Fire marshal

A "no smoking" sign at a gas station by order of the state fire marshal. The fire marshal is often charged with enforcing fire-related laws.

A fire marshal, in the United States and Canada, is often a member of a fire department but may be part of a building department or a separate department altogether. Fire marshals' duties vary but usually include fire code enforcement and/or investigating fires for origin and cause. Fire marshals may be sworn law-enforcement officers and are often experienced firefighters.

A fire marshal's duties vary by location. Fire marshals may carry a weapon, wear a badge, wear a uniform or plain clothes, and make arrests pertaining to arson and related offenses, or, in other localities, may have duties entirely separate from law enforcement, including building- and fire-code-related inspections. In many areas, the fire marshal is responsible for enforcing laws concerning flammable materials.

Canada

Fire Marshals provide advisory services to local fire departments and assist in code writing and enforcement.^[1] The Fire Investigation Section (FIS) of the OFM also inbased on various criteria from fire departments and police agencies.

United States

Arizona Fire Marshal

Office of State Fire Marshal (SFM); purpose; qualifications – to promote public health and safety and to reduce hazards to life, limb and property, the office of SFM is established within the department. The office shall perform its duties by performing inspections and fire investigations, by providing public education and by adopting fire protection codes.^[2] The person appointed as SFM shall have extensive experience in the field of fire prevention and fire protection including administrative experience in such capacity.

Deputy fire marshals and assistants

The SFM may hire deputy fire marshals and appoint as assistant fire inspectors any of the fire chiefs of a city, town, county, volunteer fire company or protective district to act within their area of jurisdiction or upon the recommendation of the fire chief appoint other assistant fire inspectors if needed to function within the jurisdiction. The SFM may also appoint other assistant fire inspectors as are necessary in areas which are not under the jurisdiction of a fire chief.

Powers and duties; arson investigators

The SFM shall:

1) Assist in the enforcement of state laws and ordinances of cities and counties relating to fire prevention and fire protection; and enforce compliance with the fire code adopted by the state fire safety committee throughout the state except in any city having a population of one hundred thousand persons or more which has in effect a nationally recognized fire code, whether modified or unmodified, and which has enacted an ordinance to assume such jurisdiction from the state fire safety committee. Such cities do not have authority that supersedes and are not exempt from the state fire safety committee's established fire code in state or county owned buildings and public schools wherever located throughout the state.

2) Cooperate and coordinate with other state agencies in the administration of the state fire code, and establish a regularly scheduled fire safety inspection program for all state and county owned public buildings and all public and private school buildings wherever located throughout the state, except for private school buildings in cities with a population of one hundred thousand or more persons according to the last decennial census.

3) Inspect as necessary all other occupancies located throughout this state, except family dwellings having fewer than five residential dwelling units and occupancies located in cities with a population of one hundred thousand or more persons according to the last decennial census.

4) At the written request of county or municipal authorities, make and provide to them a written report of the examination made by the SFM of any fire within their jurisdiction.

5) Compile, update as necessary and make available to the public a fully indexed and cross-referenced list of all rules adopted by state agencies and departments and agencies and departments of political subdivisions of this state relating to the control of all hazardous materials as defined in § 28-5201 and all federal regulations relating to the control of hazardous materials as defined in § 28-5201 for which there is no state regulation.

6) Establish and maintain a library of all rules and regulations identified, and support the regulated industry's request for information through research or referral to the agency adopting the specific rule for technical information or other assistance as circumstances dictate.

7) Administer the arson detection reward fund established by § 41-2167.

The SFM and the state are not liable for damages caused by information which is omitted from the rules and federal regulations compiled.

All plans and specifications for new construction, remodeling, alterations and additions for state, county and public school buildings and grounds shall be submitted to the director for review and approval by the SFM prior to construction. The plans and specifications shall be reviewed and approved or disapproved within sixty days of submission. No construction shall commence until the plans have been approved and a permit has been issued.

The SFM may:

1. Conduct or participate in investigations of causes, origins and circumstances of fires, including cases of possible arson.
2. Prescribe a uniform system of reporting fires and their causes and effects.
3. Provide and coordinate training in firefighting and fire prevention and cooperate with educational institutions to provide and further such training.
4. Impound necessary evidence in conjunction with investigations of causes, origins and circumstances of fires, in the event that such evidence might be lost, destroyed or otherwise altered if not so impounded.
5. Employ specialized testing services to evaluate evidence and conditions involved in fire investigations.
6. Designate certain members of the SFM's staff as arson investigators.

