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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 148 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to the State Fire Marshal; amending
7 74 O.S. 2021, Section 324.11, as amended by Section
8 2, Chapter 311, O.S.L. 2022 (74 O.S. Supp. 2024,
8 Section 324.11), which relates to building permits;
9 updating statutory language; allowing submission to
9 certain approved entities for plan review; requiring
10 State Fire Marshal to promulgate certain rules;
10 updating statutory references; and declaring an
11 emergency.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 74 O.S. 2021, Section 324.11, as
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16 amended by Section 2, Chapter 311, O.S.L. 2022 (74 O.S. Supp. 2024,
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17 Section 324.11), is amended to read as follows:
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18 Section 324.11. A. No person, firm, corporation, partnership,
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19 organization, city, town, school district, county, or other
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20 subdivision of government shall commence the construction or major
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21 alteration of any buildings or structures that are classified as
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22 occupancies in the building codes adopted by the Oklahoma Uniform
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23 Building Code Commission including all defined occupancies within
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24 these groups, or install original equipment for the operation or
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Req. No. 153 Page 1
1 maintenance thereof without obtaining a permit. The permit, for
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2 which a charge may be made in conformity with the local ordinance,
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3 except as limited herein as to governmental agencies, shall be
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4 obtained from the city, town, or county in whose jurisdiction the
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5 construction or alteration is planned.
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6 B. All such construction or alteration so planned shall conform
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7 to the applicable provisions of the building code, as last adopted
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8 by the Oklahoma Uniform Building Code Commission.
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9 C. Application for such building permit shall be made to, and
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10 such building permit shall be issued by, any city, town, or county
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11 in whose jurisdiction the construction or alteration is planned.
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12 The city, town, or county may require the submission of plans and
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13 specifications covering the proposed construction or alteration and
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14 may refuse to issue such permit unless the work so planned is in
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15 accordance with the applicable provisions of the city, town, or
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16 county's building code. Any city, town, or county that requires the
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17 submission of plans and specifications may provide for review of
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18 plans by an entity approved by the city, town, or county.
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19 D. In all geographical areas wherein where no such permit is
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20 required by local authorities such pursuant to this section, the
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21 permit must shall be obtained from either the State Fire Marshal,
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22 who may require the submission of plans and specifications covering
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23 the proposed construction or alteration, and shall refuse to issue
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24 such permit unless the work so planned is in accordance with the
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Req. No. 153 Page 2
1 applicable provisions of the International Building Code,
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2 International Existing Building Code, and International Fire Code,
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3 as last adopted by the Oklahoma Uniform Building Code Commission;
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4 provided, that the foregoing or an entity approved by the State Fire
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5 Marshal that provides plan review services. The State Fire Marshal
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6 shall promulgate rules to enact the provisions of this subsection.
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7 E. The State Fire Marshal shall provide approval or disapproval
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8 of a permit received under the provisions of subsection D of this
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9 section no more than ninety (90) days after receipt. Disapproval of
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10 a permit must include written notice to the applicant identifying
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11 the specific features that do not comply with the applicable codes,
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12 as well as the specific code chapters and sections. If no written
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13 notice for a disapproval is provided within the ninety (90) days,
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14 the permit shall be deemed approved, and any necessary permit shall
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15 be issued by the State Fire Marshal on the next business day.
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16 F. The provisions of this sentence subsections C and D of this
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17 section shall not apply to locations in any geographical area that
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18 are owned or operated by a state beneficiary public trust or have
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19 been purchased or leased from a state beneficiary public trust.
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20 Furthermore, nothing in this subsection D of this section shall be
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21 construed as requiring a person to obtain a permit from the State
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22 Fire Marshal for the construction or alteration of a single-family
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23 dwelling, duplex residential dwelling, barn, shed, or carport
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24 attached to a single-family dwelling, or duplex residential dwelling
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1 when such structure is located in an unincorporated area of a
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2 county.
