Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB881 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - SB881 SFLR Page 1
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29		-	SENATE FLOOR VERSION
30		-	February 25, 2021
	28	+	STATE OF OKLAHOMA
31	29
	30	+	1st Session of the 58th Legislature (2021)
32	31
33	32		COMMITTEE SUBSTITUTE
34	33		FOR
35		-	SENATE BILL ~~NO.~~ 881 By: Jett
	34	+	SENATE BILL 881 By: Jett
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41		-	[ State Fire Marshal - expanding jurisdiction - peace
42		-	officer - violate State Fire Marshal orders -
	40	+	COMMITTEE SUBSTITUTE
	41	+
	42	+	An Act relating to State Fire Marshal; amending 74
	43	+	O.S. 2011, Section 317, which relates to examination
	44	+	of buildings and premises; expanding jurisdiction;
	45	+	updating statutory language; increasing fine;
	46	+	providing for multiple violations; amending 74 O.S.
	47	+	2011, Section 324.9, which relates to investigations;
	48	+	deleting requirement for State Fire Marshal to be a
	49	+	peace officer; amending 74 O.S. 2011, Sectio n 324.11,
	50	+	which relates to building permits; modifying
	51	+	description; modifying certain construction; updating
	52	+	language; amending 74 O.S. 2011, Section 324.19 ,
	53	+	which relates to violations; expanding list of who
	54	+	can violate State Fire Marshal orders; updating
	55	+	statutory reference; permitting State Fire Marshal to
	56	+	determine amount of fines; allowing for a hearing by
	57	+	those fined for violation; requiring an
43	58		administrative hearing officer to hear and propose
44		-	findings - hearing and appeal systems - State Fire
45		-	Marshal Revolving Fund - effective date ]
	59	+	findings to State Fire Marshal Commission for
	60	+	consideration; setting time of consideration ;
	61	+	requiring Commission t o issue final order; allowing
	62	+	for process to supersede current hearing and appeal
	63	+	systems; providing for party to appeal to the
	64	+	district court of the county; providing that certain
	65	+	process supersedes current hearing and appeal
	66	+	systems; directing fines to be deposited into the
	67	+	State Fire Marshal Revolving Fund; amending 74 O.S.
	68	+	2011, Section 324.20b, as amended by S ection 848,
	69	+	Chapter 304, O.S.L. 2012 (74 O.S . Supp. 2020, Section
	70	+	324.20b), which relates to the State Fire Marshal
	71	+	Revolving Fund; removing cap amount of fund; and
	72	+	providing an effective date.
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49		-
50		-
51		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
52		-	SECTION 1. AMENDATORY 74 O.S. 2011, Section 317, is
53		-	amended to read as follows:
54		-	Section 317. The State Fire Marshal, any ass istants to the
55		-	State Fire Marshal, the chief of the fire departmen t of all the
56		-	cities and towns whe re a fire department is establ ished, the mayor
57		-	of the cities and towns where no fire departme nt exists, the chief
58		-	of a fire protection district created pursu ant to Sections 901.1 et
59		-	seq. of Title 19 of the Oklahoma Statutes and the sheriff of all
60		-	counties, upon the complaint of any per son having an intere st in any
61		-	building or property adjacent, an d without any complaint, shall have
62		-	the right at all reasonable hours for the purpose of an examination
63		-	to enter into and upon all buildings and premises within th eir
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65		-	SENATE FLOOR VERSION - SB881 SFLR Page 2
66		-	(Bold face denotes Committee Amendments) 1
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	101	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
	102	+	SECTION 1. AMENDATORY 74 O.S. 2011, Section 317, is
	103	+	amended to read as follows:
	104	+	Section 317. The State Fire Marshal, any ass istants to the
	105	+	State Fire Marshal, the chief of the fire departmen t of all the
	106	+	cities and towns whe re a fire department is establ ished, the mayor
	107	+	of the cities and towns where no fire departme nt exists, the chief
	108	+	of a fire protection district created pursu ant to Sections 901.1 et
	109	+	seq. of Title 19 of the Oklahoma Statutes and the sheriff of all
	110	+	counties, upon the complaint of any per son having an intere st in any
	111	+	building or property adjacent, an d without any complaint, shal l have
	112	+	the right at all reasonable hours for the purpose of an examination
	113	+	to enter into and upon all buildings and premises within th eir
91	114		jurisdiction. The State F ire Marshal shall, a t least once each
92	115		year, make a fire inspect ion of all correctional facil ities under
93	116		the jurisdiction and co ntrol of any state agency, county, city or,
94	117		town, or public trust. The correctional facilities sha ll include,
