210.252. Fire, safety, health and sanitation inspections, procedure--variances to rules granted when--rules authorized.

MISSOURI STATUTES AND CODES

210.252. Fire, safety, health and sanitation inspections, procedure--variances to rules granted when--rules authorized.

Fire, safety, health and sanitation inspections, procedure--variancesto rules granted when--rules authorized.

210.252. 1. All buildings and premises used by a child-care facility tocare for more than four children except those exempted from the licensingprovisions of the department of health and senior services pursuant tosubdivisions (1), (2), (3), (4) and (6) of section 210.211, shall be inspectedannually for fire and safety by the state fire marshal, the marshal's designeeor officials of a local fire district and for health and sanitation by thedepartment of health and senior services or officials of the local healthdepartment. Evidence of compliance with the inspections required by thissection shall be kept on file and available to parents of children enrollingin the child-care facility.

2. Local inspection of child-care facilities may be accomplished if thestandards employed by local personnel are substantially equivalent to statestandards and local personnel are available for enforcement of such standards.

3. Any child-care facility may request a variance from a rule orregulation promulgated pursuant to this section. The request for a varianceshall be made in writing to the department of health and senior services andshall include the reasons the facility is requesting the variance. Thedepartment shall approve any variance request that does not endanger thehealth or safety of the children served by the facility. The burden of proofat any appeal of a disapproval of a variance application shall be with thedepartment of health and senior services. Local inspectors may grant avariance, subject to approval by the department.

4. The department of health and senior services shall administer theprovisions of sections 210.252 to 210.256, with the cooperation of the statefire marshal, local fire departments and local health agencies.

5. The department of health and senior services shall promulgate rulesand regulations to implement and administer the provisions of sections 210.252to 210.256. Such rules and regulations shall provide for the protection ofchildren in all child-care facilities whether or not such facility is subjectto the licensing provisions of sections 210.201 to 210.245.

6. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections210.252 to 210.256 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. All rulemaking authority delegated prior to August 28,1999, is of no force and effect and repealed. Nothing in this section shallbe interpreted to repeal or affect the validity of any rule filed or adoptedprior to August 28, 1999, if it fully complied with all applicable provisionsof law. This section and chapter 536, RSMo, are nonseverable and if any ofthe powers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authority andany rule proposed or adopted after August 28, 1999, shall be invalid and void.