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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3169 By: Kerbs
COMMITTEE SUBSTITUTE
An Act relating to the State Fire Marshal; amending
74 O.S. 2021, Section 324.7, which relates to rules,
regulations and specifications; r equiring the
promulgation of certain rules; identifying persons to
be held liable for violations; and providing a n
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 324.7, is
amended to read as follows:
Section 324.7 A. Except as otherw ise specified by subsection B
of this section, the State Fire Marshal Commission shall have the
power and duty to prescribe, adopt, and promulgate, in the manner
set forth in this act, such reasonable ru les, regulations, or
specifications on matters relati ng to the safeguarding of life and
property from the hazards o f fire and explosion arising from
storage, handling, and use of flammable and combustible materials,
and from conditions hazardous to life or property in the use or
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occupancy of buildings or pre mises, as are deemed just and
reasonable and in accordance wit h the codes as last adopted by the
Oklahoma Uniform Building Code Commission, and not inconsistent with
this act, and to revoke, amend, or su persede the same. Exceptions
to these standards shal l be granted to detention and correction
facilities in existen ce on November 1, 1985, when noncompliance
would not result in a life-threatening condition to inmates
incarcerated in such facilities. All such rules, regulations, and
specifications or any re visions or amendments thereto shall not
become effective until promulgated in accordance with the provisions
of the Administrative Procedures Act.
B. 1. Liquefied petroleum gas defined by Section 420.1 of
Title 52 of the Oklahoma Statutes shall be regula ted by the Oklahoma
Liquefied Petroleum Gas Board.
2. Flammable liquids stored in tanks at service stations shall
be regulated by the Corporation Commission.
C. For the purpose of this section:
1. "Flammable liquids" means all petroleum products used as
motor fuel and all grades of gasoline, kerosene, diesel fuel and
aviation fuel having a vapor pressure not exceedi ng forty (40)
pounds per square inch absolute at one hundred (100) degrees
Fahrenheit;
2. "Service station" means any facility including but not
limited to businesses serving the public, marinas and air ports where
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flammable liquids are stored in abovegrou nd tanks and dispensed for
retail sales into the fuel tanks of airplanes, vessels or mot or
vehicles of the public; and
3. "Aboveground tank" means any stationary vessel at a service
station and is locat ed above the surface of the ground or on the
ground which is designed to contain an accumulation of flammable
liquids and which is constructe d of nonearthen materials that
provide structural sup port.
D. The Oklahoma Department of Tourism shall promulgate rules
allowing the use and storage of propane-fueled grills and flattop
griddles and electric wood pellet grills on boat docks ; provided,
that the act of using such cooking instruments is performed within
ten (10) feet of a fire extinguisher. Any violations or penalties
shall be assessed to the person committing acts contrary to this
subsection. The owner or operator of the marina or dock shall not
be held liable for the actions of its tena nts or others.
SECTION 2. This act shall become e ffective November 1, 2024.
59-2-10324 JBH 02/20/24