Laurie L. Christensen Fire Marshal Ryan D. