reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 3 - Rationalization › Section 265:10-3-2 - Churches, theaters and auditoriums [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  2227, eff 6-1-94; Amended at 22 Ok Reg 1931, eff
				  6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 3 - Rationalization › Section 265:10-3-3 - Day nurseries (day care centers) and child care institutions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definitions.
(1)
"Day
				nursery (day care center)"
means a facility which provides care for six
				or more children for six or more hours of the 24-hour day.
(2)
"Child care institution"
means a 24-hour residential group care facility with a large number of
				unrelated children living together with adults other than parents. A
				specialized service to be selectively and appropriately used for certain
				children whose needs at the present time cannot be adequately met within the
				family.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 3 - Rationalization › Section 265:10-3-4 - Residential

Current through Vol. 41, No. 20, July 1, 2024
(a)
Definitions.
(1)
"Hotels/motels"
means buildings or groups of buildings under the
				same management in which there are sleeping accommodations for hire, primarily
				used by transients who are lodged with or without meals, whether designated as
				a hotel, inn, club or motel, or by any other name. So-called apartment hotels,
				because they are potentially subject to transient occupancy like that of
				hotels, shall be classified as hotels.
(2)
"Dormitories"
means
				buildings or spaces in buildings where group sleeping accommodations are
				provided for persons not members of the same family group, in one room or in a
				series of closely associated rooms under joint occupancy and single-
				management, as in college dormitories, fraternity houses, sorority houses, with
				or without meals, but without individual cooking facilities.
(3)
"Apartment houses"
means
				buildings containing three or more living units with independent cooking and
				bathroom facilities, whether designated as Apartment House, Apartments for the
				Elderly, Tenement, Garden Apartments, or by any other name. Apartments for the
				elderly are specifically designed for housing older individuals who are capable
				of self-preservation.
(4)
"Rooming houses"
Includes buildings in which separate sleeping
				rooms are rented, providing sleeping accommodations for persons on either a
				transient or permanent basis, with or without meals, but without separate
				cooking facilities for individual occupants.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 3 - Rationalization › Section 265:10-3-5 - Clarification of residential rules

Current through Vol. 41, No. 20, July 1, 2024
None of the above rules of this subchapter, promulgated by
				  the State Fire Marshal Commission, shall be construed to apply to any building
				  or structure except such buildings or structures enumerated in Section
				  265:10-3-4.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 5 - Compliance › Section 265:10-5-1 - Period allowed for compliance

Current through Vol. 41, No. 20, July 1, 2024
(a) All new construction shall conform to the applicable requirements of this Chapter on certification by the authority having jurisdiction, as described in (b) and (c) of this Section, upon completion of the construction.
(b) All Hospitals, Nursing Homes, Rest Homes, Convalescent Homes, Hotels, Motels, Dormitories, Apartment Houses, including Apartments for the Elderly, and Rooming Houses of less than 10 units, which can not conform with the requirements of this Chapter on the effective Date of November 1,1986, shall be in compliance with this Subchapter.
Amended at 11 Ok Reg
				  2227, eff 6-1-94; Amended at 22 Ok Reg 1931, eff
				  6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 5 - Compliance › Section 265:10-5-2 - Approval of sellers and installers

Current through Vol. 41, No. 20, July 1, 2024
Every individual, firm or corporation commercially selling,
				  installing, designing or repairing Smoke Detection Systems shall be licensed by
				  the Alarm Division of the Oklahoma Department of Labor.
Amended at 22 Ok Reg
				  1931, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 5 - Compliance › Section 265:10-5-3 - Maintenance responsibilities

Current through Vol. 41, No. 20, July 1, 2024
In occupancies covered by this Subchapter where the occupant
				  is not the owner of the dwelling unit, guest area, seating area or room, the
				  management/owner is responsible for the maintenance.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 5 - Compliance › Section 265:10-5-4 - Equipment

Current through Vol. 41, No. 20, July 1, 2024
(a) All devices,
				combination of devices and equipment to be installed in conformity with the
				edition of National Fire Protection Association (N.F.P.A) Standard #72 as
				referenced by the building codes most recently adopted by the Oklahoma Uniform
				Building Code Commission and shall be approved or listed and installed for the
				purpose for which they are intended.
(b) A device or system of devices having
				materials or forms different from those detailed in N.F.P.A. Standard #72 may
				be examined and tested according to the intent of these standards and, if found
				equivalent, may be approved.
Amended at 22 Ok Reg
				  1931, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 5 - Compliance › Section 265:10-5-5 - Enforcement

