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SECOND REGULAR SESSION
SENATE BILL NO. 1659
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NURRENBERN.
6959S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 320, RSMo, by adding thereto one new section relating to fire suppression and
fire 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 1
one new section, to be known as section 320.223, to read as 2
follows:3
320.223. 1. This section shall be known and may be 1
cited as the "Fire Life-Safety Damper Inspection 2
Verification Act". 3
2. As used in this section, the following terms mean: 4
(1) "Approved skills training program", a Class A 5
apprenticeship registered with the United States Department 6
of Labor or a state apprenticeship agency, totaling at least 7
eight thousand hours of practical HVAC experience and 8
including fire-safety-related HVAC skills; 9
(2) "Combination fire and smoke damper", a device that 10
meets both fire damper and smoke damper requirements; 11
(3) "Department", the department of public safety; 12
(4) "Enforcing agency", a state or local fire marshal 13
who has been granted the authority to enforce state or local 14
fire protection statutes; 15
(5) "Fire damper", a device installed in ducts or air- 16
transfer openings that closes on heat detection to resist 17
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flame or dynamic dampers that are rated for elevated- 18
temperature airflow; 19
(6) "Fire life-safety damper", any fire damper, smoke 20
damper, or combination fire-and-smoke damper; 21
(7) "Fire life-safety damper testing", physical and 22
visual inspection or testing required by the National Fire 23
Protection Association's standards 80, 92, and l05 and this 24
section to verify proper damper operation; 25
(8) "HVAC", heating, ventilation, and air-conditioning; 26
(9) "ICB", the International Certification Board; 27
(10) "ISO/IEC 17024", the International Organization 28
for Standard 17024, Conformity Assessment-General 29
Requirements for Bodies Operating Certification of Persons; 30
(11) "NFPA 80", the National Fire Protection 31
Association standard 80, Standard for Fire Doors and Other 32
Opening Protectives; 33
(12) "NFPA 105", the National Fire Protection 34
Association standard 105, Standard for Smoke Door 35
Assemblies and Other Opening Protectives; 36
(13) "Smoke damper", a device installed in ducts or 37
air-transfer openings that resists smoke passage and 38
operates automatically by a detection system. 39
3. This section shall apply to every fire life-safety 40
damper required by any political subdivision's code or 41
standard that requires a fire life-safety damper other than 42
those in one- and two-family dwellings or townhouses three 43
stories or fewer above grade plane. 44
4. In any political subdivision that requires a fire 45
life-safety damper, each fire life-safety damper shall be: 46
(1) Tested for acceptance within twelve months after 47
its installation; and 48
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(2) Thereafter periodically tested not less than once 49
every four years thereafter. 50
5. All tests and inspections required by this section 51
shall comply with NFPA 80(2016) and NFPA 105(2016). Remote 52
methods shall not replace physical visual inspection. 53
6. The following qualifications are required to 54
perform tests and inspections required by this section: 55
(1) A contractor providing smoke damper, fire damper, 56
combination fire-and-smoke damper testing or inspection 57
services shall hold an ICB Fire and Smoke Damper Contractor 58
Certification or equivalent certification from an 59
organization that has been accredited under the ISO/IEC 60
17024 Personnel Certification standard in HVAC Fire Life- 61
Safety Damper inspections; 62
(2) A person performing smoke dampers, fire dampers, 63
or combination fire-and-smoke dampers testing or inspection 64
services shall: 65
(a) Be employed by an enforcing agency or by a 66
contractor certified in accordance with subdivision (1) of 67
this subsection; 68
(b) Have successfully completed an approved skill 69
training program, or be enrolled in an approved skill 70
training program, and be working under the supervision of a 71
person having completed such a program; and 72
(c) Hold a certification from the ICB as a Fire and 73
Smoke Damper Technician or an equivalent certification from 74
an organization that has been accredited under the ISO/IEC 75
17024 Personnel Certification standard in HVAC Life Safety 76
Damper inspections. 77
7. After the required testing and inspection, if the 78
smoke damper, fire damper, or combination fire-and-smoke 79
damper passes the applicable inspections and tests, the 80
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person performing the inspection or test shall execute a 81
compliance certification that shall verify such compliance, 82
and provide the name of the individual or individuals 83
conducting the inspection or test and that person's 84
employer; the name of the building owner and address of the 85
property; the location of all smoke dampers, fire dampers, 86
and combination fire-and-smoke dampers; and the date of the 87
inspection or test. The building owner shall maintain a 88
copy of the compliance certification in the building and 89
make the certification available for inspection upon request 90
from an entity with the relevant political subdivision with 91
