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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2459 By: Fetgatter
AS INTRODUCED
An Act relating to fire suppression; amending Section
1, Chapter 106, O.S.L. 2024 (74 O.S. Supp. 2024,
Section 325.20), which relates to mobile food
establishments, fire extinguisher, and inspection;
extending sunset; providing for inspections;
providing sole authority to the Fire Marshal; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 1, Chapter 106, O.S.L.
2024 (74 O.S. Supp. 2024, Section 325.20), is amended to read as
follows:
Section 325.20. A. In lieu of an automatic fire extinguishing
system, portable fire extinguishers sha ll be installed in mobile
food establishments that produce 1. All mobile food preparation
vehicles operating within the State of Oklahoma prior to July 1,
2024, that are capable of producing smoke or grease-laden vapors
shall be in compliance with the mos t current adopted code with
exception of an automatic fire extinguishing syste m, this shall
include, but not be limited to, those utilizing electric, liquefied
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petroleum (LP) gas, compressed natural gas ( CNG), or combination
thereof for cooking, provided t hat portable fire extinguishers are
installed and maintained in accordance with the most current version
of NFPA 10 (Standard for Portable Fire Extinguishers) . All fire
extinguishers shall be inspected annually by a licensed contractor.
A Class K-rated, portable fire extinguisher is required for all
cooking equipment involving sol id fuels or vegetable or animal oils
and fats or combination thereof . All portable fire extinguishers
shall be in clear view and immediately available for use.
B. The provisions of this section shall cease to have the force
and effect of law on November 1, 2025 2. The provisions in
subsection A will expire on July 1, 2030, in which all mobile food
preparation vehicles shall comply with the most current adopted
codes set forth by the State of Oklahoma .
3. Mobile food preparation vehicles shall be under th e sole
jurisdiction of the Oklahoma State Fire Marshal and be inspected
annually by the Oklahoma State Fire Marshal to ensure compliance
with the latest version of the state adopted minimum codes for fire
and life safety as adopted by the Oklahoma Uniform Building Code
Commission.
a. upon approval by the State Fire Marshal, the State
Fire Marshal shall issue an operational permit decal
indicating that the vehicle meets the minimum code
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requirements as currently adopted at the time of
inspection, and
b. nothing in this act shall prevent the State Fire
Marshal from enforcing the minimum code requirements
as allowed by law and revoking the operations of a
mobile food preparation vehic le upon cause that is
determined to be inherently dangerous to the health,
safety, or welfare of persons within the State of
Oklahoma.
4. Nothing in this act shall prevent a political subdivision
from enforcing the political subdivision 's event permits,
operational fees, land use regulations, zoning, and other ordinances
in relation to the operation of a mobile food preparation vehicle
within the boundaries of said political subdivision.
5. The rules promulgated pursuant to Section 325.20 et seq. of
this title shall have uniform force and effect throughout the state
and no city, town, county, political subdivision, or other agency
shall enact or enforce any fire or life safety code related
ordinances, rules, or other requirements for mobile food preparatio n
vehicles.
SECTION 2. This act shall become effective Novemb er 1, 2025.
60-1-11609 TJ 12/12/24