Fire Safety Requirements

PURPOSE: This rule establishes the fire safety requirements for all license-exempt child care facilities. (1) These general fire safety requirements shall be followed at all facilities: (A) At least one (1) portable, operable flashlight shall be accessible to staff; (B) All flammable materials shall be stored properly and accessible only to authorized persons; (C) House numbers shall be plainly visible from the street, or the location of the facility shall be made known to the local fire department; (D) If child care is provided after dark, emergency lighting with a battery back-up shall be required; (E) Facilities beginning operation after July 30, 1995, shall have a minimum ceiling height of seven feet (7') in all areas used for child care; and (F) Providers shall notify the nearest fire department when the facility begins operation. (2) These requirements for exits and doors shall be followed at all facilities: (A) Each floor occupied by children shall have no less than two (2) exits remote from each other. Exit doors shall swing in the direction of exit travel and shall lead directly, or through an enclosed fire-resistant stairway, to the outside. This includes basement areas; (B) Children shall not be permitted to sleep above the second floor; (C) Doors in a means of egress shall swing in the direction of exit travel. This does not apply to facilities caring for ten (10) or less children; (D) Outside doors shall not be locked to prevent exit while the building is occupied; (E) Every bathroom door lock or bathroom stall door shall be designed to permit opening from the outside in an emergency. All closet latches shall allow children to open the doors from the inside; and (F) Facilities shall have smokestop partitions with a one- (1-) hour fire resistant rating between each floor. All doors providing separation between floors shall have a fortyfive- (45-) minute fire resistant rating with an attached self-closing device. This does not apply to facilities caring for ten (10) or fewer children. (3) These requirements for detection and extinguishment systems shall be followed at all facilities: (A) Each facility caring for more than ten (10), but less than fifty (50) children at one (1) time shall have— 1. Manual pull stations by every exit or where designated by the fire inspector. They shall be connected to an alarm that is audible throughout the facility. One- (1-) room facilities that exit directly to the outside are not subject to this requirement; and 2. At least one (1) Underwriter’s Laboratory (UL) or Factory Mutual (FM)- approved individual home-type detector shall be located on each floor and in each hazardous area. The number and location of detectors shall be determined by the fire inspector. Detectors shall be tested monthly and batteries changed as needed. A record shall be kept of the dates of testing and changing of batteries; (B) Facilities caring for fifty (50) or more children at one (1) time shall have a full-coverage electrical fire alarm system with battery back-up, smoke detectors, heat sensors, and pull stations. All equipment shall be UL- or FM-certified; (C) Facilities caring for more than one hundred (100) children at one (1) time shall have a fire alarm that is transmitted to the local fire department or official authority; (D) Commercial stoves, commercial cooking ranges, and deep fryers shall be equipped with a range hood and extinguishing system with an automatic cutoff of fuel supply, and an exhaust system; (E) A portable five (5) pound, 2A10BC fire extinguisher shall be located near the kitchen. The location shall be at the discretion of the fire inspector. Additional extinguishers may be required by the fire inspector; and (F) Janitor closets, maintenance shops, and boiler or furnace rooms in child care space shall be separated from other parts of the building with construction having at least a one- (1-) hour fire resistant rating. The opening shall have solid core doors to close off the area. (4) Heating equipment shall be installed with permanent connections and proper ventilation. (A) Space heaters, floor furnaces, wood burning stoves, and fireplaces shall have a noncombustible guard or partition to prevent children from touching or tampering with them. (B) Unvented gas and oil heaters shall not be used. (C) All gas and electrical heating equipment shall be equipped with thermostatic controls. All hot water heaters shall have a temperature/pressure relief valve, be vented properly, and equipped with thermostatic controls. The drain line on the pressure relief valve shall extend to approximately six inches (6") above the floor. (D) Only commercially manufactured heating equipment shall be used. (5) Fire and tornado drills shall be conducted at least every three (3) months and shall include all children in care. Unscheduled drills shall be held at the discretion of the state fire marshal or department. Each fire drill shall include a complete evacuation of all persons from the building. (A) An emergency plan for fires and tornadoes shall be posted conspicuously and shall include the route for the drills and special instructions for nonambulatory infants and children. (B) A written record shall be kept of the dates and types of drills conducted. (6) Fire safety inspections of license-exempt facilities may be delegated to local fire districts if the standards employed for inspections are equivalent to those in this rule. AUTHORITY: section 161.092, RSMo 2016, and section 210.252, RSMo Supp. 2021.* This rule was previously filed as 19 CSR 4060.080. Original rule filed Dec. 1, 1994, effective July 30, 1995. Changed to 19 CSR 30-60.080 July 30, 1998. Emergency amendment filed March 1, 2000, effective March 11, 2000, expired Sept. 6, 2000. Amended: Filed March 1, 2000, effective Aug. 30, 2000. Moved to 5 CSR 25-300.070, effective Aug. 30, 2021. Amended: Filed Oct. 6, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 210.252, RSMo 1993, amended 1999, 2019, 2020, 2021.