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Governing Lodging Establishments

General: Definitions

Governing Lodging Establishments


General: Definitions

Title 19—DEPARTMENT OF HEALTH
Division 20—Division of Environmental Health and Communicable Disease Prevention
Chapter 3—General Sanitation

19 CSR 20-3.050 Sanitation and Safety Standards for Lodging Establishments

Purpose: This rule establishes sanitation and safety standards pertaining to life safety, fire safety, electrical wiring, fuel-burning appliances, plumbing and swimming pools/spas for lodging establishments.

Publisher's Note: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

Definitions

  1. “Administrative authority” shall mean local or state health department representative or local codes administrator/fire marshal, state fire marshal or his/her representative.
  2. “Air break” shall mean a piping arrangement in which a drain from a fixture, appliance or device discharges indirectly into another fixture, receptacle or interception at a point below the flood level rim. The connection does not provide an unobstructed vertical distance and is not solidly connected but precludes the possibility of backflow to a potable water source.
  3. “Air gap” shall mean the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or outlet supplying fixture, or other device, and the flood level rim of the receptacle. The vertical physical separation shall be at least two (2) times the inside diameter of the water inlet pipe above the flood rim level but shall not be less than one inch (1").
  4. “Approved” shall mean acceptable to the administrative authority having jurisdiction.
  5. “Bed and breakfast” shall mean an existing building(s) with no more than three (3) occupiable stories, with at least five (5) but no more than ten (10) guest rooms. The building shall have interior corridors and be provided with a kitchen; breakfast shall be provided to guests and the owner must live in or adjacent to the building.
  6. “Dead-end corridor” shall mean a corridor, aisle or passageway arranged without an exit access in two (2) directions.
  7. “Equivalent code” shall mean any code that is accepted by state regulatory authorities and the industry that contains the same definition or standard as the code referenced in this rule, including but not limited to, fire alarm systems, wireless smoke detectors and supervised sprinkler systems.
  8. “Existing lodging establishment” shall mean a building, component or feature that is operating as a licensed lodging establishment or has a current inspection conducted by or for the Missouri Department of Health and Senior Services (DHSS) and is in the process of obtaining a lodging license as of the effective date of this rule.
  9. “Exit” shall mean the portion of a means of egress that is separated from all other spaces of the building or structure by construction or equipment required to provide a protected way of travel to the exit discharge. Exits include exterior exit doors, exit passageways, horizontal exits, separated exit stairs and separated exit ramps.
  10. “Exit access” shall mean the portion of a means of egress that leads to an exit.
  11. “Exit discharge” shall mean the portion of a means of egress between the termination of an exit and a public way.
  12. “Fire alarm system” is as described in the National Fire Protection Association 72, National Fire Alarm Code 2002 Edition, which is incorporated by reference in this rule or equivalent code. Any interested person may view this material at the agency’s headquarters or may purchase a copy from the National Fire Protection Association, 11 Tracy Drive, Avon, MA 02322. This rule does not incorporate any subsequent amendments or additions.
  13. “Fire barrier” shall mean a structural element, either vertical or horizontal, such as a wall or floor assembly, that is designed and constructed with a specified fire resistance rating to limit the spread of fire and restrict the movement of smoke. Such barriers may have protected openings.
  14. “Fire resistance rating” shall mean the length of time, in minutes or hours, that materials or structural elements can withstand fire exposure.
  15. “Flame resistant material” shall mean the property of material or its structural elements that prevents or retards the passage of excessive heat, hot gases or flames under conditions in which they are used.
  16. “Furnace” shall mean a heating device with forced air ductwork.
  17. “Group of buildings” as referenced in the lodging establishment definition, shall mean any building, structure, facility, place, bed and breakfast, or places of business, including but not limited to, multiple, individual or multi-unit cabins and guest rooms that are not attached to the main building but receive the same services/amenities as those guest rooms within the main building.
  18. “Guest room” shall mean any room or unit where sleeping accommodations are regularly furnished to the public.
  19. “Hardwired” shall mean wired directly and permanently into the building’s main electrical wiring system and/or a wireless system as described in the National Fire Protection Association 72, National Fire Alarm Code 2002 Edition or equivalent code.
  20. “Hazardous areas” shall mean areas of structures or buildings posing a degree of hazard greater than normal to the general occupancy of a building or structure, such as areas used for the storage or use of combustibles or flammable, toxic, noxious or corrosive materials, or heat-producing appliances.
  21. “Historic building” shall mean a building that is listed individually in the National Register of Historic Places or is located in a registered historic district and certified by the Secretary of the Interior as contributing to the historic significance of the district.
  22. “Lodging establishment” shall include any building, group of buildings, structure, facility, place, or places of business where five (5) or more guest rooms are provided, which is owned, maintained, or operated by any person and which is kept, used, maintained, advertised or held out to the public for hire which can be construed to be a hotel, motel, motor hotel, apartment hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory, or other similar place by whatever name called, and includes all such accommodations operated for hire as lodging establishments for either transient guests, permanent guests, or for both transient and permanent guests. This definition shall not apply to dormitories and other living or sleeping facilities owned or maintained by public or private schools, colleges, universities, or churches unless made available to the general public and not used exclusively for students and faculty, school-sponsored events, baseball camps, conferences, dance camps, equitation camps, football camps, learned professional society meetings, music camps, retreats, seminars, soccer camps, swimming camps, track camps, youth leadership conferences, or church-sponsored events.
