SECURITY FENCES
2022 Okla. Sess. Law Serv. Ch. 167 (S.B. 1706) (WEST)
2022 Okla. Sess. Law Serv. Ch. 167 (S.B. 1706) (WEST)
OKLAHOMA 2022 SESSION LAW SERVICE
Fifty-Eighth Legislature, 2022 Second Regular Session
CHAPTER 167
S.B. No. 1706
SECURITY FENCES
An Act relating to security fences; amending 59 O.S. 2021, Section 1800.2, which relates to definitions; adding definition for battery-powered security fences; amending 59 O.S. 2021, Section 1800.12, which relates to municipal and county authority to adopt ordinances; prohibiting certain municipal or county ordinances; establishing requirements for use of battery-powered security fences; requiring acceptable commercial standards; providing specifications for use on acceptable property; requiring posted signage; providing for codification; and declaring an emergency.
SUBJECT: Security fences
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
<< OK ST T. 59 § 1800.2 >>
SECTION 1. AMENDATORY 59 O.S. 2021, Section 1800.2, is amended to read as follows:
Section 1800.2. As used in the Alarm, Locksmith and Fire Sprinkler Industry Act:
1. “Alarm industry” means the sale, except as provided in Section 1800.3 of this title, installation, alteration, repair, replacement, service, inspection, or maintenance of alarm systems or service involving receipt of alarm signals for the purpose of employee response and investigation of such signals or any combination of the foregoing activities except inspections on one- and two-family dwellings are exempt;
2. “Alarm system” means one or more devices designed either to detect and signal an unauthorized intrusion or entry or to signal a fire or other emergency condition, which signals are responded to by public law enforcement officers, fire department personnel, private guards or security officers;
3. “Battery-charged security fence” means an alarm system and ancillary components or equipment attached to such a system including, but not limited to, a fence, a battery-operated energizer, which is intended to periodically deliver voltage impulses to the fence connected to it, and a battery-charging device used exclusively to charge the battery;
4. “Committee” means the Alarm, and Locksmith and Fire Sprinkler Industry Committee;
<< OK ST T. 59 § 1800.12 >>
SECTION 2. AMENDATORY 59 O.S. 2021, Section 1800.12, is amended to read as follows:
Section 1800.12. A. Any municipality or county may levy and collect reasonable charges for alarm installation connections located in or at a police or fire department which is owned, operated or monitored by the municipality or county. Any municipality or county may require discontinuance of service of any alarm signal device which, due to mechanical malfunction or faulty equipment, causes excessive false alarms and, in the opinion of the appropriate county or municipal official, becomes a detriment to the functions of the department involved. The municipality or county may cause the disconnection of the device until the same is repaired to the satisfaction of the appropriate official; however, the municipality or county shall advise the owner or user of the device of the disconnection in advance or as soon as reasonably practicable. The municipality or county may levy and collect reasonable reconnection fees. Mechanical malfunction and faulty equipment shall not include, for the purpose of the Alarm, Locksmith and Fire Sprinkler Industry Act, false alarms caused by human error or an act of God.
B. No municipality may adopt any ordinance concerning the licensing of any alarm, locksmith or fire sprinkler industry business or individual which is or may be licensed pursuant to the Alarm, Locksmith and Fire Sprinkler Industry Act.
C. No municipality or county may adopt any ordinance, order, or regulation concerning the installation, operation, or usage of a battery-charged security fence as long as the installation, operation, and usage of the battery-charged security fence follows the requirements and standards prescribed in Section 3 of this act.
SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1800.19 of Title 59, unless there is created a duplication in numbering, reads as follows:
<< OK ST T. 59 § 1800.19 >>
A battery-charged security fence shall meet the following requirements:
1. Interfaces with a monitored alarm device in a manner that enables the alarm system to transmit a signal intended to summon the business or law enforcement in response to an intrusion or burglary;
2. Is located on a property that is not designated by a municipality or county exclusively for residential use;
3. Has an energizer that is powered by a commercial storage battery that is not more than twelve (12) volts of direct current;
4. Has an energizer that meets the standards set forth by the International Electrotechnical Commission Standard 60335–2–76, current edition;
5. Is completely surrounded by a non-electric perimeter fence or wall that is not less than five (5) feet in height;
6. Does not exceed ten (10) feet in height or two (2) feet higher than the non-electric perimeter fence or wall described in paragraph 5 of this section, whichever is higher; and
7. Is marked with conspicuous warning signs that are located on the battery-charged security fence at not more than thirty-foot intervals and display: “WARNING—ELECTRIC FENCE”.
SECTION 4. It being immediately necessary for the preservation of the public peace, health or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Approved May 2, 2022.
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