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SECOND REGULAR SESSION
HOUSE BILL NO. 3003
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE STEINMEYER.
6775H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 320, RSMo, by adding thereto one new section relating to fire suppression
and safety , with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 320, RSMo, is amended by adding thereto one new section, to be
2 known as section 320.103, to read as follows:
320.103. 1. This section shall be known and may be cited as the "Fir e Life-Safety
2 Damper Inspection V erification Act".
3 2. As used in this section, the following terms mean:
4 (1) "Approv ed skills training pr ogram", a Class A appr enticeship register ed
5 with the United States Department of Labor or a state appr enticeship agency , totaling at
6 least eight thousand hours of practical HV AC experience and including fir e-safety-
7 r elated HV AC skills;
8 (2) "Combination fir e-and-smoke damper", a device that meets both fir e
9 damper and smoke damper requ irem ents;
10 (3) "Fir e damper", a device installed in ducts or air -transfer openings that closes
11 on heat detection to res ist flame or dynamic dampers that are rated for elevated-
12 temperatur e airflow;
13 (4) "Fir e life-safety damper", any fir e damper , smoke damper , or combination
14 fir e-and-smoke damper;
15 (5) "Fir e life-safety damper testing", physical and visual inspection or testing
16 r equir ed by the National Fir e Pr otection Association's standards 80, 92, and l05 and this
17 section to verify prop er damper operation;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (6) "HV AC", heating, ventilation, and air -conditioning;
19 (7) "Smoke damper", a device installed in ducts or air -transfer openings that
20 r esists smoke passage and operates automatically by a detection system.
21 3. This section shall apply to every fir e life-safety damper requ ired by a code or
22 standard of any Missouri political subdivision that r equir es a fir e life-safety damper
23 other than those in one- and two-family dwellings or townhouses thr ee stories or fewer
24 above grade plane.
25 4. Any Missouri political subdivision that req uires a fir e life-safety damper shall
26 r equir e that such fir e life-safety dampers are :
27 (1) T ested for compliance with this section and political subdivision codes or
28 standards within twelve months after its installation; and
29 (2) Periodically tested not less than once every four years ther eafter .
30 5. All tests and inspections re quir ed by this section shall comply with National
31 Fir e Pr otection Association standards 80 and 105. Remote methods shall not rep lace
32 physical visual inspection.
33 6. The following qualifications ar e req uired to perform tests and inspections
34 r equir ed by this section:
35 (1) A contractor pr oviding smoke damper , fir e damper , or combination fir e-and-
36 smoke damper testing or inspection services shall hold an International Certification
37 Board (ICB) fir e-and-smoke Damper Contractor Certification or equivalent
3 8 certification fr om an organization that has been accr edited under the International
39 Organization for Standardization's and International Electr otechnical Commission's
40 Personnel Certification 17024 (ISO/IEC 17024) in HV AC Fir e Life-Safety Damper
41 inspections; and
42 (2) A person performing smoke dampers, fir e dampers, or combination fir e-and-
43 smoke dampers testing or inspection services shall:
44 (a) Be employed by an enforc ing agency or by a contractor certified in
45 accordance with subdivision (1) of this subsection; or
46 (b) Have successfully completed an appr oved skill training pr ogram or be
47 enr olled in an appr oved skill training pr ogram and be working under the supervision of
48 a person having completed such a pro gram; and
49 (c) Hold a certification fr om the ICB as a fir e-and-smoke Damper T echnician or
50 an equivalent certification fr om an organization that has been accr edited under the ISO/
51 IEC 17024 Personnel Certification standard in HV AC-Life-Safety Damper inspections.
52 7. After the r equir ed testing and inspection, if the smoke damper , fir e damper , or
53 combination fir e-and-smoke damper passes the applicable inspections and tests, the
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54 person performing the inspection or test shall execute a compliance certification that
55 shall:
56 (1) V erify such compliance; and
57 (2) Contain the following:
58 (a) The name of the individual or individuals conducting the inspection or test;
59 (b) The employer of the individual or individuals;
60 (c) The name of the building owner and addr ess of the building;
61 (d) The location of all smoke dampers, fir e dampers, and combination fir e-and-
62 smoke dampers; and
63 (e) The date of the inspection or test.
