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ENGROSSED HOUSE
BILL NO. 2459 By: Fetgatter of the House
and
Green of the Senate
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 s, and inspections;
directing compliance with current adopted codes;
providing exception for certain extinguishing
systems; deleting certain annual inspection
requirement; providing for inspections; providing for
the expiration of cert ain provisions; requiring
compliance with certain codes; providing sole
authority to the Fire M arshal; providing for the
issuance of operational permit decals; declaring
authority of the State Fire Marshal to enforce
minimum code requirements and revoke op erations of
mobile food preparation vehicles; declaring authority
of political subdivisions to enforce permits, fees,
regulations, and ordinances; prohibiting the
enactment or enforcement of any fire or life safety
code-regulated ordinances or rules; 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:
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Section 325.20. A. In lieu of an automatic fire extinguishing
system, portable fire extinguishers shall be installed in mobile
food establishments that produce 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
include, but not be limited to, those utilizing electric, liquified
petroleum gas, compressed natural gas, or a 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 a 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 All liquified petroleum gas
shall be inspected by the Oklahoma Liquified Petr oleum Gas Board or
a certified contractor.
C. The provisions in subsection A of this section shall expire
on July 1, 2026, and all mobile food preparation vehicles shall
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comply with the most current adopted codes set forth by the State of
Oklahoma.
D. Mobile food preparation vehicles shall be under the sole
jurisdiction of the State Fire Marshal and shall be inspected
annually by the 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.
E. 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 a t
the time of inspection .
F. 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 when it is determined to be in herently dangerous to the
health, safety, or welfare of persons within the State of Oklahoma.
G. Nothing in this act shall prevent a political subdivision
from enforcing the political subdivision's event permits,
operational fees, land use regulations, zo ning, and other ordinances
in relation to the operation of a mobile food preparation vehicle
within the boundaries of said political subdivision.
H. The rules promulgated pursuant to this section shall have
uniform force and effect throughout the state an d no city, town,
county, political subdivision, or other agency shall enact or
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enforce any fire or life safety code -related ordinances, rules, or
other requirements for mobile food preparation vehicles .
SECTION 2. This act shall become eff ective November 1, 2025.
Passed the House of Representatives the 25th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the _____ day of __________, 2025.
Presiding Officer of the Senate