The primary duty of investigators is the investigation, detections and apprehension of persons who have violated or are suspected of violating any provision of Arizona title 13, chapter 17. A person designated as an arson investigator, while engaged in arson investigation in this state, possesses and may exercise law enforcement powers of peace officer of this state. This subsection does not grant any powers of peace officers of this state to arson investigators other than those necessary for the investigation, detection and apprehension authority granted by this subsection. Any individual designated as an arson investigator shall have law enforcement training under Arizona § 41-1822.

Inspection; consent; search warrant

A. The fire marshal or his designated representative may investigate fire damage and shall carry out periodic inspection programs of buildings and premises to examine or inspect for fire hazards.

B. In carrying out such inspections or investigations the fire marshal or his designated representative shall identify himself to the owner or tenant of such building or premises and seek the consent of such owner or tenant to carry out such inspection. If such consent is refused, or it is not possible to reasonably obtain consent, the fire marshal or his designated representative shall obtain a search warrant for such building or property in compliance with the provisions of title 13, chapter 38, article 8.

C. When the fire marshal is assisting a local fire department in an investigation of fire damage, the authority of the local fire department to investigate such fire damage shall be deemed to include the fire marshal or his designated representative.

California Fire Marshal

Like most states, Californian Fire marshals are typically associated with a city or region's local fire department. Yet, California has two additional authorities that hold the official designations of Fire Marshal. One is the California Department of Forestry and Fire Protection (CAL FIRE).^[3] It is tasked with the building code enforcement of all structures and occupancies within the state. They have the authority to issue building permits, conduct building inspections and investigate code violations. California Fire marshals are designated peace officers.^[4] The person heading this office is officially designated as the State Fire Marshal.

The second authority designated as Fire Marshals is the Office of Statewide Health Planning and Development (OSHPD) who is the state building official for all California hospitals. They are tasked with the structural, electrical and fire/life safety reliability of all hospital construction in the state. This responsibility is paramount in California due to the frequency and intensity of earthquake seismic activity it experiences.

Florida Fire Marshal

The Florida Division of State Fire Marshal (SFM) is located within the Department of Financial Services, where Florida’s Chief Financial Officer (CFO) also serves as Florida’s State Fire Marshal.

The SFM office serves local fire departments who request assistance with conducting fire investigations and provides fire training colleges throughout the state. It is headquartered in Tallahassee, with numerous field offices located across the state.^[5]

The investigators working for the SFM office are sworn law enforcement officers, with powers to make arrests, conduct searches and seizures, serve summonses, and carry firearms. These law enforcement officers conduct complex investigations and have the ability to make arrests statewide. Investigators conduct thousands of fire related investigations each year, with approximately 45% being determined to be arson in 2009. Florida SFM investigators make arrest in 18% of the arson fires investigated, which is above the national average of 16%. Fire investigations are complex and potentially dangerous.^[6]

The Florida SFM Forensic Laboratory receives and examines over 10,000 evidence submissions every year. These submissions come from fire departments, police departments, sheriff’s offices and SFM investigators. The crime laboratory offers a wide variety of services to include examination of fire debris, explosives analysis, image reproduction and forensic video analysis. The forensic experts in the laboratory conduct consultations with investigators, prosecutors, and other attorneys on analyses and general aspects of forensic science. These consultations are often in preparation for expert witness testimony in criminal court.^[7]

The Florida SFM office issues over 3,000 basic fire fighter certifications every year. There are thirty five (35) certified training centers located across the state and the Florida State Fire College. The State Fire College trains over six thousand students per year in a wide variety of certification and professional development programs to include Pump Operator, Fire Officer, Fire Investigator, HAZMAT, etc.^[8]

The Florida SFM is responsible for inspecting over 14,000 state owned buildings every year. SFM code enforcement and inspection activities also reach over 16,000 public and private buildings; to include prisons, universities, public schools, thousands of fuel-fired boiler systems, hundreds of construction mining sites and explosive storage locations each year.^[9]

