G. Keith Bryant
Oklahoma State Fire Marshal
Office of the State Fire Marshal
2501 N. Lincoln Blvd., Ste. 219
Oklahoma City, OK 73105
Re: Safety First Fire Extinguisher Svc. Co., license no. 231, and Michael Debter, license no. 2011 (together “Respondents”)
Dear Mr. Bryant:
This office has received your request for a written Attorney General Opinion regarding action that the State Fire Marshal intends to take against Respondents.
The Fire Extinguisher Licensing Act (“Act”) authorizes the State Fire Marshal, on recommendation from the Fire Extinguisher Industry Committee, to revoke or order other appropriate sanctions against any licensee, for among other grounds, “practice[ing] fraud, deceit, or misrepresentation.” 59 O.S.2021, § 1820.16(B)(2).
According to a notice of citation provided to Respondents in January 2024, Respondents violated multiple National Fire Protection Association (“NFPA”) standards by using condemned fire extinguishers; failure to remove the tamper seal of a rechargeable fire extinguisher at the time of maintenance; failure to take corrective action following fire extinguisher maintenance deficiencies; failure to perform hydrostatic tests on stored-pressure fire extinguishers; and fraudulent cutting of utilizing collars and failure to affix verification-of-service collars around the neck of the extinguisher container. Following a hearing before the State Fire Marshal and Committee, the State Fire Marshal found clear and convincing evidence that Respondents violated the Act and NFPA standards as adopted for evidence of compliance with the Act and OSFM rules. The State Fire Marshal proposes to revoke the Respondents’ respective licenses. The Board may reasonably believe that the proposed action is necessary to deter future violations and to protect the public.
It is, therefore, the official opinion of the Attorney General that the Oklahoma State Fire Marshal has adequate support for the conclusion that this board action advances the State’s policy of protecting the health, safety, and well-being of the citizens of Oklahoma.
ROB JOHNSON
General Counsel
