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SENATE FLOOR VERSION
April 1, 2024
AS AMENDED
ENGROSSED HOUSE
BILL NO. 3169 By: Kerbs of the House
and
Green of the Senate
An Act relating to the State Fire Marshal; amending
74 O.S. 2021, Section 324.7, which relates to rules,
regulations and specifications; requiring the
promulgation of certain rules; identifying persons to
be held liable for violations; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2021, Section 324.7, is
amended to read as follows:
Section 324.7 A. Except as otherwise 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 rules, regulations, or
specifications on matters relating to the safeguarding of life and
property from the hazards of 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
occupancy of buildings or premises, as are deemed just and
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reasonable and in accordance with the codes as last adopted by the
Oklahoma Uniform Building Code Commission, and not inconsistent with
this act, and to revoke, amend, or supersede the same. Exceptions
to these standards shall be granted to detention and correction
facilities in existence 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 revisions or amendments thereto shall not
become effective until promulgated in accordance with the provisions
of the Administrative Procedures Act.
B. 1. Liquefied pet roleum gas defined by Section 420.1 of
Title 52 of the Oklahoma Statutes shall be regulated 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 exceeding 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 airports where
flammable liquids are stored in aboveground tanks and dispensed for
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retail sales into the fuel tanks of airplanes, vessels or motor
vehicles of the public; and
3. "Aboveground tank" means any stationary vessel at a service
station and is located above the surface of the ground or on the
ground which is designed to contain an accumulation of flamma ble
liquids and which is constructed of nonearthen materials that
provide structural support.
D. The State Fire Marshal Commission shall promulgate rules
allowing the use and storage of propane -fueled grills and flattop
griddles and electric wood pellet g rills on boat docks; provided,
that the act of using such cooking instruments is performed within
ten (10) feet of a fire extinguisher. The fire extinguisher shall
be installed and maintained in accordance with the most current
version of NFPA 10 (Standar d for Portable Fire Extinguishers). 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
tenants or others.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
April 1, 2024 - DO PASS AS AMENDED