64
65 The building owner shall maintain a copy of the compliance certification in the building
66 and make the certification available for inspection upon r equest fr om an entity with the
67 r elevant political subdivision with authority to make such a r equest.
68 8. After the r equir ed testing and inspection, in the event an inspection or test
69 r eveals deficiencies in smoke dampers, fir e dampers, or combination fir e-and-smoke
70 dampers, the individual or individuals who conducted the inspection or test shall
71 pr epar e a deficiency repo rt for the building owner identifying the nature of the
72 deficiency and reas ons for noncompliance. The deficiency report shall:
73 (1) V erify such deficiency; and
74 (2) Contain the following:
75 (a) The name of the individual or individuals conducting the inspection or test;
76 (b) The employer of the individual or individuals;
77 (c) The name of the building owner and addr ess of the building;
78 (d) The location of all smoke dampers, fir e dampers, and combination fir e-and-
79 smoke dampers; and
80 (e) The date of the inspection or test.
81 9. Upon recei pt of a deficiency report under subsection 8 of this section, the
82 building owner shall, without delay , take the necessary steps to ensur e the defective
83 equipment is rep laced or repa ired and that compliance with the applicable inspection
84 and testing r equir ements has been achieved. A building that does not achieve
85 compliance within thirty days shall be in violation of this section.
86 10. (1) The building owner shall post a notice of verification of the testing and
87 inspection of fir e dampers, smoke dampers, or combination fir e-and-smoke dampers in
88 the outside lobby window of the building or other area clearly visible to the public. The
89 verification shall be substantially similar to the following:
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90 VERIFICA TION OF FIRE SAFETY BUILDING INSPECTION
91 Building addr ess: __________________
92 Date of last inspection of fir e dampers,
93 smoke dampers, and combination fir e-
94 and-smoke dampers:
__________________
95 Pass: Y es/No
96 Date of expiration of inspection: __________________
97 Name of inspector: __________________
98 Date of last inspection of smoke control
99 systems:
__________________
100 Pass: Y es/No
101 Date of expiration of inspection: __________________
102 Name of inspector: __________________
103 (2) A written record of the smoke dampers, fir e dampers, combination fir e-and-
104 smoke dampers, and smoke contr ol systems testing and maintenance shall be
10 5 maintained on the pr emises. The written record shall include the date of the
106 maintenance, identification of the servicing personnel, and notification of any
1 0 7 unsatisfactory condition and the corr ective action taken, including parts replac ed.
108 (3) Building owners shall submit copies of all valid operation certificates to the
109 department of public safety to verify compliance with the testing req uirements of this
110 section within thirty days of obtaining the certificate. The department, state fir e
111 marshal, or entity within the releva nt political subdivision with authority to requ ire fir e
112 life-safety dampers shall commence enforcem ent actions under this section in any
113 instance of noncompliance and review compliance with this section when conducting
114 investigations of buildings for annual fir e inspections. If the inspection is conducted by
115 the political subdivision, the political subdivision shall rep ort its findings to the
116 department and the state fir e marshal and ref er the matter to the department or the
117 state fir e marshal for enfor cement.
118 1 1. (1) Any failure to comply with any req uire ment of this section shall
119 constitute a violation of this section and shall be subject to the administrative civil
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120 penalties authorized by sections 320.200 to 320.273. A civil penalty of not mor e than one
121 thousand dollars may be assessed for each violation and for each day the violation
122 continues.
123 (2) The state fir e marshal may deny , suspend, or revoke any license, certificate,
124 appr oval, or other authorization issued under sections 320.200 to 320.273 when a
125 person, firm, or entity fails to comply with the fir e-pr evention code, including this
126 r egulation. This pro vision shall not deny the enforcem ent powers or obligations of
127 political subdivisions.
128 (3) In accordance with this section, the state fir e marshal or department of
129 public safety may seek injunctive relief in a court of competent jurisdiction to res train
130 any continuing condition that pr esents an imminent danger to life or prop erty . This
131 pr ovision shall not deny the enforce ment powers or obligations of political subdivisions.
132 (4) Any administrative penalty order the state fir e marshal or department of
133 public safety issues under this subsection shall state the violation, the amount of the
134 penalty , and the right to req uest a hearing under the provi sions of chapter 536.
✔
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