Current through Vol. 41, No. 20, July 1, 2024
(a) No person,
				partnership, corporation, organization, the State, city, town, county or other
				sub-division of this State owning a building or structure used as a Hospital,
				Church, Theater, Hotel, Motel, Apartment House, rooming House, Dormitory, Rest
				Home, Nursing Home, Day Nursery, Convalescent Home, Auditorium or Child Care
				Institution, existing or constructed, shall commence the installation of Smoke
				Detection system without obtaining a permit.
(b) Said permit for which a charge may be
				made in conformity with the local ordinances, except as limited in this Chapter
				as to governmental agencies, shall be obtained from the city, town or county in
				whose jurisdiction the installation is planned.
(c) In all geographical areas wherein no
				permit is required by local authorities, such permit must be obtained from the
				State Fire Marshal, who may require the submission of plans and specifications
				covering the proposed installation, and he shall refuse to issue such permit
				unless the work planned is in accordance with the applicable provisions of
				current N.F.P.A. Standard #72 as referenced by the building codes most recently
				adopted by the Oklahoma Uniform Building Code Commission.
(d) Nothing in this Chapter shall be
				construed as repealing any ordinance of any city, town or county requiring the
				submission to the local authorities of plans and specifications and the
				obtaining of permits, but the power of authority of any such city, town or
				county to levy or assess any charge for such permit or to make and enforce
				requirements prerequisite to the issuance of such permit, other than requiring
				compliance with this Chapter, shall, as to governmental agencies, be limited as
				set forth in (a) through (f) of this Section.
(e) No city, town, county, State or other
				subdivision of government shall charge, assess or collect any fee or other
				charge for such permit, except the regular and customary inspection fees fixed
				by ordinances for inspection of the work to be done under such permit, and no
				other charge, fee or other conditions of any kind under the authority of this
				Act shall be made a condition of or prerequisite to the obtaining of such
				permit by any such governmental agency.
(f) In all geographical areas where no permit
				is issued by local authorities, the State Fire Marshal shall certify that said
				building is equipped with a Smoke Detection system, complying with this
				Chapter.
Amended at 22 Ok Reg
				  1931, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 1 - General Provisions [Revoked] › Section 265:15-1-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 1 - General Provisions [Revoked] › Section 265:15-1-2 - Liberal construction [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 5 - Protective Clothing [Revoked] › Section 265:15-5-1 - NFPA standards [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 5 - Protective Clothing [Revoked] › Section 265:15-5-2 - Body protection [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 5 - Protective Clothing [Revoked] › Section 265:15-5-3 - Head protection [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 5 - Protective Clothing [Revoked] › Section 265:15-5-4 - Ear and neck protection [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 5 - Protective Clothing [Revoked] › Section 265:15-5-5 - Foot and leg protection [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 5 - Protective Clothing [Revoked] › Section 265:15-5-6 - Hand protection [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 7 - Self-Contained Breathing Apprartus (SCBA) [Revoked] › Section 265:15-7-1 - Minimum requirements; testing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 7 - Self-Contained Breathing Apprartus (SCBA) [Revoked] › Section 265:15-7-2 - ANSI standard [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 7 - Self-Contained Breathing Apprartus (SCBA) [Revoked] › Section 265:15-7-3 - Use [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 7 - Self-Contained Breathing Apprartus (SCBA) [Revoked] › Section 265:15-7-4 - Maintenance [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 7 - Self-Contained Breathing Apprartus (SCBA) [Revoked] › Section 265:15-7-5 - Inspection procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 15 - Protective Clothing and Breathing Apparatus › Subchapter 7 - Self-Contained Breathing Apprartus (SCBA) [Revoked] › Section 265:15-7-6 - Cleaning and sanitizing requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 22 Ok Reg
				  1934, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 25 - Referenced State Codes and Standards: Permits › Section 265:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules and regulations of this Chapter are intended to assist in the efficient operation of the Office of the State Fire Marshal, and to provide meaningful avenues for enforcing the statutory obligations of the State Fire Marshal.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 25 - Referenced State Codes and Standards: Permits › Section 265:25-1-2 - Scope of referenced standards

Current through Vol. 41, No. 20, July 1, 2024
In the event that there are inconsistencies or duplications in
				the requirements of those provisions incorporated by reference, the provisions
				incorporated by reference shall prevail, except where the regulations herein
				set out are more stringent.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 25 - Referenced State Codes and Standards: Permits › Section 265:25-1-3 - Referenced national and state codes and standards