95	118		but not be limited to, institutions within the Department of
96	119		Corrections as defined by Section 502 of Title 57 of the Oklahoma
97	120		Statutes, juvenile institutions unde r the jurisdiction and control
98	121		of the Department Office of Institutions, Social a nd Rehabilitative
99	122		Services Juvenile Affairs, as listed in Section 2-7-606 of Title 10A
100	123		of the Oklahoma Statutes, and jails. The State Fire Marshal shall
101	124		issue a report containing findings of the ins pection as to each
102		-	facility under the jurisdiction and co ntrol of a state agency, to
103		-	the director of the ag ency. As to any other correctional facility,
104		-	the State Fire Marshal shall issue the report to the person
105		-	immediately responsible for the administrat ion of the facility
106		-	inspected. Whenever any of the offic ers shall find any building or
107		-	other structure which for the want of proper repair, or by reason of
108		-	age and dilapidated condition, or for any cause is especially li able
109		-	to fire, and which is so situa ted as to endanger other buildings or
110		-	property, or so occupied that a fire would endanger persons and
111		-	property therein, the officers shall order the building or buildings
112		-	to be repaired, torn down, demolished, materials r emoved and all
113		-	dangerous conditions remedied. Whenever the officers determine that
114		-	a threat to life is imminent, the officers are permitted t o order
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116		-	SENATE FLOOR VERSION - SB881 SFLR Page 3
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	151	+	facility under the jurisdiction and co ntrol of a state agency, to
	152	+	the director of the ag ency. As to any other correctional facility,
	153	+	the State Fire Marshal shall iss ue the report to the person
	154	+	immediately responsible for the administrat ion of the facility
	155	+	inspected. Whenever any of the offic ers shall find any building or
	156	+	other structure which for the want of proper repair, or by reason of
	157	+	age and dilapidated conditio n, or for any cause is especially li able
	158	+	to fire, and which is so situa ted as to endanger other buildings or
	159	+	property, or so occupied that a fire would endanger persons and
	160	+	property therein, the officers shall order the building or buildings
	161	+	to be repaired, torn down, demolished, materials r emoved and all
	162	+	dangerous conditions remedied. Whenever the officers determine that
	163	+	a threat to life is imminent, the officers are permitted t o order
142	164		the evacuation of the occupants of the bui lding or buildings. If
143	165		the officer finds in a building or upon any premises any combustible
144	166		or explosive material, rubbish, rags, waste, oils, gasoline or
145	167		inflammable conditions of any kind, dangerous to t he safety of
146	168		buildings or property, the officer sh all order the materials remo ved
147	169		or conditions remedied. The ord er shall be made against the owner,
148	170		lessee, agent or occupant of the buildings or premises a nd,
149	171		thereupon, the order shall be complied with by the owner, lessee,
150	172		agent or occupant, and within the time fixed in the order. If the
151	173		owner, lessee, agent or occ upant deems itself aggrieved by an order
152	174		of any of the officers, and desires a hearing, that person may
153		-	complain or appeal in writing to the S tate Fire Marshal within ten
154		-	(10) days from the se rvice of the order, and the State Fire Marshal
155		-	shall at once investigate the complaint, and shall f ix a time in the
156		-	county where the property is located, wh en and where the complaint
157		-	will be heard by the St ate Fire Marshal. The State Fire Marshal may
158		-	affirm, modify, revoke or vacate the order at the hearing, and
159		-	unless the order is revoked or vacated b y the State Fire Marshal, it
160		-	shall remain in force and be complied with by the owner, lessee,
161		-	agent or occupant within the time fixed in the order, or within the
162		-	time as may be fixed by the State Fire Marshal at the heari ng. If a
163		-	person is aggrieved by th e final order of the State Fire Marshal as
164		-	made at the hearing, that person may, within ten (10) days
165		-	thereafter, appeal to the district court of the county in which the
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167		-	SENATE FLOOR VERSION - SB881 SFLR Page 4
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	201	+	complain or appeal in writing to the S tate Fire Marshal within ten
	202	+	(10) days from the se rvice of the order, and the State Fire Marshal
	203	+	shall at once investigate the complaint, and shall f ix a time in the
	204	+	county where the property is located, wh en and where the complaint
