THE ATTORNEY GENERAL HAS RECEIVED YOUR LETTER REQUESTING AN INFORMAL OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTION:
MAY A CITY OR POLITICAL SUBDIVISION IMPOSE MORE STRINGENT REQUIREMENTS REGARDING SMOKE DETECTORS IN RESIDENTIAL PROPERTIES THAN THOSE PROVIDED BY TITLE 74 O.S. 324.11A (1993)?
TO PROVIDE A COMPLETE ANSWER TO YOUR QUESTION, IT IS NECESSARY TO EXAMINE A PATCHWORK OF OVERLAPPING STATUTES. THE PRIMARY AUTHORITY REGARDING A MUNICIPALITY'S USE OF BUILDING CODE IS FOUND IN TITLE 11 O.S. 14-107(B) (1991) WHICH READS IN PERTINENT PART AS FOLLOWS:
"A MUNICIPALITY WHICH ADOPTS BUILDING STANDARDS SHALL ADOPT AND ENFORCE ONE OF THE FOLLOWING CODES:
1. THE BOCA BASIC BUILDING CODE OF THE BUILDING OFFICIALS AND CODE ADMINISTRATORS INTERNATIONAL, INCORPORATED; OR
2. THE UNIFORM BUILDING CODE OF THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; OR
3. THE SOUTHERN STANDARD BUILDING CODE OF THE SOUTHERN BUILDING CODE CONGRESS, INTERNATIONAL, INCORPORATED; OR
4. THE CODE FOR ENERGY CONSERVATION IN NEW BUILDING CONSTRUCTION PREPARED BY THE NATIONAL CONFERENCE OF STATES ON BUILDING CODES AND STANDARDS, INC. (NCSBCS); OR
5. ANY OTHER CODE WHICH THE GOVERNING BODY OF THE MUNICIPALITY DEEMS DESIRABLE TO PROMOTE SAFETY, ENERGY EFFICIENCY, HEALTH, AND WELFARE WITHIN THE MUNICIPALITY."
AS SET OUT ABOVE, 11 O.S. 14-107(B) OF TITLE 11 GIVES MUNICIPALITIES THE DISCRETION TO ADOPT ESSENTIALLY ANY BUILDING CODE WHICH THE MUNICIPALITY DETERMINES WILL SERVE TO "PROMOTE SAFETY, ENERGY EFFICIENCY, HEATH, AND WELFARE WITHIN THE MUNICIPALITY."
TITLE 74 O.S. 324.7 AUTHORIZES THE STATE FIRE MARSHAL COMMISSION TO ADOPT RULES AND REGULATIONS ON MATTER RELATING TO THE SAFEGUARDING OF LIFE AND PROPERTY FROM HAZARDS OF FIRE AND EXPLOSION ARISING FROM STORAGE, HANDLING, TRANSPORTATION AND USE OF FLAMMABLE AND COMBUSTIBLE MATERIALS, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE USE OF BUILDINGS OR PREMISES.
TITLE 74 O.S. 324.8 (1991) PROVIDES IN PERTINENT PART AS FOLLOWS:
"THE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS ACT SHALL HAVE UNIFORM FORCE AND EFFECT THROUGHOUT THE STATE AND NO MUNICIPALITY OR SUBDIVISION SHALL ENACT OR ENFORCE ANY ORDINANCES, RULES OR REGULATIONS FOR CONSTRUCTION OF OR MAJOR ALTERATIONS TO BUILDINGS WITH STANDARDS OTHER THAN THE BUILDING OFFICIALS AND CODE ADMINISTRATORS (BOCA) NATIONAL BUILDING CODE, AS LAST ADOPTED BY THE FIRE MARSHAL COMMISSION, EXCEPT THAT A MUNICIPALITY OR SUBDIVISION WHICH REQUIRES PERMITS FOR CONSTRUCTION OF OR MAJOR ALTERATIONS TO BUILDINGS MAY ELECT TO ADOPT, BY ORDINANCE, ANY OTHER RECOGNIZED NATIONAL BUILDING CODE, IN LIEU OF THE BUILDING OFFICIALS AND CODE ADMINISTRATORS (BOCA) NATIONAL BUILDING CODE. PROVIDED, NOTHING IN THIS ACT SHALL PREVENT OR TAKE AWAY FROM ANY CITY, TOWN OR COUNTY, THE AUTHORITY TO ENACT AND ENFORCE RULES AND REGULATIONS CONTAINING HIGHER STANDARDS AND REQUIREMENTS THAN THOSE PROVIDED HEREIN NOR PREVENT OR TAKE AWAY FROM ANY CITY, TOWN OR COUNTY THE AUTHORITY TO AMEND SUCH ADOPTED CODES TO MAKE CHANGES NECESSARY TO ACCOMMODATE LOCAL CONDITIONS. AND PROVIDED FURTHER, THAT NOTHING IN THIS ACT SHALL IN ANY WAY IMPAIR THE POWER OF ANY MUNICIPALITY, COUNTY OR SUBDIVISION TO REGULATE THE USE OF LAND BY ZONING, BUILDING CODES OR RESTRICTED FIRE DISTRICT REGULATIONS."
AS