Current through Vol. 41, No. 20, July 1, 2024
The following building codes and standards are incorporated by reference:
(1) Those codes most recently adopted by the Oklahoma Uniform Building Code Commission.
(2) NFPA #99 Health Care Facilities Code, latest Edition, as it applies to life safety inspections of existing facilities and as required by other state referenced codes and federal mandates.
(3) NFPA #101 Life Safety Code, latest Edition, as it applies to life safety inspections of existing facilities and as required by other state referenced codes and federal mandates.
Amended at 11 Ok Reg 2231,
				eff 6-1-94; Amended at 11 Ok Reg 4335, eff 7-8-94 (emergency); Amended at 12 Ok
				Reg 2265, eff 7-15-95; Amended at 14 Ok Reg 1743, eff 6-2-97; Amended at 16 Ok
				Reg 2443, eff 6-25-99; Amended at 17 Ok Reg 1172, eff 5-11-00; Amended at 18 Ok
				Reg 3045, eff 7-12-01; Amended at 19 Ok Reg 2653, eff 7-11-02; Amended at 22 Ok
				Reg 16, eff 7-14-04 (emergency); Amended at 22 Ok Reg 1938, eff 6-25-05;
				Amended at 24 Ok Reg 1894, eff 7-1-07; Amended at 27 Ok Reg 831, eff
				4-25-10
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 25 - Referenced State Codes and Standards: Permits › Section 265:25-1-4 - Building permits

Current through Vol. 41, No. 20, July 1, 2024
(a) In all geographical areas wherein no building permit is required by local authorities such permit shall be obtained from the State Fire Marshal's Office for all Use and Occupancy Classifications identified in the International Building Code®.
(b) Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structures, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing systems, the installation of which is regulated by the state-adopted building codes, or to cause any such work to be performed, shall first make application to the State Fire Marshal's Office and obtain the required permit.
(c) After any change of ownership, change in occupancy use or classification, and/or the building has remained unoccupied or vacated for at least 90 days involving any of the use and occupancy classifications identified in the International Building Code® and Specific Situations identified in the International Fire Code®, shall be brought up to current code requirements.
(d) All cities, towns, or counties that assume building permitting jurisdiction must complete an AHJ letter or form provided by the State Fire Marshal's Office every three (3) years. Any city, town, or county designated as the authority having jurisdiction is considered by the State Fire Marshal's Office to be the Authority Having Jurisdiction for all code requirements and responsibilities within its jurisdiction as set forth in the AHJ letter or form. This section shall not prohibit the State Fire Marshal's Office from providing code assistance to any local entity, regardless of jurisdictional boundaries; including State Fire Marshal enforcing state-adopted minimum codes.
(e) The Authority Having Jurisdiction (AHJ) hierarchy is as follows:
(1) All State owned or State occupied projects must be permitted by the State Fire Marshal's Office.
(2) The State Fire Marshal's Office has jurisdiction for the entire State of Oklahoma unless the County or City/Town has provided the State Fire Marshal's Office with a completed AHJ letter or form.
(3) A County has jurisdiction for the entire County unless a City/Town has provided the State Fire Marshal's Office with a completed AHJ letter for form.
(4) A City/Town has jurisdiction within their city/town limits that has provided the State Fire Marshal's Office with a completed AHJ letter or form.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 25 - Referenced State Codes and Standards: Permits › Section 265:25-1-5 - Carbon dioxide

Current through Vol. 41, No. 20, July 1, 2024
All occupancies under the jurisdiction of the State Fire Marshal's Office with a carbon dioxide system with more than 100 pounds of accumulative CO2, including those used in beverage dispensing applications, must have properly installed carbon dioxide detector(s). If there is a fire alarm system installed, the carbon dioxide detector(s) must be connected to the fire alarm system and sound a general alarm with both audible and visual warnings. If there is not a fire alarm system, the carbon dioxide detector(s) must provide a local alarm with audible and visual warnings. Plans must be approved and a permit issued by the State Fire Marshal's Office.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 25 - Referenced State Codes and Standards: Permits › Section 265:25-1-6 - Smoke detection

Current through Vol. 41, No. 20, July 1, 2024
Smoke detection systems connected to the electrical system (as allowed by the International Building Code and International Fire Code, but not connected to a fire alarm system, shall follow all permitting requirements for a fire alarm system. Plans shall be approved and a permit issued by the State Fire Marshal's Office. NFPA 72, International Building Code and International Fire Code.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 25 - Referenced State Codes and Standards: Permits › Section 265:25-1-7 - Access control

Current through Vol. 41, No. 20, July 1, 2024
All occupancies with access controlled entrance and/or egress shall be permitted. Plans shall be approved and a permit issued by the State Fire Marshal's Office. All permitting requirements are identified on the State Fire Marshal's Office website. NFPA 72, NFPA 101 Life Safety Code, International Building Code and International Fire Code.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 25 - Referenced State Codes and Standards: Permits › Section 265:25-1-8 - Smoke control

