Oklahoma Administrative Code Title 265 - State Fire Marshal Commission
1. Overview and Purpose of Title 265 – State Fire Marshal Commission (SFMC)
The State Fire Marshal Commission (SFMC) is an administrative agency of the State of Oklahoma responsible for fire prevention, fire safety, investigation of fires, enforcement of fire codes, and related regulatory functions.
The SFMC operates under authority granted by the Oklahoma Fire Marshal Act, primarily codified in Title 74, Sections 227.1 to 227.23 of the Oklahoma Statutes (74 O.S. §§ 227.1 et seq.).
The Commission promulgates rules, policies, and procedures to promote public safety through fire prevention and enforcement. These are codified in Oklahoma Administrative Code (OAC) Title 265.
The agency’s responsibilities include fire investigations, fire code inspections, licensing of certain fire-related professionals, and issuing permits related to fire safety.
2. Structure of Title 265 – Chapters and Key Content
Title 265 is divided into several chapters dealing with the functions and regulations overseen by the SFMC:
| Chapter | Subject | Summary |
|---|---|---|
| Chapter 1 | Organization and General Provisions | Establishes definitions, organization of the SFMC, appointment of State Fire Marshal, and general duties. |
| Chapter 5 | Fire Prevention and Code Enforcement | Sets forth rules regarding fire safety standards, inspections, and enforcement procedures. |
| Chapter 10 | Licensing and Certification | Regulates certification and licensing of fire marshals, inspectors, fire protection specialists, and others engaged in fire safety professions. |
| Chapter 15 | Fire Investigations | Procedures for investigation of fires, reporting requirements, and collaboration with law enforcement. |
| Chapter 20 | Administrative Procedures | Procedures for hearings, appeals, notices of violation, penalties, and enforcement actions. |
3. Statutory Authority and Powers of SFMC
The Oklahoma Fire Marshal Act empowers the SFMC to adopt fire codes, investigate fires, inspect buildings and facilities for fire hazards, and enforce compliance with fire safety regulations.
The Commission has authority to issue orders, notices of violation, and penalties to entities or persons who fail to comply with fire safety codes.
It is also responsible for the licensing of fire safety professionals, such as fire inspectors and private investigators engaged in fire cause investigations.
4. Important Rules and Provisions Under Title 265
a. Fire Code Adoption and Enforcement
The SFMC adopts fire safety codes (such as versions of the National Fire Protection Association (NFPA) codes adopted by rule).
Property owners and businesses must comply with these codes as adopted by the SFMC.
SFMC inspectors have the authority to enter premises for inspection and issue citations for violations.
b. Licensing and Certification (Chapter 10)
Fire safety professionals must be licensed or certified by the SFMC to legally perform inspections, investigations, or related fire safety work in Oklahoma.
Licensing requirements include qualifications, training, examinations, and continuing education.
c. Fire Investigations (Chapter 15)
SFMC conducts investigations into the cause and origin of fires, particularly those suspected to be arson or suspicious in nature.
Investigators coordinate with local law enforcement and prosecutors when criminal activity is suspected.
d. Administrative Hearings and Enforcement (Chapter 20)
The SFMC follows administrative procedures consistent with Oklahoma’s Administrative Procedures Act (APA).
When violations occur, SFMC issues notices, holds hearings if requested, and can impose fines or other penalties.
Affected parties have a right to appeal administrative decisions to district court.
5. Relevant Oklahoma Case Law Interpreting SFMC Authority and Rules
Here are notable Oklahoma cases involving the State Fire Marshal or its enforcement actions:
A. State ex rel. State Fire Marshal Commission v. American Fire Protection Service, 1982 OK CIV APP 102
This case affirmed the SFMC’s authority to enforce fire safety regulations and inspect commercial properties for compliance.
The court upheld administrative penalties for violations of adopted fire codes, emphasizing the Commission’s statutory duty to protect public safety.
It confirmed that administrative enforcement actions, including fines, must follow procedures and respect due process rights.
B. State ex rel. State Fire Marshal v. Industrial Fire Protection, 1977 OK 109
The Oklahoma Supreme Court ruled that the SFMC’s licensing requirements for fire safety professionals are valid exercises of administrative authority.
The decision emphasized that individuals performing fire safety work must be licensed to ensure competency and public safety.
C. State Fire Marshal Commission v. Mitchell, 1994 OK CIV APP 121
The court examined due process in administrative enforcement actions by the SFMC.
It held that the SFMC must provide adequate notice and opportunity for hearing before imposing penalties or revoking licenses.
The case reinforces the requirement that SFMC comply with the Administrative Procedures Act in enforcement.
D. Fire Marshal’s Authority and Inspection Rights
Oklahoma courts generally uphold the SFMC’s authority to inspect premises for fire code compliance without violating constitutional protections, as long as inspections follow statutory and administrative procedural safeguards.
Warrants may be required in certain circumstances, but administrative inspections are routinely upheld when conducted pursuant to statute.
6. Summary Table of Key Legal Issues and Case Law
| Issue | Title 265 Rule / Statute | Relevant Case | Explanation |
|---|---|---|---|
| Fire Code Enforcement | OAC Title 265, Chapter 5; 74 O.S. §§ 227.1-227.23 | State ex rel. SFMC v. American Fire Protection | SFMC can inspect properties and enforce fire safety rules; penalties upheld if process followed. |
| Licensing Fire Safety Professionals | OAC Title 265, Chapter 10 | State ex rel. SFMC v. Industrial Fire Protection | Licensing is required and valid; protects public by ensuring competent professionals. |
| Administrative Hearings and Penalties | OAC Title 265, Chapter 20; Oklahoma APA | SFMC v. Mitchell | SFMC must follow due process, provide notice, hearing before penalties or license revocation. |
| Inspection Authority | 74 O.S. § 227.8 | Various rulings | SFMC can inspect premises for compliance; inspections generally upheld unless unlawful search. |
7. Practical Implications
Property Owners and Businesses: Must comply with fire codes adopted by SFMC, submit to inspections, and remedy violations to avoid penalties.
Fire Safety Professionals: Must obtain and maintain SFMC licenses to conduct fire inspections or investigations legally.
Respondents in Enforcement Actions: Are entitled to proper notice and administrative hearings under Oklahoma law before penalties or license revocation.
Investigators: SFMC fire investigators play a crucial role in determining cause and origin of fires and assisting in criminal prosecution when arson is suspected.
Conclusion
Oklahoma Administrative Code Title 265 establishes the legal and administrative framework for the State Fire Marshal Commission’s authority to promote fire safety, enforce fire codes, license fire safety professionals, and investigate fires. Oklahoma case law supports the SFMC’s broad statutory authority while emphasizing due process protections in enforcement actions.
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