Section 320.405

Title XXI PUBLIC SAFETY AND MORALS

Chapter 320

Effective - 28 Aug 2026, see footnote   

  320.405.  Fire and life safety standards — definitions — division to adopt standards — applicability, when — rulemaking authority. — 1.  For purposes of this section, the following terms mean:

  (1)  "Division", the Missouri division of fire safety within the department of public safety;

  (2)  "Missouri fire and life safety standards", minimum fire-protection and life-safety requirements adopted by the division under this section, informed by nationally recognized fire and building safety principles including, but not limited to, best practices reflected in the International Fire Code (IFC), the International Building Code (IBC), and applicable National Fire Protection Association (NFPA) standards, without adopting any model code in whole;

  (3)  "State-inspected facility", any building or occupancy required under Missouri law or regulation to undergo fire-safety inspections conducted by, or under the authority of, the division.  The term state-inspected facility shall not include facilities licensed under chapter 198.

  2.  (1) No later than July 1, 2027, the division shall, by rule, adopt Missouri fire and life safety standards establishing minimum requirements for fire protection, means of egress, fire resistance, detection and alarm systems, suppression systems, emergency operations, and related safety measures for state-inspected facilities.

  (2)  The division may incorporate by reference specific technical provisions, methods, formulas, or performance criteria derived from nationally recognized fire and building safety standards, provided that no model code shall be adopted in whole.

  (3)  The division may adopt amendments, exceptions, or Missouri-specific modifications as necessary to account for regional conditions, facility types, or statutory requirements.

  (4)  The division shall review the Missouri fire and life safety standards at least every five years and may update such standards by rule under chapter 536.

  3.  Beginning January 1, 2028, the Missouri fire and life safety standards shall apply to a state-inspected facility under any of the following conditions:

  (1)  Initial construction of a state-inspected facility;

  (2)  Major renovation affecting means of egress, detection, alarm, or suppression systems;

  (3)  Transfer of ownership, including sale, conveyance, merger, or change in controlling interest; and

  (4)  Any addition, alteration, or series of related improvements to a state-inspected facility that, in aggregate, are reasonably determined by the division to constitute a substantial improvement, meaning construction, reconstruction, rehabilitation, or installation work where the total cost or scope of work equals or exceeds fifty percent of the facility's preimprovement market value.  For purposes of this subdivision, a formal appraisal shall not be required, and the division may rely on reasonable cost estimates, permit valuations, construction contracts, or the nature of the work performed including, but not limited to, the installation of new fire protection, detection, alarm, or suppression systems.

  4.  Except as provided in subsection 3 of this section, state-inspected facilities existing prior to August 28, 2026, shall be considered lawfully nonconforming and shall not be required to comply with the Missouri fire and life safety standards.

  5.  (1)  Nothing in this section shall prohibit any city, county, or fire protection district from adopting requirements more stringent than the Missouri fire and life safety standards.

  (2)  No political subdivision shall apply standards less stringent than the Missouri fire and life safety standards to any facility regulated under this section.

  (3)  Nothing in this section shall be construed as creating a statewide building or fire code applicable to any occupancy not already subject to inspection by the division.

  6.  (1)  Compliance with the Missouri fire and life safety standards shall be verified through inspections conducted by the division or an authorized local jurisdiction.

  (2)  A state-inspected facility shall not be licensed, certified, or approved for operation unless the division determines that the facility meets the applicable requirements of this section.

  (3)  The division may issue correction orders, reinspections, or occupancy limitations as authorized by law.

  7.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.

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(L. 2026 S.B. 1421)

Severability clause, see § 1.1010