Current through Vol. 41, No. 20, July 1, 2024
All occupancies with a smoke control system shall be permitted . Plans shall be approved and a permit issued by the State Fire Marshal's Office. All permitting requirements are identified on the State Fire Marshal's website. NFPA 92, NFPA 92A, International Building Code and International Fire Code.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 25 - Referenced State Codes and Standards: Permits › Section 265:25-1-9 - Carbon monoxide

Current through Vol. 41, No. 20, July 1, 2024
All occupancies with a carbon monoxide system shall have properly installed carbon monoxide detector(s). If there is a fire alarm system installed, the carbon monoxide detector(s) must be connected to the fire alarm system and sound a general alarm with both audible and visual warnings. If there is not a fire alarm system, the carbon monoxide detector(s) must provide a local alarm, with audible and visual warnings. Plans must be submitted to and reviewed for approval by the State Fire Marshal's Office. All permitting requirements are identified on the State Fire Marshal's Office website. NFPA 72, NFPA 720, International Building Code and International Fire Code.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 25 - Referenced State Codes and Standards: Permits › Section 265:25-1-10 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) As referenced by 74 O. Section 324.11, all Correctional facilities shall be annually inspected by the State Fire Marshal's Office. All inspections will be conducted using the NFPA 101 Life Safety Code.
(b) As referenced by the Oklahoma Department of Human Services in Title 10, Ch. 51,  Section  1430.12,  the State Fire Marshal's Office is required to inspect all Day Care Facilities that fall under the State Fire Marshal's Office jurisdiction. All inspections will be conducted using the NFPA 101 Life Safety Code.
(c) The State Fire Marshal's Office conducts inspections of Education facilities up to the 12th  grade that fall under the jurisdiction of the State Fire Marshal's Office. All inspections will be conducted using the NFPA 101 Life Safety Code.
(d) As referenced by the Oklahoma Department of Health in Title 63, Ch. 1, Article 8,  Section  1-828,  the State Fire Marshal's Office is required to annually inspect all Assisted Living Facilities. All inspections will be conducted using the NFPA 101 Life Safety Code.
(e) The State Fire Marshal's Office conducts inspections of state-owned facilities and facilities rented by the State of Oklahoma. All inspection will be conducted using the NFPA 101 Life Safety Code.
(f) As referenced in 3AO.S., Ch. 2, Section 205.5, all State licensed horse race tracks shall be annually inspected by the State Fire Marshal's Office. All inspections will be conducted using the NFPA 101 Life Safety Code.
(g) All Educational facilities shall have a commercial fire alarm system installed in accordance with NFPA 72. The commercial fire alarm system shall be monitored by a central station.
(h) Only a positive pressure primary water source and/or tanks can be used as a reliable primary water source for fire protection.
(1) No ponds;
(2) No pools;
(3) No open top containers;
(4) No cisterns; or
(5) No similar sources as identified above.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 30 - Inspection of Race Tracks [REVOKED] › Section 265:30-1-1 - Race tracks [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 1175,
				eff 5-11-00; Amended at 19 Ok Reg 2656, eff 7-11-02; Added at 22 Ok Reg 1942,
				eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 35 - Field Citations, Fines and Appeals › Section 265:35-1-1 - Field citations, fines and appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) The Office of the State Fire Marshal is authorized to issue a field citations for violations of any lawful order of the State Fire Marshal. The field citation shall describe the nature of the violation.
(b) Violators have the right to appeal. The appeal request must be submitted in writing and received by the State Fire Marshal within ten (10) days of the fine notice. Upon receipt of an appeal request, an appeal hearing shall be set for the next scheduled meeting of the State Fire Marshal Commission.
(c) After hearing the appeal, the State Fire Marshal Commission may affirm, modify, revoke or vacate the order and/or fine at the hearing. If a hearing is held and the violator is found to be responsible for the violation, administrative costs of $100.00 shall be assess, in addition to the fine.
(d) If the violator does not contest the field citation, or is found guilty of the violation after appeal, the violator shall have thirty (30) days from the date the citation is issued in which to remit to the Office of the State Fire Marshal the amount identified on the citation. Checks, cashier's checks and/or money orders should be made payable to the Office of the State Fire Marshal.
(e) Failure to pay the amount noted on the citation, or failure to appear and contest the field citation, will result in other enforcement actions and requests for assessment of additional penalties, or administrative assessments as set forth in (c) above.
(f) Issuance or payment of field citations shall in no way preclude other enforcement proceedings, administrative penalties, fines or order of the Office of the State Fire Marshal if the alleged violator fails to correct a violation in a reasonable manner, as determined by the Office of the State Fire Marshal.
(g) Proceeds from payment of field citations shall be deposited into the Office of the State Fire Marshal revolving fund.
Added at 17 Ok Reg 1176,
				eff 5-11-00; Amended at 19 Ok Reg 2656, eff 7-11-02; Amended at 22 Ok Reg 1942,
				eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
(a) On and after January 1, 2009, no cigarettes subject to the provisions of the Fire Safety Standard and Firefighter Protection Act or this Chapter shall be sold or offered for sale in this State unless:
(1) the cigarettes have been tested in accordance with the test method prescribed in OAC 265:40-1-3;
(2) the cigarettes meet the performance standard specified in OAC 265:40-1-4;
(3) a written certification has been filed by the manufacturer with the Office of the State Fire Marshal, 2401 N.W. 23rd Street, Suite 4, Oklahoma City, Oklahoma 73107 in accordance with OAC 265:40-1-6; and
(4) the cigarettes have been marked in accordance with OAC 265:40-1-8.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-3 - Test method