	205	+	will be heard by the St ate Fire Marshal. The State Fire Marshal may
	206	+	affirm, modify, revoke or vacate the order at the hearing, and
	207	+	unless the order is revoked or vacated b y the State Fire Marshal, it
	208	+	shall remain in force and be complied with by the owner, lessee,
	209	+	agent or occupant within the time fixed in the order, or within the
	210	+	time as may be fixed by the State Fire Marshal at the heari ng. If a
	211	+	person is aggrieved by th e final order of the State Fire Marshal as
	212	+	made at the hearing, that person may, within ten (10) days
	213	+	thereafter, appeal to the district court of the county in which the
193	214		property is situated, notifying the State Fire Mars hal in writing of
194	215		the appeal within three (3) days thereafter, which notice shall be
195	216		delivered personally to the State Fire Marshal or by regi stered mail
196	217		to the office of the State Fire Marsha l at Oklahoma City, Oklahoma .
197	218		The party appealing shall, within three (3) days thereafter, file
198	219		with the clerk of the district court in which the appeal is made, a
199	220		bond in an amount to be fixed by the cour t but in no case less than
200	221		One Hundred Dollars ($1 00.00), with at least suffic ient sureties to
201	222		be approved by the court, conditioned to pay all costs on the appeal
202	223		in case the appellant failed to sustain th e same or the appeal be
203	224		dismissed for any cause. The district court shall hear and
204		-	determine the appeal de novo, in the same manner as other issues of
205		-	law and fact are heard and tried in the courts, and the State Fire
206		-	Marshal shall be plaintiff in the act ion. The district court shall
207		-	hear and determine the appeal at the next regular term of district
208		-	court in the county where the order was issued, and may sustain,
209		-	modify or annul the order of the Sta te Fire Marshal, and the
210		-	decision of the district court s hall be final. The State Fire
211		-	Marshal shall execute the final order of the district court, and if
212		-	the order is adverse to the appellant, the State Fire Marshal is
213		-	empowered to cause the building or premises to be repaired, torn
214		-	down, demolished, materials removed and all dangerous conditions
215		-	remedied, as the case may be, at the expense of the appellant. If
216		-	the appellant fails, refuses or neglects to comply with the order,
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218		-	SENATE FLOOR VERSION - SB881 SFLR Page 5
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	251	+	determine the appeal de novo, in the same ma nner as other issues of
	252	+	law and fact are heard and tried in the courts, and the State Fire
	253	+	Marshal shall be plaintiff in the act ion. The district court shall
	254	+	hear and determine the appeal at the next regular term of district
	255	+	court in the county where the order was issued, and may sustain,
	256	+	modify or annul the order of the Sta te Fire Marshal, and the
	257	+	decision of the district court s hall be final. The State Fire
	258	+	Marshal shall execute the final order of the district court, and if
	259	+	the order is adverse to the a ppellant, the State Fire Marshal is
	260	+	empowered to cause the building or premises to be repaired, torn
	261	+	down, demolished, materials removed and all dangerous conditions
	262	+	remedied, as the case may be, at the expense of the appellant. If
	263	+	the appellant fails, re fuses or neglects to comply with the order,
244	264		or pay the expense incurred by the State Fire Marshal in executing
245	265		the same within thirty (30) days thereafter, the expense shall be
246	266		certified by the State Fire Marshal to the county a ssessor of the
247	267		county in which the property is situated and the county assessor
248	268		shall enter the expense on the tax list of the county as a special
249	269		charge against the real estate on which the building is or was
250	270		situated, and the same shall be collected as o ther taxes and, when
251	271		collected, shall be paid to the county trea surer and credited to the
252	272		general fund of the county in which the property is located. Any
253	273		person being the owner, occupant, lessee or agent of buildings or
254	274		premises, who willfully fails, neg lects or refuses to comply w ith
255		-	any order of any officer named i n this section shall be guilty of a
256		-	misdemeanor and shall be fined not more than Fifty Dollars ($50.00)
257		-	One Thousand Dollars ($1,000.00) nor less than Ten Dollars ($10.00)
258		-	for each day’s neglect One Hundred Dollars ($100.00) per day of
259		-	violation. Each day during which such vio lation occurs or continues
260		-	shall constitute a separate offense.
