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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2459 By: Fetgatter
COMMITTEE SUBSTITUTE
An Act relating to fire suppression; amending Section
1, Chapter 106, O.S.L. 2024 (74 O.S. Supp. 2 024,
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 shall 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 most current adopted code . With the
exception of an automatic fire extinguishing system, this shall
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include, but not be limited to, those utilizing electric, liquified
petroleum (LP) gas, compressed natural gas ( CNG), or combination
thereof for cooking, provided that 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 six-liter Class K-rated, portable fire extinguisher is required
for all cooking equipment involving solid 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. All liquified petroleum
gas shall be inspected by the Oklahoma Liquified Petroleum Gas Board
or a certified contra ctor.
3. The provisions in paragraph 1 of this subsection will expire
on July 1, 2026, in which all mobile food preparation vehicles shall
comply with the most current adopted codes set forth by the State of
Oklahoma.
4. Mobile food preparation vehicles shall be under the 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
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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
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 vehicle upon cause that is
determined to be inherently dangerous t o the health,
safety, or welfare of persons within the State of
Oklahoma.
5. 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 ordi nances
in relation to the operation of a mobile food preparation vehicle
within the boundaries of said political subdivision.
6. The rules promulgated pursuant to this section 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 preparation vehicles .
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SECTION 2. This act shall become effective November 1, 2 025.
60-1-13274 GRS 03/06/25