Current through Vol. 41, No. 20, July 1, 2024
(a) Testing of
			 cigarettes shall be conducted in accordance with the American Society of
			 Testing and Materials (ASTM) Standard E2187-04 (2004) "Standard Test Method for
			 Measuring the Ignition Strength of Cigarettes". This standard may be obtained
			 from the publisher at ASTM International, 100 Barr Harbor Drive, P.O. Box C700,
			 West Conshohocken PA 19428-2959. This material is available for public
			 inspection and distribution at the Office of the State Fire Marshal, 2401 NW
			 23rd Street, Suite 4, Oklahoma City, Oklahoma
			 73107.
(b) Testing shall be
			 conducted on 10 layers of filter paper.
(c) Forty replicate tests shall comprise a
			 complete test trial for each cigarette tested.
(d) The performance standard required by OAC
			 265:40-1-4
			 shall only be applied to a complete test trial.
(e) Written certifications shall be based
			 upon testing conducted by a laboratory that has been accredited pursuant to
			 standard ISO/IEC 17025 of the International Organization for Standardization
			 (ISO), or other comparable accreditation standard as determined by the State
			 Fire Marshal.
(f) Laboratories
			 conducting testing in accordance with this Chapter shall implement a quality
			 control and quality assurance program that includes a procedure that will
			 determine the repeatability of the testing results. The repeatability value
			 shall be no greater than 0.19.
(g)
			 This Section does not require additional testing, in accordance with this
			 Chapter, if cigarettes are tested consistently with the Act for any other
			 purpose. OSFM may, at its sole discretion, conduct random independent tests of
			 certified brands to verify the accuracy of the information submitted to OSFM by
			 the manufacturer. This testing shall be conducted in accordance with this
			 Section.
Added at 26 Ok Reg 522,
				eff 1-2-09 through 7-14-09 (emergency)1; Added at 27
				Ok Reg 834, eff 4-25-10
1This emergency action expired
				without being superseded by a permanent action. Upon expiration of an emergency
				action enacting a new Section, the Section is no longer effective. Therefore,
				on 7-15-09 (after the 7-14-09 expiration of this emergency action), Section
				265:40-1-3 was no longer effective, and remained as such until added by
				permanent action on 4-25-10. For the official text of the emergency rule that
				was in effect from 1-2-09 through 7-14-09, see 26 Ok Reg
				522.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-5 - Test reports

Current through Vol. 41, No. 20, July 1, 2024
In order to ensure compliance with the performance standard
				specified in OAC
				265:40-1-4,
				each manufacturer shall maintain copies of the reports of all tests conducted
				on all cigarettes offered for sale for a period of 3 years and shall make
				copies of those reports available to OSFM upon its request, and to the Office
				of the Attorney General upon its request.
Added at 26 Ok Reg 522,
				eff 1-2-09 through 7-14-09 (emergency)1; Added at 27
				Ok Reg 834, eff 4-25-10
1This emergency action expired
				without being superseded by a permanent action. Upon expiration of an emergency
				action enacting a new Section, the Section is no longer effective. Therefore,
				on 7-15-09 (after the 7-14-09 expiration of this emergency action), Section
				265:40-1-5 was no longer effective, and remained as such until added by
				permanent action on 4-25-10. For the official text of the emergency rule that
				was in effect from 1-2-09 through 7-14-09, see 26 Ok Reg
				522.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-6 - Certification

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
			 manufacturer shall submit a written certification attesting that:
(1) each cigarette listed in the
			 certification has been tested in accordance with OAC
			 265:40-1-3;
			 and
(2) each cigarette listed in
			 the certification meets the performance standard set forth in OAC
			 265:40-1-4
			 or meets the performance standard by any other state having equal or stricter
			 performance standards.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-7 - Notification of certification