  23. “Major renovation” shall mean a physical change to a lodging establishment or portion thereof, including the replacement or upgrading of major systems, which extends the useful life. Examples include, but are not limited to, demolition of the interior or exterior of a building or portion thereof, including the removal and subsequent replacement of electrical, plumbing, heating, ventilating and air conditioning systems, fixed equipment and interior walls and partitions (whether fixed or moveable). Replacement of broken, dated or worn equipment/items, including but not limited to, individual air conditioning units, bathroom tile, shower stalls that do not require any additional or new plumbing, electrical, etc. shall not be considered a major renovation.
  24. “Means of egress” shall mean a continuous and unobstructed way of travel from any point in a building or structure to a public way. A means of egress consists of three (3) distinct parts, the exit access, the exit and the exit discharge.
  25. “New lodging establishment” shall mean a building, component or feature that begins operation as a lodging establishment after the effective date of this rule or an existing lodging establishment that has ceased operation for a time period of eighteen (18) months or more and reopens as a lodging establishment after the effective date of this rule.
  26. “Occupiable story” shall mean a story available to guests.
  27. “Potable water” shall mean water which is safe for human consumption in that it is free from impurities in amounts sufficient to cause disease or harmful physiological effects and, for the purpose of this rule, must be approved by the Department of Natural Resources (DNR) or the DHSS prior to serving to the general public.
  28. “Potentially hazardous food” shall mean those foods that are referenced in 19 CSR 20-1.025 Sanitation of Food Establishments.
  29. “Prepackaged” shall mean bottled, canned, cartoned, securely bagged or securely wrapped, whether packaged in a food establishment or a food processing plant. It does not include a wrapper, carryout box or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.
  30. “Primary means of egress” shall consist of, but is not limited to, an enclosed interior stair, an exterior stair, horizontal exit, door, stairway, or ramp providing a means of unobstructed travel without traversing any corridor or space exposed to an unprotected vertical opening. The primary means of escape shall lead outside of the dwelling unit at street or ground level. Stairways serving as part of the primary means of egress shall be enclosed with fire barriers (vertical), such as wall or partition assemblies with a fire resistance rating of not less than thirty (30) minutes. Such enclosures shall be continuous from floor to floor. Openings shall be protected as appropriate for the fire resistance rating of the barrier.
  31. “Private water supply” shall mean a piped water supply having less than fifteen (15) service connections or serving less than twenty-five (25) people at least sixty (60) days out of the year.
  32. “Public water supply” shall mean a piped water supply having fifteen (15) or more service connections or serving twenty-five (25) or more people at least sixty (60) days out of the year. It may be a community water system, transient noncommunity water system or nontransient noncommunity water system.
  33. “Public way” shall mean an area such as a street or sidewalk that is open to the outside and is used by the public for moving from one (1) location to another.
  34. “Remote exit or means of egress” shall mean when two (2) exits or two (2) exit access doors are required.
  35. “Secondary means of egress” shall consist of, but is not limited to, a door, outside window, stairway, passage, fire escape or hall providing a way of unobstructed travel to the outside of the dwelling at street or ground level; a passage through an adjacent nonlockable space to any approved means of escape; an outside window or door operable from the inside without the use of tools, keys, or special effort and providing a clear opening of not less than twenty inches (20") in width, twenty-four inches (24") in height, and 5.7 square feet in area. The bottom of the opening shall not be more than forty-four inches (44") above the floor. Such means of escape shall be acceptable if the window is within twenty feet (20') of grade or opens onto an exterior balcony and is directly accessible to fire department rescue apparatus as approved by the local fire inspector or State Fire Marshal’s office.
  36. “Self-closing” shall mean to be equipped with an approved device that will ensure closing after having been opened.
  37. “Sleeping room” shall mean the part of the guest room where people sleep.
  38. “Smoke proof enclosure” shall mean a stair enclosure designed to limit the movement of combustion products, produced by a fire occurring in any part of the building, into such enclosure.
  39. “Spa” shall mean a pool designed for recreational and/or therapeutic use and not drained, cleaned and refilled for each individual. It may include, but is not limited to, hydrojet circulation, hot water, cold water, mineral baths, air induction systems or any combination thereof.
  40. “Story” shall mean the portion of a building located between the upper surface of a floor and the upper surface of the floor or roof next above.
  41. “Supervised sprinkler system” is as described in the National Fire Protection Association 13, Standard for the Installation of Sprinkler Systems 2002 Edition and the National Fire Protection Association 13R, Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height 2002 Edition, which are incorporated by reference in this rule or equivalent code. Any interested person may view this material at the agency’s headquarters or may purchase a copy from the National Fire Protection Association, 11 Tracy Drive, Avon, MA 02322. This rule does not incorporate any subsequent amendments or additions.
  42. “Wet location” shall mean a location subject to saturation with water or other liquids, including but not limited to, bathtubs, sinks and/or shower stalls.