkler system representative or licensed engineer that the facility is unable to install an approved National Fire Protection Association 13 system due to the unavailability of water supply requirements associated with this system.
6. Facilities that take a substantial step, as specified in subsections 4 and 5 of this section, to install an approved NFPA 13R or 13 system prior to December 31, 2012, may apply to the state treasurer's office for a loan in accordance with section 198.075 to install such system. However, such loan shall not be available if by December 31, 2009, the average total reimbursement for the care of persons eligible for Medicaid public assistance in an assisted living facility and residential care facility is equal to or exceeds fifty-two dollars per day. The average total reimbursement includes room, board, and care delivered by the facility, but shall not include payments to the facility for care or services not provided by the facility. If a facility under this subsection does not have an approved sprinkler system installed by December 31, 2012, such facility shall be required to install and maintain an approved sprinkler system in accordance with NFPA 13 by December 31, 2013. Such loans received under this subsection and in accordance with section 198.075, shall be paid in full as follows:
(1) Ten years for those facilities approved for the loan and whose average total reimbursement rate for the care of persons eligible for Medicaid public assistance is equal to forty-eight and no more than forty-nine dollars per day;
(2) Eight years for those facilities approved for the loan and whose average total reimbursement rate for the care of persons eligible for Medicaid public assistance is greater than forty-nine and no more than fifty-two dollars per day; or
(3) Five years for those facilities approved for the loan and whose average total reimbursement rate for the care of persons eligible for Medicaid public assistance is greater than fifty-two dollars per day.
(4) No payments or interest shall be due until the average total reimbursement rate for the care of persons eligible for Medicaid public assistance is equal to or greater than forty-eight dollars.
7. (1) All facilities licensed under this chapter shall be equipped with a complete fire alarm system in compliance with NFPA 101, Life Safety Code for Detection, Alarm, and Communication Systems, or shall maintain a system that was approved by the department when such facility was constructed so long as such system is a complete fire alarm system. A complete fire alarm system shall include, but not be limited to, interconnected smoke detectors, automatic transmission to the fire department, dispatching agency, or central monitoring company, manual pull stations at each required exit and attendant's station, heat detectors, and audible and visual alarm indicators. If a facility submits a plan of compliance for installation of a sprinkler system required by this chapter, such facility shall install a complete fire alarm system that complies with NFPA 72 upon installation of the sprinkler system. Until such time that the sprinkler system is installed in the facility which has submitted a plan of compliance, each resident room or any room designated for sleeping in the facility shall be equipped with at least one battery-powered smoke alarm installed, tested, and maintained in accordance with NFPA 72. In addition, any such facility shall be equipped with heat detectors interconnected to the fire alarm system which are installed, tested, and maintained in accordance with NFPA 72 in all areas subject to nuisance alarms, including but not limited to kitchens, laundries, bathrooms, mechanical air handling rooms, and attic spaces.
(2) In addition, each floor accessed by residents shall be divided into at least two smoke sections by one-hour rated smoke partitions. No smoke section shall exceed one hundred fifty feet in length. If neither the length nor the width of the floor exceeds seventy-five feet, no smoke-stop partition shall be required. Facilities with a complete fire alarm system and smoke sections meeting the requirements of this subsection prior to August 28, 2007, shall continue to meet such requirements. Facilities initially licensed on or after August 28, 2007, shall comply with such requirements beginning August 28, 2007, or on the effective date of licensure.
(3) Except as otherwise provided in this subsection, the requirements for complete fire alarm systems and smoke sections shall be enforceable on December 31, 2008.
8. The requirements of this section shall be construed to supersede the provisions of section 198.058 relating to the exemption of facilities from construction standards.
9. Fire safety inspections of skilled nursing and intermediate care facilities licensed under this chapter for compliance with this section shall be conducted annually by the department. All department inspectors who inspect facilities for compliance under this section shall complete a fire inspector course, as developed by the division of fire safety within the department of public safety, by December 31, 2012. Fire safety inspections of residential care and assisted living facilities licensed under this chapter for compliance with this section shall be conducted annually by the state fire marshal. The provisions of this section shall be enforced by the department or the state fire marshal, depending on which entity conducted the inspection.
10. By July 1, 2008, all facilities licensed under this chapter shall submit a plan for compliance with the provisions of this section to the state fire marshal.
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(L. 2007 H.B. 952 & 674, A.L. 2009 H.B. 395)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 198 - Nursing Homes and Facilities
Section 198.003 - Citation of law.
Section 198.006 - Definitions.
Section 198.027 - On-site revisit not required, when.
Section 198.030 - Posting of inspection reports at the facility.
Section 198.036 - Revocation of license — grounds — notice required.
Section 198.042 - Medical supervision for residents relying on spiritual healing not required.
Section 198.048 - Different classifications of facility may exist on same premises, when.
Section 198.054 - Influenza vaccination for employees, facilities to assist in obtaining.
Section 198.055 - Inspection by department valid for certain mental health patients, when.
Section 198.058 - Certain facilities exempt from construction standards, when.