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 After the acceptance of the manufacturer's certification by OSFM, manufacturers
			 certifying cigarettes in accordance with OAC
			 265:40-1-6 shall
			 provide a copy of the certifications to all wholesale dealers and agents to
			 which they sell cigarettes.
(b)
			 OSFM and the Office of the Attorney General will cooperate to produce a list of
			 cigarette brands and styles that are legal for sale under any and all of the
			 laws of the State of Oklahoma.
(c)
			 If OSFM intends to remove a brand from the certified list, it will send a
			 notice of intent to remove to the manufacturer. The notice of intent to remove
			 shall include:
(1) the factual and legal
			 deficiencies upon which OSFM's intended action rests;
(2) the actions that the manufacturer must
			 undertake to cure the factual or legal deficiencies upon which the intended
			 action is based; and
(3) A
			 notification that the manufacturer shall have 30 calendar days to cure
			 deficiencies and submit documentation or other information of its attempt to
			 cure to OSFM. OSFM may extend the time period for a manufacturer to cure its
			 deficiencies.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-8 - Marking of cigarette packaging

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 Cigarettes that have been certified by a manufacturer in accordance with OAC
			 265:40-1-6 shall be
			 marked to indicate compliance with the requirements of this Chapter. Marking
			 shall be in eight (8) point type or larger and consist of:
(1) the letters "FSC" and be permanently
			 stamped, engraved, embossed or printed on the package at or near the UPC;
			 and
(2) A manufacturer's marking
			 shall meet all requirements set forth in § 326.5 of the Act.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-9 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
			 manufacturer, wholesale dealer, agent, or other person or entity who knowingly
			 sells or offers to sell cigarettes other than through retail sale in violation
			 of OAC
			 265:40-1-1(a)(3)
			 shall be subject to a civil penalty not to exceed $500.00 for each pack of such
			 cigarettes sold or offered for sale, provided that the penalty against any such
			 person or entity shall not exceed $100,000.00 for sales or offers to sell in
			 any thirty (30) day period.
(b) Any
			 retail dealer who knowingly sells or offers to sell cigarettes in violation of
			 OAC
			 265:40-1-1(a)(3)
			 shall be subject to a civil penalty not to exceed $500.00 for each pack of
			 cigarettes sold or offered for sale, provided that the penalty against any
			 retailer shall not exceed $25,000.00 for sales or offers to sell during any
			 thirty (30) day period.
(c) In
			 addition to any penalty prescribed by law, any corporation, partnership, sole
			 proprietorship, limited partnership, or association engaged in the manufacture
			 of cigarettes that knowingly makes a false certification pursuant to Section
			 326.4 of the Act shall be subject to a civil penalty of at least $75,000.00 and
			 not to exceed $250,000.00 for each false certification.
(d) Upon discovery by OSFM, the Oklahoma Tax
			 Commission, the Office of the Attorney General, or a law enforcement agency
			 that any person offers, possesses for sale, or has made a sale of cigarettes in
			 violation of the Act, OSFM, the Oklahoma Tax Commission, the Office of the
			 Attorney General, or the law enforcement agency may seize those cigarettes
			 possessed in violation of the Act.
(e) To enforce the provisions of the Act, the
			 State Fire Marshal or Attorney General may bring an action on behalf of the
			 people of this State to enjoin acts in violation of the Act and to recover
			 civil penalties authorized under Section 326.6 of the Act and this
			 Chapter.
(f) Civil penalties under
			 this Section shall be assessed by administrative citation issued by the OSFM
			 according to the following provisions:
(1) the
			 civil penalties for OAC 265:40-1-9(a) shall be $100.00 per pack for the first
			 violation, $250.00 per pack for the second violation and $500.00 per pack for
			 each subsequent violation, all subject to the thirty (30) day period maximum
			 per the Act;
(2) the civil
			 penalties for OAC 265:40-1-9(b) shall be $50.00 per pack for the first
			 violation, $150.00 per pack for the second violation, $350.00 per pack for the
			 third offense and $500.00 per pack for each subsequent violation, all subject
			 to the thirty (30) day period maximum per the Act; and
(3) the civil penalties for OAC 265:40-1-9(c)
			 shall be $75,000.00 for making a knowingly false certification of any brand
			 style. Any subsequent making of a knowingly false certification of the same
			 brand will be subject to a civil penalty of $250,000.00.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-10 - Federal fire safety standards