261		-	SECTION 2. AMENDATORY 74 O.S. 2011, Section 324.9, is
262		-	amended to read as follows :
263		-	Section 324.9. A. The State Fire Marshal or deputies of the
264		-	State Fire Marshal may make investigations to determine the origin
265		-	and cause of fires, explosions, or suspected arson, and violations
266		-	of other related laws and codes. The State Fire Marshal a nd the
267		-	agents Agents of the State Fire Marshal shall be peace officers and
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269		-	SENATE FLOOR VERSION - SB881 SFLR Page 6
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	301	+	any order of any officer named i n this section shall be guilty of a
	302	+	misdemeanor and shall be fined not more than Fifty Dollars ($50.00)
	303	+	One Thousand Dollars ($1,000.00) nor less than Ten Dollars ($10.00)
	304	+	for each day’s neglect One Hundred Dollars ($100.00) per day of
	305	+	violation. Each day during which such vio lation occurs or continues
	306	+	shall constitute a separate offense.
	307	+	SECTION 2. AMENDATORY 74 O.S. 2011, Section 324.9, is
	308	+	amended to read as follows:
	309	+	Section 324.9. A. The State Fire Marshal or deputies of the
	310	+	State Fire Marshal may make investigations to determine the origin
	311	+	and cause of fires, explosions, or suspected arson, and violations
	312	+	of other related laws and codes. The State Fire Marshal and the
	313	+	agents Agents of the State Fire Marshal shall be peace officers and
295	314		have and exercise all the powers and authority o f other peace
296	315		officers, with responsibility for the enforcement of statutes
297	316		relating to the State Fire Marshal. This shall include the
298	317		authority to enforce, issue citations for violations of state and
299	318		city-adopted codes, and make arrests for felony offenses relevant to
300	319		the duties of the State Fire Marshal. All reports and all results
301	320		of investigations relevant to the State Fire Marshal statu tes shall
302	321		be available and shall be freely interchanged between the Office of
303	322		the State Fire Marshal and the Oklahom a State Bureau of
304	323		Investigation.
305		-	B. The State Fire Marshal Commission may establish fees, fines,
306		-	and administrative penalties for in spections, plan reviews, and
307		-	permits as provided in the adopted codes of the Commission, as long
308		-	as the fees, fines, and ad ministrative penaltie s do not conflict
309		-	with any applicable state law. All fees, fines, and administrative
310		-	penalties shall be adopted in accordance with the Administrative
311		-	Procedures Act.
312		-	SECTION 3. AMENDATORY 74 O.S. 2011, Sectio n 324.11, is
313		-	amended to read as follows:
314		-	Section 324.11. A. No person, firm, corp oration, partnership,
315		-	organization, city, town, sc hool district, county or other
316		-	subdivision of government shall commence the construction or major
317		-	alteration of any buildings or structures to be used as schools,
318		-	hospitals, churches, asylums, theaters, mee ting halls, hotels,
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	350	+	B. The State Fire Marshal Commission may establish fees, fines,
	351	+	and administrative penalties for inspectio ns, plan reviews, and
	352	+	permits as provided in the adopted codes of the Commission, as long
	353	+	as the fees, fines, and ad ministrative penaltie s do not conflict
	354	+	with any applicable state law. All fees, fines, and administrative
	355	+	penalties shall be adopted in acc ordance with the Administrative
	356	+	Procedures Act.
