Missouri Statute | Act | Code |Codes And Standards| US Code - US Statute

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

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

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

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, RSMo;

(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.

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)

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)

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, RSMo, 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.

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.

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, RSMo. (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)

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)

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, RSMo, 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, RSMo.

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)

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)

Nothing in sections 701.025 to 701.059 shall be construed as
prohibiting the clean water commission from taking appropriate action
under chapter 644, RSMo, 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, RSMo. (L. 1986 H.B. 1101 § 8,
A.L. 1994 S.B. 446)

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, RSMo;

(c) Sanitarians meeting standards defined by the department;

(d) Qualified geologists as defined in section 256.501, RSMo; 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, RSMo. 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, RSMo. 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, RSMo; 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.

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)

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, RSMo,
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)

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)

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)

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, RSMo, 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

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.

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)

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)

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)

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, RSMo. 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)

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)

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)

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, RSMo, 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)

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)

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)

1. There is hereby established the "Advisory Committee on Lead
Poisoning". The members of the committee shall consist of twenty-seven
persons who shall be appointed by the governor with the advice and
consent of the senate, except as otherwise provided in this subsection.
At least five of the members of the committee shall be African-Americans
or representatives of other minority groups disproportionately affected
by lead poisoning. The members of the committee shall include:

(1) The director of the department of health and senior services or the
director's designee, who shall serve as an ex officio member;

(2) The director of the department of economic development or the
director's designee, who shall serve as an ex officio member;

(3) The director of the department of natural resources or the director's
designee, who shall serve as an ex officio member;

(4) The director of the department of social services or the director's
designee, who shall serve as an ex officio member;

(5) The director of the department of labor and industrial relations or
the director's designee, who shall serve as an ex officio member;

(6) One member of the senate, appointed by the president pro tempore of
the senate, and one member of the house of representatives, appointed by
the speaker of the house of representatives;

(7) A representative of the office of the attorney general, who shall
serve as an ex officio member;

(8) A member of a city council, county commission or other local
governmental entity;

(9) A representative of a community housing organization;

(10) A representative of property owners;

(11) A representative of the real estate industry;

(12) One representative of an appropriate public interest organization
and one representative of a local public health agency promoting
environmental health and advocating protection of children's health;

(13) A representative of the lead industry;

(14) A representative of the insurance industry;

(15) A representative of the banking industry;

(16) A parent of a currently or previously lead-poisoned child;

(17) A representative of the school boards association or an employee of
the department of elementary and secondary education, selected by the
commissioner of elementary and secondary education;

(18) Two representatives of the lead abatement industry, including one
licensed lead abatement contractor and one licensed lead abatement worker;

(19) A physician licensed under chapter 334, RSMo;

(20) A representative of a lead testing laboratory;

(21) A lead inspector or risk assessor;

(22) The chief engineer of the department of transportation or the chief
engineer's designee, who shall serve as an ex officio member;

(23) A representative of a regulated industrial business; and

(24) A representative of a business organization.

2. The committee shall make recommendations relating to actions to:

(1) Eradicate childhood lead poisoning by the year 2012;

(2) Screen children for lead poisoning;

(3) Treat and medically manage lead-poisoned children;

(4) Prevent lead poisoning in children;

(5) Maintain and increase laboratory capacity for lead assessments and
screening, and a quality control program for laboratories;

(6) Abate lead problems after discovery;

(7) Identify additional resources, either through a tax or fee structure,
to implement programs necessary to address lead poisoning problems and
issues;

(8) Provide an educational program on lead poisoning for the general
public and health care providers;

(9) Determine procedures for the removal and disposal of all lead
contaminated waste in accordance with the Toxic Substances Control Act,
as amended, 42 U.S.C. 2681, et seq., solid waste and hazardous waste
statutes, and any other applicable federal and state statutes and
regulations.

3. The committee members shall receive no compensation but shall, subject
to appropriations, be reimbursed for actual and necessary expenses
incurred in the performance of their duties. All public members and local
officials shall serve for a term of two years and until their successors
are selected and qualified, and other members shall serve for as long as
they hold the office or position from which they were appointed.

4. No later than December fifteenth of each year, the committee shall
provide a written annual report of its recommendations for actions as
required pursuant to subsection 2 of this section to the governor and
general assembly, including any legislation proposed by the committee to
implement the recommendations.

5. The committee shall submit records of its meetings to the secretary of
the senate and the chief clerk of the house of representatives in
accordance with sections 610.020 and 610.023, RSMo. (L. 1993 S.B. 232 §
2, A.L. 1998 H.B. 977 & 1608, A.L. 2002 H.B. 1953)

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, RSMo. (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)

The department of health and senior services shall provide on
its Internet web site 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)

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)

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)

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 web
site.

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)

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)

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, RSMo. Any decision of the administrative hearing commission may be
appealed as provided in sections 536.100 to 536.140, RSMo.

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 web site 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)

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)

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)

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)

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)

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, RSMo, 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)

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)

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)

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, RSMo, 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)

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)

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)

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)

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)

For purposes of sections 643.225 to 643.250, RSMo, the term
"project" shall exclude any single-family owner-occupied dwellings and
vacant public or privately owned residential structures of four dwelling
units or less being demolished for the sole purpose of public health,
safety or welfare. All vacant structures of four dwelling units or less
located in any city not within a county shall be exempt from all
geographical and time restrictions for the purpose of demolition pursuant
to the National Emissions Standards for Asbestos. Excluded structures
that are not located within a city not within a county shall be
geographically dispersed. All excluded structures shall be demolished
pursuant to a public safety determination by a local or state
governmental agency and pose a threat to public safety. (L. 1993 S.B. 232
§ 17, A.L. 1998 H.B. 977 & 1608)

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)

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)

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, RSMo, 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)

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, RSMo. (L. 1993
S.B. 232 § 20, A.L. 1995 S.B. 3)

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, RSMo, 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)

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)

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)

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, RSMo, 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)

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, RSMo, 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)

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, RSMo. (L. 2001 S.B. 266)

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)

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.

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)

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.

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 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)

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)

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)

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, RSMo. (L. 1994
H.B. 1035 § 3 subsecs. 4 to 10, A.L. 1995 S.B. 3)

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)

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)

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)

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)

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)

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)

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)

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, RSMo, 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, RSMo. 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 1-1-05

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, RSMo.

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)

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)

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)

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)

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 requires 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. (L. 1995 S.B. 96 § 1)

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