Current through Vol. 41, No. 20, July 1, 2024
If federal fire safety standards for cigarettes preempt the Act
				or this Chapter, the OSFM will repeal this Chapter.
Added at 26 Ok Reg 522,
				eff 1-2-09 through 7-14-09 (emergency)1; Added at 27
				Ok Reg 834, eff 4-25-10
1This emergency action expired
				without being superseded by a permanent action. Upon expiration of an emergency
				action enacting a new Section, the Section is no longer effective. Therefore,
				on 7-15-09 (after the 7-14-09 expiration of this emergency action), Section
				265:40-1-10 was no longer effective. For the official text of the emergency
				rule that was in effect from 1-2-09 through 7-14-09, see 26 Ok Reg
				522.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 40 - Fire Safety Standards for Cigarettes › Section 265:40-1-11 - Notification to the OSFM

Current through Vol. 41, No. 20, July 1, 2024
All required notices, test results and documents shall be sent
				to: Office of the State Fire Marshal, 2401 NW 23rd
				Street, Suite 4, Oklahoma City, Oklahoma 73107.
Added at 26 Ok Reg 522,
				eff 1-2-09 through 7-14-09 (emergency)1; Added at 27
				Ok Reg 834, eff 4-25-10
1This emergency action expired
				without being superseded by a permanent action. Upon expiration of an emergency
				action enacting a new Section, the Section is no longer effective. Therefore,
				on 7-15-09 (after the 7-14-09 expiration of this emergency action), Section
				265:40-1-11 was no longer effective, and remained as such until added by
				permanent action on 4-25-10. For the official text of the emergency rule that
				was in effect from 1-2-09 through 7-14-09, see 26 Ok Reg
				522.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 45 - Fireworks › Section 265:45-1-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules shall be to provide the minimum
				requirements for outdoor fireworks displays and for licensure of display
				operators. The State Fire Marshal shall establish a program for the licensure
				of Outdoor Display Operators. A license may be granted upon demonstration that
				the applicant has a satisfactory understanding of the handling and use of
				fireworks, equipment used for outdoor fireworks displays, and the operations of
				the display as required by the currently adopted version of NFPA 1123 Code for
				Fireworks Display.
Added at 29 Ok Reg 1599,
				eff 7-12-12
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 45 - Fireworks › Section 265:45-1-2 - Training and renewals

Current through Vol. 41, No. 20, July 1, 2024
Pre-license Outdoor Display Operator training programs and
				continuing education classes shall be approved by the State Fire Marshal.
				Pre-license training programs and continuing education classes shall be taught
				by a currently licensed Outdoor Display Operator. Pre-license training program
				curriculum shall include training on the currently adopted NFPA 1123. All
				requests for approval of pre-license training programs and continuing education
				classes shall be submitted on forms prescribed by the State Fire Marshal. Upon
				completion of at least eight (8) hours of OSFM approved pre-license outdoor
				display operator training an applicant is eligible to take the required
				examination. An applicant seeking renewal of their existing outdoor display
				operator license shall submit proof of completion of at least six (6) hours of
				OSFM approved continuing education prior to issuance of a renewed
				license.
Added at 29 Ok Reg 1599,
				eff 7-12-12
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 45 - Fireworks › Section 265:45-1-3 - Examination and testing

Current through Vol. 41, No. 20, July 1, 2024
To obtain an Outdoor Display Operator License an applicant
				shall pass an examination prescribed by the State Fire Marshal. Correctly
				answering 70% or more of the questions will be considered a passing score. If
				the applicant fails to pass the test on the first attempt the applicant is
				eligible to immediately take the examination a second time. If a passing score
				is not achieved on the second attempt the applicant may only attempt the
				examination once every thirty (30) days. Applicants shall be responsible for
				the cost of administering the examination as prescribed by OSFM administrative
				rules.
Added at 29 Ok Reg 1599,
				eff 7-12-12
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 45 - Fireworks › Section 265:45-1-4 - Licensing of Outdoor Display Operators

Current through Vol. 41, No. 20, July 1, 2024
An applicant for licensure as an outdoor fireworks display
				operator shall:
(1) Submit a license
			 fee of $75.00 with the application form prescribed by the State Fire
			 Marshal.
(2) Complete at least
			 eight (8) hours of OSFM approved pre-license outdoor display operator
			 training.
(3) Pass the examination
			 prescribed by the State Fire Marshal with a score of 70% or better.
(4) Provide proof satisfactory to the State
			 Fire Marshal of working under competent supervision on at least three (3)
			 outdoor fireworks displays in the three (3) years immediately preceding the
			 application.
Added at 29 Ok Reg 1599,
				eff 7-12-12
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 45 - Fireworks › Section 265:45-1-5 - Renewals