	357	+	SECTION 3. AMENDATORY 74 O.S. 2011, Sectio n 324.11, is
	358	+	amended to read as follows:
	359	+	Section 324.11. A. No person, firm, corp oration, partnership,
	360	+	organization, city, town, sch ool district, county or other
	361	+	subdivision of government shall commence the construction or major
	362	+	alteration of any buildings or structures to be used as schools,
	363	+	hospitals, churches, asylums, theaters, mee ting halls, hotels,
346	364		motels, apartment houses, roomi ng houses, rest homes, nursing homes,
347	365		day nurseries, convalescent homes, orphanages, auditoriums, assis ted
348	366		living facilities, dormitories, factories, stadiums, or warehouses,
349	367		classified in the state-adopted building codes as Assembly (Groups
350	368		A1 through A5), Business (Group B), Educational (Group E), Factory
351	369		(Groups F1 and F2), High Hazard (Group s H1 through H5),
352	370		Institutional (Groups I1 through I4), Mercantile (Group M),
353	371		Residential (Groups R1 through R4), or Storage (Groups S1 and G2)
354	372		including all defined occupancies within these groups, or install
355	373		original equipment for the operation or maintenance thereof without
356		-	obtaining a permit. Said The permit, for which a charge may be made
357		-	in conformity with the local ordinance, except as limited herein as
358		-	to governmental agencies, shall be obtained from the city, town or
359		-	county in whose jurisdiction the constructi on or alteration is
360		-	planned.
361		-	B. All such construction or alteration so planned shall conform
362		-	to the applicable provisions of the building code, as las t adopted
363		-	by the Oklahoma Uniform Building Code Commission.
364		-	C. Application for such building permit shal l be made to, and
365		-	such building permit shall be issued by, any city, town or county in
366		-	whose jurisdiction the construction or alteration is planned. T he
367		-	city, town or county may require the submission of plans and
368		-	specifications covering the proposed cons truction or alteration and
369		-	may refuse to issue such permit unless the work so planned is in
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371		-	SENATE FLOOR VERSION - SB881 SFLR Page 8
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	400	+	obtaining a permit. Said The permit, for which a charge may be made
	401	+	in conformity with the local ordinance, except as limited herein as
	402	+	to governmental agencies, shall be obtained from the city, town or
	403	+	county in whose jurisdiction the constructi on or alteration is
	404	+	planned.
	405	+	B. All such construction or alteration so planned shall conform
	406	+	to the applicable provisions of the building code, as last adopted
	407	+	by the Oklahoma Uniform Building Code Commission.
	408	+	C. Application for such building permit shal l be made to, and
	409	+	such building permit shall be issued by, any city, town or county in
	410	+	whose jurisdiction the construction or alteration is planned. The
	411	+	city, town or county may require the submission of plans and
	412	+	specifications covering the proposed cons truction or alteration and
	413	+	may refuse to issue such permit unless the work so planned is in
397	414		accordance with the applicable provisions of the city, town or
398	415		county’s building code. In all geographical areas wherein no such
399	416		permit is required by local author ities such permit must be obtained
400	417		from the State Fire Marshal, who may require the submission of pla ns
401	418		and specifications covering the proposed construction or alteration,
402	419		and shall refuse to issue such permit unles s the work so planned is
403	420		in accordance with the applicable provisions of the building code,
404	421		as last adopted by the Oklahoma Uniform Building Code Commission;
405	422		provided, that the foregoing provisions of this sentence shall not
406	423		apply to locations in any geogr aphical area that are owned or
407		-	operated by a state beneficiary public trust or have been purchased
408		-	or leased from a state beneficiary public trust.
409		-	D. Nothing in this act Section 324.1 et seq. of this title
410		-	shall be construed as repealing any ordinance of any city , or town
411		-	or any order of any county requiring the submission to the local
412		-	authorities of plans and specifications and the obt aining of
413		-	permits, but the power or authority of any such city, town or county
414		-	to levy or assess any charge for such permit or to make and enforce
415		-	requirements prerequisite to t he issuance of such permit, othe r than
416		-	requiring compliance with such building code, shall, as to
417		-	governmental agencies, be limited as hereinafter set forth.
