Okla. Admin. Code § 595:25-5-1
Current through Vol. 42, No. 4, November 1, 2024
Section 595:25-5-1 - Physical requirements for storage facility(a)General Requirements. All wrecker operators, who, in conjunction with or as part of a licensed wrecker operation, store, park or maintain possession of a towed vehicle, shall store such vehicle in a storage facility which shall meet the minimum physical requirements prescribed in this Section. No vehicle shall be stored in any facility or area which has not been inspected and approved by the Department except in case of exceptional circumstances such as natural disasters or at the direction of law enforcement officers at the scene of an incident. (1) An operator shall not store vehicles: (B) In another operator's storage lot; or(C) Any other location unknown to the Department.(2) The entrance to the storage facility shall be separate from any other business entity.(3) A vehicle accepted for storage may not be altered without consent of the vehicle owner or their authorized representative.(4) No stored vehicle may be used for personal or business use without the prior written consent of the vehicle's owner.(b)Outdoor Storage Facilities.(1) Every primary outdoor storage facility: (A) Shall be designed to be minimum of 5000 square feet for small truck and minimum of 15000 square feet for large truck in size. A previously licensed proprietor, partnership or corporation business will be allowed to renew the DPS license for their location unless they are changing locations of business.(B) Shall be surrounded completely by a fence. Construction material for fences shall be of wood, metal, chain link or masonry and be at least six feet (6') in height built solid, firmly, and securely to provide the best protection for restricted access. Livestock paneling (welded wire) shall not be used unless the wire diameter is equal to or larger than 8 gauge (0.160 diameter) with horizontal panels no larger than 4" x 4". T-post construction shall not be approved. Outdoor storage facilities, effective July 1, 2014, shall meet new standards or if facilities previous of date, upon a failed inspection, if found the fence did not meet previous standards, new standards will be imposed.(C) Shall have at least one (1) gate of the same quality of material and height of the fence and must be locked if not attended.(D) The storage lot area: (i) Shall be maintained, including but not limited to removal of tall weeds, overgrown vegetation and debris;(ii) The lot surface shall be an all-weather surface such as concrete, asphalt, blacktop, gravel, or any equivalent materials;(iii) And cover the complete area of the storage lot that enables the safe and effective movement of stored vehicles upon all portions of the storage lot.(2) If the construction requirements in paragraph (1) of this subsection are in violation of municipal zoning ordinances or other laws, regulations, or ordinances, the operator may request an exemption in writing and submit a proposed security plan in lieu of the requirements. The operator shall attach a copy of such zoning ordinance or other laws, regulations, or ordinances with the petition.(c)Facility Location and Number.(1) A minimum of one (1) primary storage facility shall be located within a two (2) mile radius of the place of business address as reflected on the wrecker license and, effective January 1, 2005, shall be located within Oklahoma. Secondary storage facilities may be located outside the two (2) mile radius.(2) Each vehicle stored must be initially stored and held at the primary storage facility. After thirty (30) days from date of initial storage, vehicles may be moved to a secondary storage facility. The provisions of this paragraph shall not apply to junk vehicles.(d)Alternate Primary Storage Facility. In lieu of or in addition to the primary storage facility described in this Section, a wrecker operator that tows a vehicle pursuant to a contract with a municipality or county may store such vehicle in a facility meeting the requirements set forth in such contract; provided, that: (1) A copy of the proposed contract is furnished to the Department, along with documentation that requirements specified in this Section will be or have been met.(2) Only vehicles towed at the request of the municipality shall be stored in such facilities unless such facility meets all the requirements of this Section.(3) The wrecker operator shall have assumed reasonable responsibility with respect to the owner of such towed vehicle for any damages or loss of contents occurring during such time as the towed vehicle is stored in the facility.(4) If the storage facility is not owned by the operator, the owner of such storage facility shall also assume joint responsibility for damages or loss of contents to the vehicle secured during such time as the vehicle is stored at such facility.(5) Such storage facility must meet or exceed the requirements of this Section.(6) If such storage facility is not operated by the operator, the operator shall have made arrangements with the owner of such storage facility to enable the owner of the vehicle to make full payment for towing and storage costs at the storage facility location and thereby obtain full release of the vehicle.(7) A wrecker operator may not store any vehicle in a facility which has not been inspected and approved by the Department.(e)Indoor storage facility. An operator may also provide an indoor storage facility as either a primary or secondary storage facility. Due to a special situation such as, but not limited to, a pending fatal collision, asset forfeiture or criminal investigation, law enforcement may select without regard to rotation, an operator nearest to the incident with appropriate indoor storage. The facility must meet the requirements of the Oklahoma Highway Patrol and the operator must comply with any special instructions. An indoor storage facility shall be a permanent structure that meets the following minimum physical requirements. (2) A solid hard-surface floor,(3) Solid walls which fully enclose all sides, i.e., reach from corner to corner on each side and from the floor to the roof on all sides so there is no public access. The walls may be penetrated by windows and doors which must be fully operable so as to make the facility fully enclosed when the windows and doors are closed, and(4) Must be a minimum of 500 square feet in size.(f)Each Wrecker Service is a Separate Entity. Each wrecker service shall be licensed as a separate legal entity. Any wrecker service with storage shall maintain a primary storage facility that is physically separated from any other entity's storage facility as determined by the Department, so that the responsibility and accountability of the operator relating to compliance with these rules is maintained.(g)Shared Storage Prohibited. Shared use of any outdoor or indoor storage facility by two (2) or more wrecker services is not permitted, except as may be determined by the Commissioner.(h)Leased or rented building, office, or storage. Wrecker operators intending to lease or rent any building, office or storage facilities shall file such plan of lease or rent with the Department for approval. Such plan shall be signed and approved by the owner of the property or representative of the owner and be of at least one year in duration and include specific terms therein delineating the responsibility of the operator relating to compliance with the rules of this Chapter and assurance that accountability is maintained.(i)Accessibility. Any primary storage facility used to store vehicles at the request of law enforcement shall be accessible to the public by way of an all-weather road. This provision shall not apply to primary storage facilities which have been approved prior to July 14, 2003.Okla. Admin. Code § 595:25-5-1
Amended at 13 Ok Reg 2821, eff 6-28-96; Amended at 18 Ok Reg 3121, eff 7-14-01; Amended at 20 Ok Reg 2717, eff 8-15-03; Amended at 21 Ok Reg 3011, eff 7-25-04; Amended at 24 Ok Reg 2694, eff 10-31-06 through 7-14-07 (emergency)1; Amended at 24 Ok Reg 2777, eff 8-15-07Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/17/2018Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 7/25/2019Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 8/11/20231This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-07 (after the 7-14-07 expiration of the emergency action), the text of 595:25-5-1 reverted back to the permanent text that became effective 7-25-04, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 8-15-07.