The Florida Fire Incident Reporting Section collects over 1,800,000 fire and emergency reports per year. These local fire department and fire service reports are combined with the other states reports in the National Fire Incident Reporting System (NFIRS) for use by the fire services in analysis and trends. The Florida reports are also used to form the basis for the SFM Annual Report "Florida Fires".^[10]

The SFM has authority to implement rules that conform to the standards of fire safety and the need to protect Floridians from fire hazards. Additionally, the SFM shall adopt and administer rules prescribing standards for the safety and health of occupants of educational and ancillary facilities pursuant to ss. 633.022, 1013.12, 1013.37, and 1013.371.

In any county that does not employ or appoint a local fire official, the State Fire Marshal shall assume the duties of the local fire official with respect to fire safety inspections of educational property required under s. 1013.12(2)(b), and the State Fire Marshal may take necessary corrective action as authorized under s. 1013.12(5).

New York City Fire Marshals

New York City Fire Marshal patch

New York City's Bureau of Fire Investigation, a division of the FDNY, currently employs about 100 fire marshals and 40 supervising fire marshals. The position of fire marshal is a promotional civil service title and all officers have served several years as active firefighters. Unlike many other jurisdictions, the New York marshals are armed police officers with full powers of arrest who generally work in pairs and investigate serious fires. Marshals undergo comprehensive police training to include annual weapons qualification at Camp Smith. Investigations are conducted in cooperation with the New York City Police Department, with whom they have a close relationship. Many fire marshals are former NYPD officers. In a typical year they are assigned about 4,000 fires within the five boroughs of the city. New York Fire Marshals often receive special training at the FBI academy in Quantico, Virginia, as well as attending investigative classes conducted by the NYPD and explosives training classes sponsored by the federal government in Socorro, New Mexico. Under New York State Consolidated Laws Article 35.00 section 35.20 "deadly physical force may be used in order to terminate or prevent commission of arson."

The city's first fire marshal, George H. Sheldon, was appointed in 1873, eight years after the reorganization of the fire department into a career department in 1865. Robert O. Lowery became the first African-American fire marshal in 1946. Lowery would ultimately rise to the top of the department, being appointed the city's fire commissioner in 1965.

Fire marshals have conducted a number of significant investigations, including the Triangle Shirtwaist Factory fire of 1911. They investigate insurance fraud involving arson, and more recently, potential terrorism. They also function as expert witnesses in arson cases. At times New York fire marshals work undercover and conduct surveillance operations. They also coordinate with federal, state and local law enforcement because arsonists are frequently involved in other criminal activity as well, and some investigations, like the 1993 bombing of the World Trade Center, require multiple agencies' skills.

The first line of duty NYC fire marshal deaths were from the September 11, 2001 attacks when Marshals Ronald Paul Bucca and James Devery, disregarding danger, rushed into the World Trade Center to assist in the rescue of civilians trapped within the towers. Devery led a wounded woman to safety, but Bucca, badge 317, a decorated Vietnam combat war veteran, died on the 78th floor of the south tower, one floor below the aircraft impact. The pair had worked on the 1993 investigation at the same site.

Professional training outside the state at the FBI Academy at Quantico, Virginia and other locations for New York City Marshals was made possible through federal counter-terror grants, subsequent to 9/11, actively supported by Mayor Mike Bloomberg.

New York State Executive Law, article 6c, sec 159, created an arson control board that mandated every jurisdiction prepare an arson control plan and a strong coordinated arson control program to include certification of investigators in compliance with NFPA 921 and UFPA 1033. A state standard of level I and level II fire investigator certification was developed. New York City Fire Marshal's training exceeds the requirements of level II.

Pennsylvania Fire Marshals

There are two levels of Fire Marshals in Pennsylvania, the state police fire marshal and the local fire marshal. The State Fire Marshal had been an independent office until powers and duties were transferred to the State Police in 1919. In 1927, the state (commonwealth) created the local fire marshal position underneath the state police, via an act of April 27, 1927 (P.L. 450, No. 291).

