Oklahoma § 74-324.7 - Rules, regulations and specifications - Regulation of

§ 74-324.7. Rules, regulations and specifications - Regulation of

liquefied petroleum gas and flammable liquids.

A. Except as otherwise specified by subsection B of this

section, the State Fire Marshal Commission shall have the power and

duty to prescribe, adopt, and promulgate, in the manner set forth in

this act, such reasonable rules, regulations, or specifications on

matters relating to the safeguarding of life and property from the

hazards of fire and explosion arising from storage, handling, and

use of flammable and combustible materials, and from conditions

hazardous to life or property in the use or occupancy of buildings

or premises, as are deemed just and reasonable and in accordance

with the codes as last adopted by the Oklahoma Uniform Building Code

Commission, and not inconsistent with this act, and to revoke,

amend, or supersede the same. Exceptions to these standards shall

be granted to detention and correction facilities in existence on

November 1, 1985, when noncompliance would not result in a life-

Oklahoma Statutes - Title 74. State Government

threatening condition to inmates incarcerated in such facilities.

All such rules, regulations, and specifications or any revisions or

amendments thereto shall not become effective until promulgated in

accordance with the provisions of the Administrative Procedures Act.

B. 1. Liquefied petroleum gas defined by Section 420.1 of

Title 52 of the Oklahoma Statutes shall be regulated by the Oklahoma

Liquefied Petroleum Gas Board.

2. Flammable liquids stored in tanks at service stations shall

be regulated by the Corporation Commission.

C. For the purpose of this section:

1. "Flammable liquids" means all petroleum products used as

motor fuel and all grades of gasoline, kerosene, diesel fuel and

aviation fuel having a vapor pressure not exceeding forty (40)

pounds per square inch absolute at one hundred (100) degrees

Fahrenheit;

2. "Service station" means any facility including but not

limited to businesses serving the public, marinas and airports where

flammable liquids are stored in aboveground tanks and dispensed for

retail sales into the fuel tanks of airplanes, vessels or motor

vehicles of the public; and

3. "Aboveground tank" means any stationary vessel at a service

station and is located above the surface of the ground or on the

ground which is designed to contain an accumulation of flammable

liquids and which is constructed of nonearthen materials that

provide structural support.

D. The State Fire Marshal Commission shall promulgate rules

allowing the use and storage of propane-fueled grills and flattop

griddles and electric wood pellet grills on boat docks; provided,

that the act of using such cooking instruments is performed within

ten (10) feet of a fire extinguisher. The fire extinguisher shall

be installed and maintained in accordance with the most current

version of NFPA 10 (Standard for Portable Fire Extinguishers). Any

violations or penalties shall be assessed to the person committing

acts contrary to this subsection. The owner or operator of the

marina or dock shall not be held liable for the actions of its

tenants or others.

Added by Laws 1965, c. 257, § 7, eff. July 1, 1965. Amended by Laws

1985, c. 62, § 3, eff. Nov. 1, 1985; Laws 1990, c. 252, § 1,

operative July 1, 1990; Laws 2003, c. 168, § 8, eff. July 1, 2003;

Laws 2009, c. 439, § 18, emerg. eff. June 2, 2009; Laws 2024, c.

276, § 1, emerg. eff. May 6, 2024.

§74-324.7a. Assistance and cooperation of State Fire Marshal.

A. The Office of the State Fire Marshal in pursuance of its

duties to protect the health, safety and welfare of the public and

property from the hazards of fire and explosion arising from the

storage, handling, and use of flammable and combustible materials

Oklahoma Statutes - Title 74. State Government

shall assist and cooperate with the Commission in the performance of

its duties under this act by making investigations, fire fighting,

gathering evidence and filing reports or complaints with the

Commission concerning flammable liquids stored in aboveground tanks.

The Office of the State Fire Marshal shall report any violations of

the Oklahoma Aboveground Tank Regulation Act or rules promulgated

thereto to the Commission.

B. Upon the request of the Commission, the Office of the State

Fire Marshal shall assist the Commission with the training of its

enforcement employees or agents in the standards and practices on

matters relating to the safeguarding of life and property from the

hazards of fire and explosions arising from storage, handling, and

use of flammable liquids located at service stations.

Added by Laws 1990, c. 252, § 12, operative July 1, 1990. Amended

by Laws 2003, c. 168, § 9, eff. July 1, 2003.