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An Act
ENROLLED 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 extinguishers, and inspections;
directing compliance with certain adopted fire codes;
providing certain exceptions; requiring inspection of
certain vehicles by certain entities; requiring
issuing of certain permit decal; establishing
expiration of certain provisions; establishing
certain jurisdiction; requiring coordination by the
State Fire Marshal of certain annual inspections;
providing certain exceptions; directing promulgation
of certain rules; and providing an effective date.
SUBJECT: Fire suppression
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 All mobile food preparation
vehicles operating within this state prior to July 1, 2024, that are
capable of producing smoke or grease-laden vapors shall be in
compliance with the most current adopted fire code. With the
exception of an automatic fire extinguishing system, such
requirement shall apply to vehicles including, but not limited to,
vehicles utilizing electric energy, liquefied petroleum gas,
compressed natural gas, or a combination thereof for cooking,
ENR. H. B. NO. 2459 Page 2
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 mobile food preparation
vehicles utilizing, handling, or transporting liquefied petroleum
gas or any liquefied petroleum gas system, equipment, container,
apparatus, or appliance shall receive and maintain a permit from,
and be inspected annually by, the Oklahoma Liquefied Petroleum Gas
Administration or its employees, in conjunction with the State Fire
Marshal issuing an annual operation permit decal to mobile food
preparation vehicles.
C. The provisions in subsection A of this section shall expire
on January 1, 2026, and all mobile food preparation vehicles shall
comply with the most current adopted fire codes set forth by this
state.
D. Mobile food preparation vehicles shall be under the
jurisdiction of the State Fire Marshal for fire and life safety code
compliance 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. The State Fire Marshal shall
coordinate, at minimum, annual inspections conducted:
1. Within each of the four quadrants of this state; and
2. Twice within each county with a population exceeding four
hundred thousand (400,000) according to the latest Federal Decennial
Census.
E. Upon approval, the State Fire Marshal shall issue an
operational permit decal indicating that the vehicle meets the
minimum fire and life code requirements adopted at the time of
inspection.
F. Nothing in this section shall prevent:
ENR. H. B. NO. 2459 Page 3
1. The State Fire Marshal from enforcing the minimum fire code
requirements as allowed by law and revoking the operations of a
mobile food preparation vehicle for cause when such vehicle is
determined to be inherently dangerous to the health, safety, or
welfare of persons within this state;
2. A political subdivision from enforcing the event permits,
operational fees, land use regulations, zoning, or other ordinances
in relation to the operation of a mobile food preparation vehicle
within the boundaries of the political subdivision; or
3. The State Department of Health from licensing and regulating
mobile food preparation vehicles as provided by the provisions of
Title 63 of the Oklahoma Statutes and rules promulgated by the State
Commissioner of Health.
G. The State Fire Marshal may promulgate rules necessary to
implement the provisions of this section. Such rules shall have
uniform force and effect throughout this state and no 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, except in a county with a
population exceeding four hundred thousand (400,000) according to
the latest Federal Decennial Census.
SECTION 2. This act shall become effective November 1, 2025.
ENR. H. B. NO. 2459 Page 4
Passed the House of Representatives the 21st day of May, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the 6th day of May, 2025.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________