The Pennsylvania State Police (PSP) Fire Marshals are usually considered the final investigative authority for fires deemed exceptionally costly (over $1,000,000) or where a death has occurred. The local fire marshal notifies PSP Fire Marshals when he or she considers their involvement necessary. State law authorizes and identifies the local fire marshal as an “Assistant to the State Police Fire Marshal”. Local fire marshals are selected for their positions by the local fire chief and/or municipality. The State Police Commissioner (Colonel) then appoints them to the PSP office.

Local fire marshals are authorized to investigate fires, obtain and execute search documents, take evidence, and detain and question in the process of establishing origin and cause. This process may or may not result in affecting an arrest or prosecution. Both levels of Fire Marshals often testify in civil and criminal court proceedings, and respond and collaborate with insurance investigators. Along with state law, many municipalities have assigned local law enforcement officer (LEO) status to their respective fire marshals due to the nature of the service, requirements to detain, question or arrest, enforce fire safety related laws, and to protect themselves during potential high-risk investigations. (Some of the largest methamphetamine labs in the U.S. have been found in Pennsylvania during local fire marshal’s investigations.)

All municipalities and fire districts require fundamental fire training and substantial fire fighting experience, followed by progressive continuing fire investigation education supplied by the Pennsylvania State Police. Municipalities who have granted specific LEO status usually require either PA Act 120 or PA Act 235 training in addition.

Virginia Fire Marshals

The Virginia State Fire Marshal's Office is part of the Virginia Department of Fire Programs; the current marshal is Charles E. Altizer, P.E. The mission of the office is to provide safety to life and property from fire for the citizens of the Commonwealth. To do this, the Office:

• Utilizes inspectors and engineers to complete fire safety inspections in localities that do not have their own fire code official;
• Conducts building plan reviews for fire safety measures;
• Conducts construction inspections for fire safety systems in state buildings;
• Provides assistance to local building and fire code officials; and
• Responds to complaints and questions from private citizens.^[11]

Many of Virginia’s larger urban localities have their own local fire official. For example, Fairfax County's Office of the Fire Marshal has over 100 employees who are trained and certified to enforce a variety of fire prevention regulations including portions of the Uniform Statewide Building Code. The Office, which is the Fire Prevention Division of the Fire & Rescue Department’s Business Services Bureau, functions under the command of a Deputy Fire Chief, who is responsible for oversight of all aspects of the Office's mission, including supervision of the Fire Prevention Services (FPS) and Hazardous Materials & Investigative Services (HMIS) sections, each commanded by a Battalion Fire Chief. The mission is to prevent the inception or recurrence of fire and hazardous conditions by providing fire prevention and hazardous materials-related educational, enforcement, inspection, investigative, plans review, and technical services to the businesses, industries, residents, and visitors of Fairfax County and the towns of Clifton, Herndon, and Vienna.^[12]

Washington Fire Marshals

The Washington State Fire Marshal's Office is a Bureau within the Washington State Patrol. The Office of the State Fire Marshal provides services including incident reporting, data collection, code review, construction plan fire safety, fireworks and supervision of sprinkler installation.^[13]

United Kingdom

The American definition of a fire marshal should not be confused with that used in the United Kingdom. Fire marshals (sometimes known as "fire wardens") are civilians trained to assist in fire evacuation procedures at businesses and other organizations, usually employees.^[14]

There is no direct equivalent to a US fire marshal in the United Kingdom. The enforcement and Investigation role are carried out by two separate professionals known as Fire Investigators and Fire Inspectors.

Fire Investigators are highly trained and experienced firefighters or fire officers, who investigate cases of arson and other fire incidents where the cause of the fire is unclear or disputed. Fire investigations can also be carried out by Police Scenes of Crime Officers. Fire Investigators do not fulfill a direct law enforcement role, but instead act as expert witnesses in any prosecutions brought forward by the Police or Fire Service.

The enforcement of fire safety legislation is undertaken by Fire Safety Inspectors, or Fire Safety Officers as they are sometimes known.

UK Fire Officers do not have powers of arrests, but can place subjects under caution and prosecute anyone who has failed to comply with fire safety law. They also have the authority to close unsafe premises and investigate any actual perceived fire safety offence. They have substantial powers of entry. Most Fire Inspectors are experienced firefighters / fire officers, but there are also several civilian fire inspectors.

See also

• Fire police
• Women in firefighting

References