418		-	E. No city, town or county requested to issue any such permit
419		-	to any city, town, school district, county or other subdivision of
420		-	government shall charge, assess or collect any fee or other charge
421	424
422		-	SENATE FLOOR VERSION - SB881 SFLR Page 9
423		-	(Bold face denotes Committee Amendments) 1
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	450	+	operated by a state beneficiary public trust or have been purchased
	451	+	or leased from a state beneficiary public trust.
	452	+	D. Nothing in this act Section 324.1 et seq. of this title
	453	+	shall be construed as repealing any ordinance of any city , or town
	454	+	or any order of any county requiring the submission to the local
	455	+	authorities of plans and specifications and the obt aining of
	456	+	permits, but the power or authority of any such city, town or county
	457	+	to levy or assess any charge for such permit or to make and enforce
	458	+	requirements prerequisite to t he issuance of such permit, othe r than
	459	+	requiring compliance with such building code, shall, as to
	460	+	governmental agencies, be limited as hereinafter set forth.
	461	+	E. No city, town or county requested to issue any such permit
	462	+	to any city, town, school district, county or other subdivision of
	463	+	government shall charge, assess or collect any fee or other charge
448	464		for such permit except the regular and customary inspection fees
449	465		fixed by ordinance for inspection of the work to be done under such
450	466		permit, and no other cha rge, fee or other conditions of any kind
451	467		under the authority of this title shal l be made a condition of or
452	468		prerequisite to the obtaining of such permit by any such
453	469		governmental agency.
454	470		F. No bids may be let for the construction or major alteration
455	471		of any correctional facility as defined by Section 317 of this title
456	472		until plans and specifications for such construction or alteration
457	473		have been submitted to the State Fire Marshal for approval. The
458		-	State Fire Marshal shall approve said the plans and specificatio ns
459		-	if the work so planned conf orms with the applicable provisions of
460		-	the building code, as last adopted by the Ok lahoma Uniform Building
461		-	Code Commission.
462		-	G. 1. Notwithstanding anything to the contrary in the fire
463		-	code and/or building code, as last adopte d by the Oklahoma Uniform
464		-	Building Code Commission, all facilities to be lice nsed as assisted
465		-	living facilities, or additions to existing assisted living
466		-	facilities, constructed after November 1, 2008, shall be constructed
467		-	with the guidelines of the I -II building occupancies if at any time
468		-	in their operation they house residents wh o are not capable of
469		-	responding to emergency situations without physical assistance from
470		-	staff of the facility or are not capable of self preservation.
471	474
472		-	SENATE FLOOR VERSION - SB881 SFLR Page 10
473		-	(Bold face denotes Committee Amendments) 1
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	500	+	State Fire Marshal shall approve said the plans and specificatio ns
	501	+	if the work so planned conf orms with the applicable provisions of
	502	+	the building code, as last adopted by the Ok lahoma Uniform Building
	503	+	Code Commission.
	504	+	G. 1. Notwithstanding anything to the contrary in the fire
	505	+	code and/or building code, as last adopte d by the Oklahoma Uniform
	506	+	Building Code Commission, all facilities to be lice nsed as assisted
	507	+	living facilities, or additions to existing assisted living
	508	+	facilities, constructed after November 1, 2008, shall be constructed
	509	+	with the guidelines of the I -II building occupancies if at any time
	510	+	in their operation they house residents wh o are not capable of
	511	+	responding to emergency situations without physical assistance from
	512	+	staff of the facility or are not capable of self preservation.
498	513		2. Assisted living facilit ies licensed prior to July 1, 2008,
499	514		may house residents who are not capable o f responding to emergency
500	515		situations without physical assistance from the staff or are not
501	516		capable of self preservation under the following conditions: As
502	517		part of the annual lice nsure renewal process, the fac ility shall
503	518		disclose if any residents who resid e in the facility are not capable
504	519		of responding to emergency situations without physical assistance
505	520		from staff or are not capable of self preservation, and the facility
506	521		shall be required to install fire sprink ler protection and an alarm
507	522		system within the facility in accordance with the build ing
508	523		guidelines set forth in the building code for I -II facilities.
