SECOND REGULAR SESSION

HOUSE BILL NO. 3135 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE PLANK.

6696H.01I JOSEPH ENGLER, Chief Clerk

AN ACT To amend chapter 160, RSMo, by adding thereto one new section relating to inspection of doors in school buildings.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 160, RSMo, is amended by adding thereto one new section, to be 2 known as section 160.674, to read as follows: 160.674. 1. As used in this section, the following terms shall mean: 2 (1) "Authority having jurisdiction", an organization, office, agency, or 3 individual responsible for enforcing the requirements under this section; 4 (2) "NFPA 101", the Life Safety Code published by the National Fire Protection 5 Association, which includes the NFPA 80 Standards for Fire Doors and Other Opening 6 Protectives; 7 (3) "Protective door assembly" or "protective door assemblies", any of the 8 following: 9 (a) Doors with panic hardware or fire exit hardware; 10 (b) Door assemblies in exit enclosures; 11 (c) Electricity controlled egress doors; and 12 (d) Door assemblies with special locking arrangements, such as delayed egress, 13 sensor release egress doors, and elevator lobby doors; 14 (4) "Qualified inspector", a person who, by possession of a recognized degree, 15 certificate, professional standing, or skill, and who, by knowledge, training, and 16 experience, has demonstrated the ability to deal with the subject matter, the work, or the 17 project;

EXPLANATION — 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. HB 3135 2

18 (5) "School board", the same as defined in section 160.011; 19 (6) "School building", a structure used for the instruction of students by a school 20 governing authority. 21 2. Each school board in this state shall: 22 (1) Cause all protective door assemblies in school buildings used by the school 23 board for instruction of students to be inspected and tested every twelve months in 24 accordance with subsection 3 of this section; and 25 (2) Verify that such protective door assemblies are in compliance with the 26 following standards: 27 (a) If the protective door assembly was installed in 2015 or after, the 2015 NFPA 28 101; or 29 (b) If the protective door assembly was installed prior to 2015, the NFPA 101 30 that was in effect on the date the protective door assembly was installed or, if the 31 protective door assembly was installed before the NFPA 101 was published and in effect, 32 the building code standards in effect at the time of installation. 33 3. (1) A school board shall cause all of the protective door assemblies in school 34 buildings used for the instruction of students to be inspected and tested every twelve 35 months by a qualified inspector to confirm proper operation and full closure. 36 (2) If a protective door assembly is not in compliance with the applicable 37 standards described in subdivision (2) of subsection 2 of this section, the school board 38 shall take all steps necessary to make the protective door assembly compliant. 39 4. After the inspection of a protective door assembly in a school building, the 40 qualified inspector shall provide a report to the school board indicating any of the 41 following: 42 (1) That the protective door assembly is in compliance with the applicable 43 standards described in subdivision (2) of subsection 2 of this section and no further 44 inspection is required respecting that protective door assembly for the next twelve 45 months; 46 (2) That the protective door assembly is not in compliance with the applicable 47 standards; or 48 (3) That the protective door assembly is not in compliance with the applicable 49 standards and there is a serious risk for fire or life safety hazard. 50 5. Each school board shall maintain records verifying annual inspections. 51 6. If one or more protective door assemblies in a school building are not in 52 compliance with the applicable standards described in subdivision (2) of subsection 2 of 53 this section, as indicated in a report under subsection 4 or 7 of this section, the school 54 board shall do both of the following: HB 3135 3

55 (1) Take all steps necessary to make each such protective door assembly 56 compliant with the applicable standards; and 57 (2) Cause another inspection of each such protective door assembly immediately 58 after completing those steps. 59 7. After each inspection of a protective door assembly in the school building 60 under subsection 6 of this section has been completed, the qualified inspector shall 61 provide a report to the school governing authority indicating any of the following: 62 (1) That the protective door assembly is in compliance with the applicable 63 standards described in subdivision (2) of subsection 2 of this section and no further 64 inspection is required respecting that protective door assembly for the next twelve 65 months; 66 (2) That the protective door assembly is not in compliance with the applicable 67 standards; or 68 (3) That the protective door assembly is not in compliance with the applicable 69 standards and there is a serious risk for fire or life safety hazard. 70 8. (1) Beginning January 1, 2028, the authority having jurisdiction shall 71 annually cause an inspection of the records retained by each school board under 72 subsection 5 of this section. If a protective door assembly in a school building is not fully 73 compliant with the applicable standards within eighteen months after a report issued 74 under subdivision (1) or (2) of subsection 4 of this section, or within one hundred eighty 75 days after a report issued under subdivision (3) of subsection 4 of this section, and the 76 school board is not actively taking steps to achieve compliance, the authority having 77 jurisdiction shall issue a citation to the school board. Each protective door assembly 78 that is not in compliance with the applicable standards, and which the respective school 79 board is not actively taking steps to achieve compliance with those standards, is a 80 separate violation and is subject to an additional citation. 81 (2) If a citation is issued under subdivision (1) of this subsection, the school 82 governing authority shall post the citation issued concerning the protective door 83 assembly on a public web site managed by the school board. The school governing 84 authority may remove the citation posted under this division once the protective door 85 assembly is made compliant with the applicable standards and an inspection confirms 86 such compliance. 87 9. No authority having jurisdiction shall do either of the following: 88 (1) Issue a citation under subsection 8 of this section to a school governing 89 authority that is actively taking steps to reach compliance with the applicable standards, 90 regardless of whether full compliance is reached for all protective door assemblies in the 91 school building; or HB 3135 4

92 (2) Assess a civil penalty or any fine associated with a citation issued under 93 subsection 8 of this section. 94 10. A qualified inspector that inspects more than one protective door assembly 95 under subsection 4 or 7 of this section in the same school building may combine the 96 results of such inspections into one report, so long as the report clearly indicates which 97 protective door assemblies are in compliance with the applicable standards and which 98 are not. 99 11. Notwithstanding any provision of this section, a temporary door-locking 100 device in compliance with the rules adopted by the state fire marshal is not in conflict 101 with this section. 102 12. The department, in coordination with the state fire marshal, may promulgate 103 all necessary rules and regulations for the administration of this section. The rules shall 104 require that protective door assemblies are inspected in accordance with this section and 105 that the protective door assemblies continue to meet the compliance standards required 106 at the time of installation. Any rule or portion of a rule, as that term is defined in 107 section 536.010, that is created under the authority delegated in this section shall 108 become effective only if it complies with and is subject to all of the provisions of chapter 109 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable 110 and if any of the powers vested with the general assembly pursuant to chapter 536 to 111 review, to delay the effective date, or to disapprove and annul a rule are subsequently 112 held unconstitutional, then the grant of rulemaking authority and any rule proposed or 113 adopted after August 28, 2026, shall be invalid and void. ✔

Statutes affected:
Introduced (6696H.01): 160.674