Current through Vol. 41, No. 20, July 1, 2024
(a) Renewal notices
			 will be sent out by the state fire marshal sixty (60) days prior to expiration
			 of each license. Failure to renew a license prior to expiration may result in
			 the retaking of a pre-license training program.
(b) An applicant for renewal of an Outdoor
			 Display Operator license shall submit a renewal of $75.00. Re-issuance of a
			 lost license may be at a cost of $75.00.
(c) Proof of completion of at least six (6)
			 hours of OSFM approved continuing education requirements must be provided as a
			 prerequisite to renewal.
Added at 29 Ok Reg 1599,
				eff 7-12-12
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 45 - Fireworks › Section 265:45-1-6 - Training; Continuing Education

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 All continuing education courses must be approved by the State Fire Marshal for
			 applicants to receive credit for the course.
(b) The applicant shall provide verification
			 to the State Fire Marshal of having obtained the required continuing education
			 credits. Verification consists of a form certifying attendance at the course,
			 the number of continuing education credits obtained at the course, and the
			 course instructor's signature.
(c)
			 A renewal applicant shall submit to the State Fire Marshal the application form
			 after completing the required continuing education hours. The applicant is
			 responsible for ensuring timely submittal of the required continuing education
			 verification. Documentation that shows the applicant was self-taught without
			 course instruction will not be accepted for continuing education
			 credits.
(d) In order to obtain
			 approval to provide pre-license training or continuing education courses, the
			 course provider shall first obtain a Trainer/Instructor issued number through
			 the State Fire Marshal. The provider shall submit to the State Fire Marshal
			 course materials including an outline of the course instruction, resume of the
			 instructor, the number of instruction hours provided, and the dates and times
			 of the course will be offered. A course provider seeking approval of a course
			 shall submit the required documentation no later than forty (40) business days
			 prior to the first offering of the course.
(e) Continuing education credit may be
			 granted to the instructor, at the discretion of the State Fire Marshal, for the
			 instruction of continuing education courses.
(f) Applicants who take more hours than the
			 required continuing education for the renewal period will not be permitted to
			 carry-over the credit hours into the next renewal cycle.
(g) The state fire marshal may conduct random
			 audits of applicants and continuing education courses to ensure
			 compliance.
(h) Each applicant is
			 responsible for maintaining sufficient records which may be used to support
			 claimed continuing education credits.
(i) The state fire marshal may require
			 completion of specific continuing education classes in order to renew
			 registration.
(j) Applicants will
			 not receive credit for taking a course more than once each renewal
			 cycle.
Added at 29 Ok Reg 1599,
				eff 7-12-12
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 50 - Fire Extinguisher Industry › Subchapter 1 - General Provisions › Section 265:50-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter implement the Fire Extinguisher
				  Licensing Act, Title 59 O.S. , Section
				  1820.1 et
				  seq.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 50 - Fire Extinguisher Industry › Subchapter 1 - General Provisions › Section 265:50-1-3 - Adopted references

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma State Fire Marshal Commission hereby incorporates by reference the following standards governing the materials, services and conduct of the licenses and the employees of licensees in regard to the fire extinguisher industry: the most recently adopted International Building Code® (IBC) and the International Fire Code® (IFC) by the Oklahoma Uniform Building Code Commission, and the referenced codes identified within the IBC and the IFC. If a conflict exists between any of the above-referenced installation standards, the more stringent shall apply. If a conflict exists between any of the above-referenced codes or standards and this chapter, the requirements in this chapter shall apply.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 50 - Fire Extinguisher Industry › Subchapter 1 - General Provisions › Section 265:50-1-3.1 - Compliance with intent of Chapter

Current through Vol. 41, No. 20, July 1, 2024
Where no specific standards or requirements are specified in
				  this chapter or within other codes or regulations adopted by the Oklahoma State
				  Fire Marshal Commission, compliance with the applicable standards of the
				  National Fire Protection Association, American National Standard Institute
				  (ANSI), or other nationally recognized fire safety standards approved by the
				  State is prima facie evidence of compliance with the intent of this
				  chapter.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 50 - Fire Extinguisher Industry › Subchapter 3 - License Requirements › Section 265:50-3-1 - General application and license requirements

Current through Vol. 41, No. 20, July 1, 2024
The categories of licensing in the Fire Extinguisher industry
				  shall be:
(1) Portable fire
				extinguisher;
(2) Pre-Engineered
				fire suppression systems; or
(3)
				Engineered fire suppression systems.
Transferred from
				  310:451-3-1 by Laws 2013, c. 111, § 1(G), eff 11-1-13 (see Editor's Notice
				  published at 31 Ok Reg 99 and Editor's Note at beginning of this
				  Chapter)