Current AHJ
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.
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. This agreement will remain in effect for three years from the date of last signature, or until terminated by either party with a thirty-day written notice.
By signing an AHJ agreement, the jurisdiction is attesting that they will ensure compliance with all current state-adopted building codes and standards along with all requirements of the Americans with Disabilities Act (ADA).
The jurisdiction will be responsible for all* plan reviews and associated inspections, including but not limited to those related to building plans, smoke control, fire alarms, fire suppression / hood suppression, fire sprinklers, access control, carbon dioxide and carbon monoxide plans, in addition to all required annual life safety inspections.
*This agreement does not extend to State owned or occupied buildings within the geographical boundaries of any municipality, town, or county acting as the AHJ. The Office of the State Fire Marshal will retain jurisdiction for State owned or occupied property. See, e.g., OAC 265:25-1-4(d).
Becoming the AHJ
If a city/town/county board has appoved the entity to become their own Authority Having Jurisdiction, the first step is to submit a 30-day notice of change to the State Fire Marshal's Office. This notice of change (sometimes called a letter of intent) is simply a document on city/town/county letterhead, stating the entity's intent to become their own AHJ. The letter will need to be signed by a city manager or mayor (for cities/towns), or the county commission chair (for counties).
Once the 30 days expires after receipt of the notice of change, the AHJ agreement will be sent to sign. It will require three signatures:
- the code official who will be performing the reviews/inspections,
- the city manager or mayor or county commission chair, and
- either the fire chief (for cities/towns) or a county health & safety official (for counties).
When the completed agreement is confirmed received in the State Fire Marshal's Office, the list on this website and the agents will be notified.
The AHJ agreements are three-year contracts. A renewed agreement will be required before the agreement expires.
At any time, an entity can submit a notice of change if they wish to defer jurisdiction back to the State Fire Marshal's Office.
The AHJ hierarchy is as follows:
- All State-owned or State-occupied projects must be permitted by the State Fire Marshal's Office.
- The State Fire Marshal's Office has jurisdiction for the entire state unless the County or City/Town has provided the State Fire Marshal's Office with a completed agreement.
- A County has jurisdiction for the entire County unless a City/Town has provided the State Fire Marshal's Office with a completed agreement.
- A City/Town has jurisdiction within their city/town limits that has provided the State Fire Marshal's Office with a completed agreement.
No jurisdiction shall adopt any ordinances with standards less stringent than the building code as last adopted by the Oklahoma Uniform Building Code Commission (OUBCC).
Nothing shall prevent or take away from any jurisdiction, the authority to adopt rules containing higher standards and requirements than those adopted by the OUBCC.
Further, nothing shall in any way impair the power of any municipality, county or subdivision to regulate the use of land by zoning, building codes, or restricted fire district regulations.
It is understood that the Office of the State Fire Marshal has the statutory obligation to ensure all jurisdictions accepting the responsibility of being the AHJ adhere to the minimum state-adopted building codes and standards and the ADA. See 74 O.S. §§ 317, 324.4, and 324.11. The Office of the State Fire Marshal retains the authority to review any projects permitted by a municipality, town, or county.
Title 74. § 324.8. Uniform Force and Effect - Authority of Cities, Towns and Counties.
Tribal
The State Fire Marshal's Office does not have jurisdiction on Tribal Trust property. The AHJ would be the corresponding tribal government. If you would like the State Fire Marshal's Office to review and/or inspect the facility, please follow the below instructions:
If you are submitting an application for plan review, upload a letter from the tribal government, requesting the State Fire Marshal to be AHJ for the facility to the record along with the plans. The letter must include the name and address of the business/facility.