authority to make such a request. 92
8. After the required testing and inspection, in the 93
event an inspection or test reveals deficiencies in smoke 94
dampers, fire dampers, or combination fire-and-smoke 95
dampers, the individual or individuals who conducted the 96
inspection or test shall prepare a deficiency report for the 97
building owner identifying the nature of the deficiency and 98
reasons for noncompliance. The deficiency report shall 99
contain the name of the individuals conducting the 100
inspection or test and that person's employer, the name of 101
the building owner, address of the property; the location of 102
all fire dampers, smoke dampers, and combination fire-and- 103
smoke dampers; and the date of the inspection or test. The 104
building owner shall, without delay, take the necessary 105
steps to ensure the defective equipment is replaced or 106
repaired and that compliance with the applicable inspection 107
and testing requirements has been achieved. A building that 108
does not achieve compliance within thirty days shall be in 109
violation of this section. 110
9. (1) The building owner shall post a notice of 111
verification of the testing and inspection of fire dampers, 112
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smoke dampers, or combination fire-and-smoke dampers in the 113
outside lobby window of the building or other area clearly 114
visible to the public. The verification shall state the 115
address of the building and the date of the last fire damper 116
inspection, smoke damper inspection, and smoke control 117
system inspection, and the date that each inspection expires 118
in a form substantially similar to the following: 119
(2) A written record of the smoke dampers, fire 134
dampers, combination fire-and-smoke dampers, and smoke 135
control systems testing and maintenance shall be maintained 136
on the premises. The written record shall include the date 137
of the maintenance, identification of the servicing 138
personnel, and notification of any unsatisfactory condition 139
and the corrective action taken, including parts replaced. 140
120 VERIFICATION OF FIRE SAFETY BUILDING INSPECTION
121 Building address: __________________
122
123
124
125
Date of Last Inspection of
Fire Dampers, Smoke Dampers,
and Combination Fire/Smoke
Dampers:
__________________
126
127
Pass: Yes/No. Date of
expiration of inspection:
__________________
128 Name of inspector: __________________
129
130
Date of Last Inspection of
Smoke Control Systems:
__________________
131
132
Pass: Yes/No Date of
Expiration of Inspection:
__________________
133 Name of inspector: __________________
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(3) Building owners shall submit copies of all valid 141
operation certificates to the department showing they are in 142
compliance with the testing requirements of this section 143
within thirty days of obtaining the certificate. The 144
department, state fire marshal, or entity within the 145
relevant political subdivision with authority to require 146
fire life-safety dampers shall commence enforcement actions 147
pursuant to this section in any instance of noncompliance 148
and review compliance when conducting investigations of 149
buildings for other reasons. When the department or local 150
enforcing agency acting pursuant to department regulations 151
conducts the annual fire inspection of any building that is 152
subject to this section, the department or enforcing agency 153
shall inspect the building owner's smoke dampers, fire 154
dampers, combination fire-and-smoke dampers certificate of 155
operation to ensure it complies with the requirements of 156
this section, inform the division of its inspection, and 157
commence enforcement actions if the local enforcing agency 158
finds violations. A local enforcing agency that discovers a 159
building owner's noncompliance shall report this 160
noncompliance to the division. 161
10. (1) Each failure to comply with any requirement 162
of this section shall constitute a violation of this section 163
and shall be subject to the administrative civil penalties 164
authorized by sections 320.200 to 320.273 and regulations 165
thereto. A civil penalty of not more than one thousand 166
dollars may be assessed for each violation and for each day 167
the violation continues. 168
(2) Pursuant to this section, the state fire marshal 169
may deny, suspend, or revoke any license, certificate, 170
approval, or other authorization issued under sections 171
320.200 to 320.273 when a person, firm, or entity fails to 172
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comply with the state or local fire-prevention code, 173
including this section. This provision shall not deny the 174
local enforcing agencies either enforcement powers or 175
obligations. 176
(3) In accordance with this section, the state fire 177
marshal or division may seek injunctive relief in a court of 178
competent jurisdiction to restrain any continuing condition 179
that presents an imminent danger to life or property. This 180
provision shall not deny local enforcing agencies either 181
enforcement powers or obligations. 182
(4) Any administrative penalty order the state fire 183
marshal or division issues under this subsection shall state 184
the violation, the amount of the penalty, and the right to 185
request a hearing under chapter 536. 186
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