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3 D. G. Nothing in Section 324.1 et seq. of this title shall be
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4 construed as repealing any ordinance of any city or town or any
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5 order of any county requiring the submission to the local
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6 authorities of plans and specifications and the obtaining of
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7 permits, but the power or authority of any such city, town, or
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8 county to levy or assess any charge for such permit or to make and
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9 enforce requirements prerequisite to the issuance of such permit,
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10 other than requiring compliance with such building code, shall, as
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11 to governmental agencies, be limited as hereinafter set forth.
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12 E. H. No city, town, or county requested to issue any such
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13 permit to any city, town, school district, county, or other
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14 subdivision of government shall charge, assess, or collect any fee
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15 or other charge for such permit except the regular and customary
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16 inspection fees fixed by ordinance for inspection of the work to be
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17 done under such permit, and no other charge, fee, or other
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18 conditions of any kind under the authority of this title shall be
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19 made a condition of or prerequisite to the obtaining of such permit
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20 by any such governmental agency.
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21 F. I. No bids may be let for the construction or major
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22 alteration of any correctional facility as defined by Section 317 of
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23 this title until plans and specifications for such construction or
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24 alteration have been submitted to the State Fire Marshal for
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Req. No. 153 Page 4
1 approval. The State Fire Marshal shall approve the plans and
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2 specifications if the work so planned conforms with the applicable
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3 provisions of the building code, as last adopted by the Oklahoma
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4 Uniform Building Code Commission.
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5 G. J. 1. Notwithstanding anything to the contrary in the fire
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6 code and/or or building code, as last adopted by the Oklahoma
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7 Uniform Building Code Commission, all facilities to be licensed as
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8 assisted living facilities, or additions to existing assisted living
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9 facilities, constructed after November 1, 2008, shall be constructed
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10 with the guidelines of the in accordance with the building
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11 guidelines set forth in the building code for I-II building
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12 occupancies if at any time in their operation they house residents
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13 who are not capable of responding to emergency situations without
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14 physical assistance from staff of the facility or are not capable of
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15 self-preservation.
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16 2. Assisted living facilities licensed prior to July 1, 2008,
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17 may house residents who are not capable of responding to emergency
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18 situations without physical assistance from the staff or are not
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19 capable of self-preservation under the following conditions: As
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20 part of the annual licensure renewal process, the facility shall
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21 disclose if any residents who reside in the facility are not capable
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22 of responding to emergency situations without physical assistance
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23 from staff or are not capable of self-preservation, and the facility
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24 shall be required to install fire sprinkler protection and an alarm
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1 system within the facility in accordance with the building
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2 guidelines set forth in the building code for I-II facilities.
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3 3. Assisted living facilities licensed to house six or fewer
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4 residents prior to July 1, 2008, shall be permitted to install
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5 National Fire Protection Association (NFPA) 13D or 13R fire
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6 sprinkler protection in lieu of meeting I-II sprinkler requirements,
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7 with approval of the municipal fire marshal or compliance with local
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8 codes.
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9 4. For purposes of this subsection:
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10 a. the term "assisted living center" shall include an
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11 assisted living center licensed as such by the State
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12 Department of Health and the assisted living center
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13 component of a continuum care facility licensed by the
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14 State Department of Health, and
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15 b. the terms "fire code" and "building code" shall be
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16 deemed to include:
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17 (1) any and all appendices, commentary, amendments
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18 and supplements to, and replacements or
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19 restatements of, the Codes codes, and
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20 (2) any and all other laws, ordinances, regulations,
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21 codes, or standards pertaining to assisted living
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22 center construction, occupancy, and maintenance
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23 for the protection of lives and property from
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24 fire.
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1 SECTION 2. It being immediately necessary for the preservation
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2 of the public peace, health or safety, an emergency is hereby
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3 declared to exist, by reason whereof this act shall take effect and
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4 be in full force from and after its passage and approval.
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Req. No. 153 Page 7Every fact on this page links to its source, starting with the official bill record.