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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1052 By: Kelley of the House
and
Green of the Senate
AS INTRODUCED
An Act relating to fire departments; amending 11 O.S .
2021, Section 29-102, which relates to activity
reports from city fire departments; directing that
reports utilize the National Emergency Response
Information System; directing reports to be completed
within forty-eight hours of incident; directing
certain charitable organizations to submit reports
utilizing the National Emergency Respon se Information
System; providing report contents; requiring reports
to be submitted within forty-eight hours of incident;
amending 19 O.S. 2021, Section 901.7a, which rela tes
to activity reports from fire protection districts;
directing fire chief to utili ze the National
Emergency Response Information System; requiring
reports be completed within forty -eight hours of
incident; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 29 -102, is
amended to read as follows:
Section 29-102. All cities having a paid fire department shall
have one full-time fire chief who shall supervise and administer the
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fire department in accordance with the policies and procedures
prescribed by the governing body or by the city manager. The fire
department shall be under the direction and control of the f ire
chief who shall not serve as fire chief and also as police chief,
city manager, mayor or any other position that impairs the ability
to perform the duties of a fire chief. The fire chief, whether
permanent or interim, of any paid municipal fire depart ment shall
have had at least three (3) years ' actual experience as a paid fire
fighter before assuming the position of fire chief. It shall be the
duty of the fire chief to file the appropriate activity report forms
reports utilizing the National Emergenc y Response Information System
(NERIS) with the Office of the State Fire Marshal in Ok lahoma City
on an annual basis. The activity report forms shall be designed by
the State Fire Marshal and shall include, but not be limited to, the
amount of property and vehicle fire loss, types of fires,
inspections and investigations that occurred. The report shall
include notification of all fire -related civilian deaths and
injuries in the respective jurisdiction and of fire fighter deaths
in the line of duty and of f ire fighter injuries in the line of duty
requiring the services of a hospital or phys ician or both and these
fire-related burn injuries and death reports will be c ompleted
within forty-eight (48) hours of the incident .
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 595 of Title 18, unless there is
created a duplication in numbering, reads as follows:
Any charitable corporation formed in an unincorporated area for
the purpose of providing ei ther a volunteer or a full -time fire
department, such as mentioned in Section 592 of Title 18 of the
Oklahoma Statutes, shall be required to file the appropriate
activity reports utilizing the National Emergency Response
Information System (NERIS) with the Office of the State Fire Marshal
in Oklahoma City. The activity report forms shall include, but not
be limited to, the amount of property and vehicle fire loss, types
of fires, inspections and investigations. The report shall include
notification of all fire-related civilian deaths and injuries in the
respective jurisdiction and of fire fighter deaths in the line of
duty and of firefighter injuries in the line of duty requiring the
services of a hospital or physician or both and these fire-related
burn injuries and death reports will be completed within forty -eight
(48) hours of the incid ent.
SECTION 3. AMENDATORY 19 O.S. 2021, Section 901.7a, is
amended to read as follows:
Section 901.7a. All Fire Protection Districts having mor e than
two full-time paid firefighters shall have one full -time fire chief
who shall supervise and administer the fire protection district in
accordance with the p olicies and procedures prescribed by the board
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of directors. The fire protection district sh all be under the
direction and control of the fire chief. The fire chief, whether
permanent or interim, of any paid or combination fire protection
district shall have had at least three (3) years actual experience
as a paid firefighter before assuming the position of fire chief.
During the initial transition from a volunteer fire protect ion
district to one having more than two full -time firefighters, the
paid fire chief shall have had at least three (3) years of
experience as a paid firefighter or at leas t five (5) years of
experience as a volunteer fire chief officer with that department
before assuming the position of paid fire chief. The board may add
additional requirements to the position as necessary.
1. The fire chief:
a. shall be at the head of t he department, subject to the
laws of the State of Oklahoma, rules of the board of
directors and the rules and regulations herein
adopted,
b. shall be held respons ible for the general condition
and efficient operation of the department, the
training of members and the performance of all other
duties imposed upon him or her by law or the bo ard of
directors,
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c. may inspect or cause to be inspected by members of the
department, the fire hydrants, cisterns and other
sources of water supply at least twice a year ,
d. shall maintain a library or file of publications on
fire prevention and fire pro tection and shall make use
of the library or file to the best advantage of all
members,
e. shall make every effort to attend all fires and direct
the officers and members of the fire department in the
performance of their duties,
f. shall see that the citi zens are kept informed on fire
hazards within the boundaries of the department and on
the activities of the department,
g. shall see that each fire is carefully investigat ed to
determine its cause, and in the case of suspicion of
incendiarism shall notify proper authorities. The
fire chief shall secure and preserve all possible
evidence for future use in the case of a suspicious
incendiarism, and
h. shall file the appropri ate activity report forms
reports utilizing the National Emergency Response
Information System (NERIS) with the Office of the
State Fire Marshal in Oklahoma City on an annual
basis. The activity report forms shall be designed by
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the State Fire Marshal and shall include, but not be
limited to, the amount of property and vehicle fire
loss, types of fires, inspections and investigations.
The report shall include noti fication of all fire -
related civilian deaths and injuries in the respective
jurisdiction and of firefighter deaths in the line of
duty and of firefighter injuries in the line of duty
requiring the services of a hospital or physician or
both and these fire-related burn injuries and death
reports will be completed within forty -eight (48)
hours of the incident.
2. Assistant fire chief. In the absence of the fire chief, the
assistant fire chief on duty shall command the department and be
held responsible ther efore in all respects with the full powers and
responsibilities of the fire chief.
3. Company officers. The company officers shall be selected
upon their ability to meet the fo llowing requirements:
a. knowledge of firefighting,
b. leadership ability, and
c. knowledge of firefighting equipment.
SECTION 4. This act shall become ef fective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT OVERSIGHT, dated
03/04/2025 - DO PASS, As Coauthored.