509		-	3. Assisted living facilities licensed to house six or fewer
510		-	residents prior to July 1, 2008, shall be pe rmitted to install 13D
511		-	or 13R fire sprinkler pr otection in lieu of meeting I-II sprinkler
512		-	requirements, with approval of the municipal fire marshal or
513		-	compliance with local codes.
514		-	4. For purposes of this subsection:
515		-	a. the term “assisted living center ” shall include an
516		-	assisted living center licensed as such by the State
517		-	Department of Health and the assisted living center
518		-	component of a continuum care facility licensed by the
519		-	State Department of Health, and
520		-	b. the terms “fire code” and “building code” shall be
521		-	deemed to include:
522	524
523		-	SENATE FLOOR VERSION - SB881 SFLR Page 11
524		-	(Bold face denotes Committee Amendments) 1
	525	+	Req. No. 1851 Page 11 1
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	550	+	3. Assisted living facilities licensed to house six or fewer
	551	+	residents prior to July 1, 2008, shall be pe rmitted to install 13D
	552	+	or 13R fire sprinkler pr otection in lieu of meeting I-II sprinkler
	553	+	requirements, with approval of the municipal fire marshal or
	554	+	compliance with local codes.
	555	+	4. For purposes of this subsection:
	556	+	a. the term “assisted living center ” shall include an
	557	+	assisted living center licensed as such by the State
	558	+	Department of Health and the assisted living center
	559	+	component of a continuum care facility licensed by the
	560	+	State Department of Health, and
	561	+	b. the terms “fire code” and “building code” shall be
	562	+	deemed to include:
549	563		(1) any and all appendices, commentary, amendments
550	564		and supplements to, and replacements or
551	565		restatements of the Codes, and
552	566		(2) any and all other laws, ordinances, regulations,
553	567		codes or standards pertaini ng to assisted living
554	568		center construction, occupancy and maintenance
555	569		for the protection of lives and property fro m
556	570		fire.
557	571		SECTION 4. AMENDATORY 74 O.S. 2011, Section 324.19, is
558	572		amended to read as follows:
559		-	Section 324.19. Any person, firm or, corporation, partnership,
560		-	organization, city, town, school district, county or other
561		-	subdivision of government who fails to comply with the provisions of
562		-	Section 1 of this act 324.11 of this title or any lawful order of
563		-	the State Fire Marshal shall be subject to payment of a f ine, the
564		-	amount to be determined by the State Fire Marshal, of not more than
565		-	One Thousand Dollars ($ 1,000.00) for each day’s failure to comply
566		-	with this act; provided, that any person or entity described above
567		-	who is fined shall have the right to a hearing . The hearing request
568		-	must be submitted in writing to the State Fire Marshal within ten
569		-	(10) days of the fine notice and shall be heard by an Administrative
570		-	Hearing Officer at a date and time set by the Officer. After the
571		-	hearing, the Officer shall issue a proposed order containing
572		-	proposed findings of fact and conclusion of law which shall be
573	573
574		-	SENATE FLOOR VERSION - SB881 SFLR Page 12
575		-	(Bold face denotes Committee Amendments) 1
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	599	+	Section 324.19. Any person, firm or, corporation, partnership,
	600	+	organization, city, town, school district, county or other
	601	+	subdivision of government who fails to comply with the provisions of
	602	+	Section 1 of this act 324.11 of this title or any lawful order of
	603	+	the State Fire Marshal shall be subject to payment of a f ine, the
	604	+	amount to be determined by the State Fire Marshal, of not more than
	605	+	One Thousand Dollars ($1,00 0.00) for each day’s failure to comply
	606	+	with this act; provided, that any person or entity described above
	607	+	who is fined shall have the right to a hearing . The hearing request
	608	+	must be submitted in writing to the State Fire Marshal within ten
	609	+	(10) days of the fine notice and shall be heard by an Administrative
	610	+	Hearing Officer at a date and time set by the Officer. After the
	611	+	hearing, the Officer shall issue a proposed order containing
	612	+	proposed findings of fact and conclusion of law which shall be
600	613		presented to the State Fire Marshal Commission at the next scheduled
601	614		meeting at least ten (10) days after issuance of the proposed order.
