Okla. Stat. tit. 74, § 74-317

facilities - Reports - Orders for repair, demolition, etc. - Appeals

- Execution of orders - Collection of expenses - Penalties.

The State Fire Marshal, any assistants to the State Fire

Marshal, the chief of the fire department of all the cities and

towns where a fire department is established, the mayor of the

cities and towns where no fire department exists, the chief of a

fire protection district created pursuant to Sections 901.1 et seq.

of Title 19 of the Oklahoma Statutes and the sheriff of all

counties, upon the complaint of any person having an interest in any

building or property adjacent, and without any complaint, shall have

the right at all reasonable hours for the purpose of an examination

to enter into and upon all buildings and premises within their

jurisdiction. The State Fire Marshal shall, at least once each

year, make a fire inspection of all correctional facilities under

the jurisdiction and control of any state agency, county, city,

town, or public trust. The correctional facilities shall include,

but not be limited to, institutions within the Department of

Corrections as defined by Section 502 of Title 57 of the Oklahoma

Statutes, juvenile institutions under the jurisdiction and control

of the Office of Juvenile Affairs, as listed in Section 2-7-606 of

Title 10A of the Oklahoma Statutes, and jails. The State Fire

Marshal shall issue a report containing findings of the inspection

as to each facility under the jurisdiction and control of a state

agency, to the director of the agency. As to any other correctional

facility, the State Fire Marshal shall issue the report to the

person immediately responsible for the administration of the

facility inspected. Whenever any of the officers shall find any

building or other structure which for the want of proper repair, or

by reason of age and dilapidated condition, or for any cause is

especially liable to fire, and which is so situated as to endanger

other buildings or property, or so occupied that a fire would

endanger persons and property therein, the officers shall order the

building or buildings to be repaired, torn down, demolished,

materials removed and all dangerous conditions remedied. Whenever

the officers determine that a threat to life is imminent, the

Oklahoma Statutes - Title 74. State Government Page 405

officers are permitted to order the evacuation of the occupants of

the building or buildings. If the officer finds in a building or

upon any premises any combustible or explosive material, rubbish,

rags, waste, oils, gasoline or inflammable conditions of any kind,

dangerous to the safety of buildings or property, the officer shall

order the materials removed or conditions remedied. The order shall

be made against the owner, lessee, agent or occupant of the

buildings or premises and, thereupon, the order shall be complied

with by the owner, lessee, agent or occupant, and within the time

fixed in the order. If the owner, lessee, agent or occupant deems

itself aggrieved by an order of any of the officers, and desires a

hearing, that person may complain or appeal in writing to the State

Fire Marshal within ten (10) days from the service of the order, and

the State Fire Marshal shall at once investigate the complaint, and

shall fix a time in the county where the property is located, when

and where the complaint will be heard by the State Fire Marshal.

The State Fire Marshal may affirm, modify, revoke or vacate the

order at the hearing, and unless the order is revoked or vacated by

the State Fire Marshal, it shall remain in force and be complied

with by the owner, lessee, agent or occupant within the time fixed

in the order, or within the time as may be fixed by the State Fire

Marshal at the hearing. If a person is aggrieved by the final order

of the State Fire Marshal as made at the hearing, that person may,

within ten (10) days thereafter, appeal to the district court of the
te Fire Marshal, it shall remain in force and be complied

with by the owner, lessee, agent or occupant within the time fixed

in the order, or within the time as may be fixed by the State Fire

Marshal at the hearing. If a person is aggrieved by the final order

of the State Fire Marshal as made at the hearing, that person may,

within ten (10) days thereafter, appeal to the district court of the

county in which the property is situated, notifying the State Fire

Marshal in writing of the appeal within three (3) days thereafter,

which notice shall be delivered personally to the State Fire Marshal

or by registered mail to the office of the State Fire Marshal at

Oklahoma City, Oklahoma. The party appealing shall, within three

(3) days thereafter, file with the clerk of the district court in

which the appeal is made, a bond in an amount to be fixed by the

court but in no case less than One Hundred Dollars ($100.00), with

at least sufficient sureties to be approved by the court,

conditioned to pay all costs on the appeal in case the appellant

failed to sustain the same or the appeal be dismissed for any cause.

The district court shall hear and determine the appeal de novo, in

the same manner as other issues of law and fact are heard and tried

in the courts, and the State Fire Marshal shall be plaintiff in the

action. The district court shall hear and determine the appeal at

the next regular term of district court in the county where the

order was issued, and may sustain, modify or annul the order of the

State Fire Marshal, and the decision of the district court shall be

final. The State Fire Marshal shall execute the final order of the

district court, and if the order is adverse to the appellant, the

State Fire Marshal is empowered to cause the building or premises to

be repaired, torn down, demolished, materials removed and all

dangerous conditions remedied, as the case may be, at the expense of

Oklahoma Statutes - Title 74. State Government Page 406

the appellant. If the appellant fails, refuses or neglects to

comply with the order, or pay the expense incurred by the State Fire

Marshal in executing the same within thirty (30) days thereafter,

the expense shall be certified by the State Fire Marshal to the

county assessor of the county in which the property is situated and

the county assessor shall enter the expense on the tax list of the

county as a special charge against the real estate on which the

building is or was situated, and the same shall be collected as

other taxes and, when collected, shall be paid to the county

treasurer and credited to the general fund of the county in which

the property is located. Any person being the owner, occupant,

lessee or agent of buildings or premises, who willfully fails,

neglects or refuses to comply with any order of any officer named in

this section shall be guilty of a misdemeanor and shall be fined not

more than Fifty Dollars ($50.00) nor less than Ten Dollars ($10.00)

for each day's neglect.