Title XLI, CODES AND STANDARDS

701.010. Definitions. — As used in sections 701.010 to 701.020, unless the context clearly requires otherwise, the following terms mean: (1) "Hazardous locations", those structural elements, glazed or to be glazed: (a) In residential, industrial, commercial and public buildings, …

701.015. Glazing material to be labeled — sale of nonconforming material prohibited. — 1. Each light of safety glazing material installed in a hazardous location within the state shall have attached a transparent label which shall identify the labeler, whether the manufacturer or…

701.020. Penalty for noncompliance. — Any person who violates any provision of sections 701.010 to 701.020 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than fifty dollars; except that no liability under sections 701.010 to 701.020 is cr…

701.025. Definitions. — As used in sections 701.025 to 701.059, unless the context otherwise requires, the following terms mean: (1) "Department", the department of health and senior services of the state of Missouri; (2) "Director", the director of the department of health and s…

701.027. Scope of coverage. — Sections 701.025 to 701.059 pertains to maximum daily flows of sewage of three thousand gallons or less and to sewage treatment facilities that have a designed maximum daily flow or an actual maximum daily flow of three thousand gallons or less. ­­--…

701.029. Operation of on-site sewage disposal system, restrictions. — No person or property owner may operate an on-site sewage disposal system or transport and dispose of waste removed therefrom in such a manner that may result in the contamination of surface waters or groundwat…

701.033. Department of health and senior services — powers and duties — rules, procedure. — 1. The department shall have the power and duty to: (1) Promulgate such rules and regulations as are necessary to carry out the provisions of sections 701.025 to 701.059; (2) Cause investi…

701.035. Local regulations and standards, requirements — private right to action not preempted. — Sections 701.025 to 701.059 shall not prohibit the enforcement of ordinances of political subdivisions establishing a system for the regulation and inspection of on-site sewage dispo…

701.037. Violations, notice of, contents, prosecuting attorney to institute proceedings, when — emergency situation, when. — 1. Whenever the director determines that there are reasonable grounds to believe that there has been violation of any provision of sections 701.025 to 701.…

701.038. Sewage complaints, investigation by department, when — right to inspect adjoining property, procedure requiring notice, exception. — 1. The department of health and senior services or any of its agents may not investigate a sewage complaint except when necessary as part …

701.039. Clean water commission may take action, rules not to conflict. — Nothing in sections 701.025 to 701.059 shall be construed as prohibiting the clean water commission from taking appropriate action under chapter 644 on violations of that chapter or regulations promulgated …

701.040. Standards for sewage tanks, lateral lines and operation of on-site sewage disposal systems, duties of department — rules authorized. — 1. The department of health and senior services shall: (1) Develop by September 1, 1995, a state standard for the location, size of sewa…

701.043. State standards, content. — 1. The state standard shall consist of the following: (1) Site selection requirements; (2) Minimum design standards and specifications for construction, installation, and size of sewage tanks and length of lateral lines; (3) Permit requirement…

701.046. Modification or major repair to on-site sewage disposal system, requirements — form — fee, how set — additional fee may be set for training contractors performing percolation tests. — Except as otherwise provided in section 701.031, no person may, on or after September 1…

701.047. City or county may adopt more restrictive standards. — Nothing in sections 701.025 to 701.059 shall be construed so as to prohibit any city or county from adopting minimum standards which are more restrictive than the standards adopted by the state pursuant to sections 7…

701.048. Modifying or repair of on-site sewage disposal system, noncompliance with standards prohibited. — Except as otherwise provided in section 701.031, no person may construct, modify or repair an on-site sewage disposal system in a manner which does not comply with the state…

701.049. Fees collected by department to be deposited in public health service fund, purpose. — 1. All moneys collected by the department pursuant to sections 701.025 to 701.059, except any administrative penalties, shall be deposited in the state treasury to be credited to the M…

701.050. Construction or repair notice — requirements and inspection — failure to comply with standards, effect. — No person required to provide notice and apply to the city, county or department under section 701.046 may complete the construction, major modification or major rep…

701.051. Inspections by department, who may request — fee — department may license contractors to inspect. — The department of health and senior services may charge a fee of up to fifty dollars for an inspection of an on-site sewage disposal system conducted pursuant to a request…

701.052. Violator found guilty not to begin construction for another person without bond or letter of credit — forfeiture when, effect — emergency repairs of — effect. — 1. A person who has, within the preceding twenty-four months, been found guilty or pleaded guilty to a violati…

701.053. Registered on-site disposal system contractor, form, qualifications — registration issued by county to be deemed state registration. — 1. A person may not represent himself as a registered on-site sewage disposal system contractor in this state unless the person is regis…

701.054. Registration of contractor may be denied, suspended or revoked, procedure, appeal — reregistration application may be made when — official roster of contractors published by department, content. — 1. A contractor's registration may be denied, suspended or revoked by the …

701.055. Property owners may install, modify or clean their own on-site sewage disposal system in compliance with requirements, no permit required for cleaning. — 1. Nothing in sections 701.053 to 701.055 shall preclude property owners from installing, modifying or repairing thei…

701.057. Violations, penalties and fines. — 1. Any violation of section 701.052, 701.053, 701.054 or 701.055 is a class A misdemeanor. 2. Any violation of section 701.046, 701.047, 701.048 or 701.050 is a class C misdemeanor. 3. Any violation of section 701.029 or 701.031 is an i…

