- (a) The State Fire Marshal shall use the inspection checklist approved by the State Fire Marshal.
- (b) A food truck or food trailer shall comply with the following standards outlined in the current minimum state-adopted fire and life safety code as it pertains to mobile food preparation vehicles to pass inspection and may include, but not limited to, the following:
- (1) No customers/patrons are allowed inside the food truck or food trailer.
- (2) Customer/patron seating may not be located within any mobile food preparation vehicle or temporary cooking vehicle.
- (c) The State Fire Marshal may inspect a food truck or food trailer at any time after it has passed an annual inspection. Such re-inspection or compliance check inspection shall not require any additional inspection fees, nor will a new decal be issued. A re-inspection shall include, but not limited, the following items:
- (1) Damage to the food truck or food trailer or equipment therein.
- (2) Removal or replacement of appliances or other equipment.
- (3) Additions to the food truck or food trailer that were not included in the original inspection.
- (4) Remodel of the food truck or food trailer.
- (5) Issues not included in the original inspection such as:
- (A) free-standing LPG tanks.
- (B) generator location.
- (C) cooking outside.
- (D) exterior seating; or
- (E) food truck or food trailer placement.
- (6) Parking and location.
- (7) Cleanliness issues that create a potential fire hazard such as an accumulation of grease.
- (8) Imminent hazards to life or property.
- (9) Current inspection tag(s) on fire extinguishing system(s).
- (10) Current inspection tag(s) for fire extinguishers.
- (11) Complaints received by the State Fire Marshal’s office.
- (d) Upon approval, the State Fire Marshal shall issue an annual operational permit decal and year sticker indicating that the mobile food preparation vehicle meets the current minimum state-adopted fire and life safety code requirements at the time of inspection.
- (e) Any mobile food preparation vehicle that is not mobile, as defined in accordance with the Food Truck Freedom Act, 63 O.S., Section 1-1118 (2024), and/or as licensed by the Oklahoma State Department of Health as "mobile", or the equivalent by rules established by the Oklahoma State Department of Health, shall be deemed stationary and be required to comply with the local and/or current minimum state-adopted commercial building code requirements of the State Fire Marshal or political sub-division.
- (f) The State Fire Marshal shall revoke the operations of a mobile food preparation vehicle for cause when it is determined to be inherently dangerous to the health, safety, or welfare of people within this state.
- (1) Upon deeming a mobile food preparation vehicle dangerous to the health, safety, or welfare of people within this state and or failure to comply with an order from the State Fire Marshal, the State Fire Marshal shall have the authority to close and/or impound the mobile food preparation vehicle until such mobile food preparation vehicle is compliant with the minimum provisions outlined by fire and life safety code(s) or by an order of the State Fire Marshal.
- (2) The State Fire Marshal may issue a notice of citation for any violation of current minimum state-adopted code(s) and/or failure to comply with an order by the State Fire Marshal.
Added at 43 Ok Reg, Number 18, effective 6-11-26