602	615		The State Fire Marshal Co mmission may adopt, modify or deny, in
603	616		whole or in part, the proposal from the Officer, an d the Commission
604	617		shall issue a final order containing findings of fact and conclusion
605	618		of law and give notice to the parties involved as soon as practical
606	619		after issuance. Any party aggrieved by the final o rder of the State
607	620		Fire Marshal Commission may appeal to the district court of the
608	621		county in which the party seeking r eview resides or where the
609	622		property interest affected is situated in accordance with Section
610		-	318 of Title 75 of the Oklahoma Statutes. The process supersedes
611		-	any hearing or appeal section in the state adopted building and fire
612		-	codes. Fine collections shal l be deposited in the State Fire
613		-	Marshal Revolving Fund created in Section 324.20b of this title .
614		-	SECTION 5. AMENDATORY 74 O.S. 2011, Section 324.20b, as
615		-	amended by Section 848, Chapter 304, O.S.L. 2012 (74 O.S. Supp.
616		-	2020, Section 324.20b), is amended to read as follows:
617		-	Section 324.20b. There is hereby created in the State Treasury
618		-	a revolving fund for the State Fire Marsha l to be designated the
619		-	“State Fire Marshal Revolving Fund”. The fund shall be a continuing
620		-	fund, not subject to fi scal year limitations, and shall consist of
621		-	monies received from the sale of surplus property, fees and receipts
622		-	collected pursuant to the Ok lahoma Open Records Act, fines,
623		-	forfeitures, fees, charges, receipts, donations, gifts, bequests,
624	623
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626		-	(Bold face denotes Committee Amendments) 1
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	649	+	318 of Title 75 of the Oklahoma Statutes. The process supersedes
	650	+	any hearing or appeal section in the state adopted building an d fire
	651	+	codes. Fine collections shal l be deposited in the State Fire
	652	+	Marshal Revolving Fund created in Section 324.20b of this title .
	653	+	SECTION 5. AMENDATORY 74 O.S. 2011, Section 324.20b, as
	654	+	amended by Section 848, Chapter 304, O.S .L. 2012 (74 O.S. Supp.
	655	+	2020, Section 324.20b), is amended to read as follows:
	656	+	Section 324.20b. There is hereby created in the State Treasury
	657	+	a revolving fund for the State Fire Marsha l to be designated the
	658	+	“State Fire Marshal Revolving Fund ”. The fund shall be a continuing
	659	+	fund, not subject to fi scal year limitations, and shall consist of
	660	+	monies received from the sale of surplus property, fees and receipts
	661	+	collected pursuant to the Ok lahoma Open Records Act, fines,
	662	+	forfeitures, fees, charges, receipts, d onations, gifts, bequests,
651	663		contributions, devises, interagency reimbursements, federal funds
652	664		unless otherwise provided by federal law or regulation, or any other
653	665		source. The fund shall consist of no more than Five Hundr ed Fifty
654	666		Thousand Dollars ($550,000. 00). All monies accruing to the credit
655	667		of the fund are hereby appropriated and may be budgeted and e xpended
656	668		by the State Fire Marshal for authorized purposes. Expenditures
657	669		from the fund shall be made upon warrants issu ed by the State
658	670		Treasurer against cl aims filed as prescribed by law with the
659	671		Director of the Office of Management and Enterprise Services for
660	672		approval and payment.
	673	+
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661	699		SECTION 6. This act shall become effecti ve November 1, 2021.
662		-	~~COMMITTEE REPORT BY: COMMITTE E ON GENERAL GOVERNMENT~~
663		-	~~February~~ 25, 2021 ~~- DO PASS AS AMENDED~~
	700	+
	701	+	58-1-1851 MR 2/25/2021 2:23:01 PM