701.059. Creation of a nuisance on certain residential property is an infraction — sewage disposal system in violation, statute of limitations starts to run, when. — 1. Any person or property owner who creates a nuisance or imminent health hazard as defined in section 701.025 on …

701.300. Definitions. — As used in sections 701.300 to 701.338, the following terms mean: (1) "Abatement", (a) Any measure regulated solely by the Missouri department of health and senior services designed to permanently eliminate lead hazards, which shall include: a. The removal…

701.301. Rules. — The department shall promulgate rules necessary to implement and administer the provisions of sections 701.300 to 701.338, including requirements, procedures and standards relating to lead-bearing substance activities. The rules established by the department sha…

701.304. Inspections and risk assessments, purpose, conditions — warrant — samples — fees for licenses and accreditation. — 1. A representative of the department, or a representative of a unit of local government or health department licensed by the department for this purpose, m…

701.305. Educational information to be provided on department website. — The department of health and senior services shall provide on its internet website educational information that explains the rights and responsibilities of the property owner and tenants of a dwelling and th…

701.306. Notification of risk to health of children. — If the department, or a representative of a unit of local government or health department licensed by the department for this purpose, determines that there is a lead hazard at a dwelling or child-occupied facility which pose…

701.308. Abatement of hazard by owner — no eviction, effect — failure to abate, violation, order of compliance — relocation — report of violation. — 1. Upon receipt of written notification as described in section 701.306, of the presence of a lead hazard, the owner shall comply w…

701.309. Contractor to notify department, when — notification fee, due when. — 1. At least ten days prior to the onset of a lead abatement project, the lead abatement contractor conducting such an abatement project shall: (1) Submit to the department a written notification as pre…

701.310. Manner of abatement — owner may perform abatement, when. — 1. Any abatement of the lead hazard from the dwelling or child-occupied facility shall be performed in a manner so as not to endanger the health of its occupants or persons performing the abatement. 2. To the ext…

701.311. Compliance inspections — warrant — notice of violation — hearing — enforcement manual to be posted on website, contents. — 1. Any authorized representative of the department who presents appropriate credentials may, at all reasonable times, enter public or private proper…

701.312. Program to train and license lead inspectors and others — rules — liability insurance required. — 1. The director of the department of health and senior services shall develop a program to license lead inspectors, risk assessors, lead abatement supervisors, lead abatemen…

701.313. Lead abatement grant projects, notification to department required — violation, penalty. — 1. Any local community organization, government agency, or quasi-government agency issuing grants or loans for lead abatement projects must provide written notification to the depa…

701.314. Program to train and license lead inspectors, supervisors, and workers — rules. — The director of the department of health and senior services shall develop a program to accredit training providers to train lead inspectors, risk assessors, lead abatement supervisors, lea…

701.316. May not inspect or abate without license — lists — revocation or suspension of license, hearing — cease-work order. — 1. Except as otherwise authorized by subsection 2 of section 701.310, no person shall engage in or conduct lead-bearing substance activities without havi…

701.317. Additional remedies — rulemaking authority — administrative penalties, requirements — deposit of penalty moneys in lead abatement loan fund. — 1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 701.300 to…

701.318. Laboratory analysis of lead-bearing substances — reports. — 1. The department shall develop regulations for laboratory analysis of lead-bearing substances. Such regulations shall include, but not be limited to, provisions establishing a mandatory quality assurance and qu…

701.320. Violations, penalty. — 1. Except as otherwise provided, violation of the provisions of sections 701.308, 701.309, 701.310, 701.311 and 701.316 is a class A misdemeanor. 2. Any lead inspector, risk assessor, lead abatement supervisor, lead abatement worker, project design…

701.322. Laboratory services for disease, lead content — fee. — Upon request of a physician, health care facility or third-party insurer, the department may provide laboratory services for tests related to contagious or infectious diseases. The department may conduct laboratory t…

701.324. Right to maintain suit not affected — local standards may be enforced. — Nothing in sections 701.300 to 701.324 shall be interpreted or applied in any manner to defeat or impair the right of any person, entity, municipality or other political subdivision to maintain an a…

701.326. Lead poisoning information reporting system — level of poisoning to be reported — health care professional and department director to provide information. — 1. The department of health and senior services shall establish and maintain a lead poisoning information reportin…

701.328. Identity of persons participating to be protected — consent for release form, when requested — use and publishing of reports. — 1. The department of health and senior services shall protect the identity of the patient and physician involved in the reporting required by s…

701.330. No liability for providing information — exception — penalty. — 1. No individual or organization providing information to the department in accordance with sections 701.318 to 701.330 shall be deemed to be, or be held, liable, either civilly or criminally, for divulging …

701.334. Promotion of minority persons. — The department shall promote and encourage minorities and females and minority- and female-owned entities to apply for licensure pursuant to section 701.312 as licensed lead inspectors, risk assessors, project designers, and lead abatemen…

701.336. Department to cooperate with federal government — information to be provided to certain persons — lead testing of children, strategy to increase number. — 1. The department of health and senior services shall cooperate with the federal government in implementing subsecti…

701.337. Department to establish lead abatement loan or grant program — Missouri lead abatement loan fund created. — 1. The department shall have the authority to develop a plan for implementing a program that provides financial assistance via loans or grants to owners of dwellin…

701.338. Rules — promulgation — procedure. — No rule or portion of a rule promulgated under the authority of sections 701.300 to 701.338 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024. ­­-------- (L. 1993 S.B. 232 § 20, A.L. 19…