Section 198.064 - Duplicate payments — how determined — procedures for repayment.
Section 198.066 - Sanctions for violations authorized.
Section 198.071 - Death of a resident, persons to contact prior to transfer of deceased.
Section 198.074 - Sprinkler system requirements — fire alarm system requirements.
Section 198.075 - Fire safety standards loan fund created, use of moneys.
Section 198.077 - Department to maintain facility compliance records.
Section 198.080 - Assessment procedures developed — rulemaking authority.
Section 198.085 - Categories of standards for each type of licensed facility.
Section 198.087 - Uniformity of application of regulation standards, department's duties.
Section 198.093 - Violations of resident's rights — complaints — legal action — damages.
Section 198.097 - Misappropriation of funds of elderly or disabled nursing home residents, penalty.
Section 198.099 - Petition for appointment of receiver — when.
Section 198.103 - Department may appoint monitor.
Section 198.108 - Ex parte appointment of receiver in emergency, when — notice — hearing.
Section 198.112 - Powers of receiver.
Section 198.115 - Executory contracts, receiver not required to honor — when — hearing.
Section 198.118 - Compensation of receiver.
Section 198.121 - Bond of receiver.
Section 198.124 - License may be issued to facility operated by receiver — duration.
Section 198.128 - Termination of receivership, when.
Section 198.139 - Medicaid moneys not to be used for other purposes.
Section 198.145 - Kickbacks, bribes and rebates prohibited, when.
Section 198.148 - Offering or making kickbacks, bribes or rebates prohibited, when.
Section 198.151 - Usual trade discounts and employment benefits not kickbacks, bribes or rebates.
Section 198.155 - False statements by health care provider prohibited, when.
Section 198.158 - Penalties for violation of sections 198.139 to 198.155.
Section 198.165 - Medicaid payments stopped by division, when — hearing.
Section 198.171 - Civil restitution of Medicaid funds, when.
Section 198.177 - Compelling of testimony — grant of immunity, when.
Section 198.180 - Audit and inspection of records, when — warrant.
Section 198.186 - Local crime investigation powers not diminished.
Section 198.187 - Criminal background checks for residents permitted.
Section 198.200 - District created, how — territory included — name — nursing home defined.
Section 198.210 - Petition of voters for district, where filed, contents.
Section 198.220 - Notice of hearing on petition — costs of notice.
Section 198.230 - Procedure where several petitions filed — amendment.
Section 198.240 - If petition sufficient county commission to order election.
Section 198.250 - Notice of election, contents.
Section 198.260 - Form of ballot.
Section 198.263 - Increase in tax levy, procedure — ballot of submission, form.
Section 198.270 - Results of election to be filed.
Section 198.300 - Powers of nursing home district.
Section 198.305 - Unsuitable site, may be changed, when.
Section 198.310 - Indebtedness for nursing home — election — ballot — limits — tax to pay.
Section 198.312 - Revenue bonds authorized, when.
Section 198.314 - Revenue bonds not an indebtedness of the issuing authority.
Section 198.316 - Revenue bonds, form of, interest rate — to be negotiable instruments.
Section 198.320 - Annexation of territory to district — election.
Section 198.330 - Records of district — officers and employees to give bond.
Section 198.340 - Board as trustee may accept and hold property donated — duties.
Section 198.350 - Citation of law.
Section 198.360 - Dissolution of district.
Section 198.401 - Nursing facility reimbursement allowance, definitions.
Section 198.403 - Formula set forth in rules.
Section 198.406 - Records required, transmittal to department — elements of report, determinations.
Section 198.409 - Determination of amount due — notification, payments — offset allowed.
Section 198.412 - Finality of determination, protest — hearing, reconsideration, appeal.
Section 198.416 - Forms and content set forth in rule.
Section 198.424 - No effect upon tax-exempt status.
Section 198.427 - Medicaid provider agreements, payments, rate, computation.
Section 198.428 - Medicaid eligibility presumed pending approval or denial of application, when.
Section 198.431 - Contingent application of requirements — disbursement of fund, when.
Section 198.433 - Imposition of allowance, when.
Section 198.436 - Rules, regulations, promulgation, procedure.
Section 198.439 - Expiration date.
Section 198.500 - Citation of law.
Section 198.505 - Definitions.
Section 198.528 - Long-term care facility information to be provided on department internet website.
Section 198.532 - Investigation of complaints — results provided, when.
Section 198.533 - Conflict of interest, state investigators.
Section 198.534 - Rulemaking authority.
Section 198.610 - Citation of law — definitions.
Section 198.616 - Acknowledgment form, contents.
Section 198.622 - Facility to permit monitoring, requirements.
Section 198.624 - Abuse or neglect of resident, use of footage, reporting requirements.
Section 198.626 - Admissibility of footage in court or administrative proceeding, when.
Section 198.628 - Notice of electronic monitoring to be posted.
Section 198.630 - Sanctions, when — administrative penalty, when.
Section 198.640 - Definitions.
Section 198.642 - Supplemental health care services agency, registration required — procedure.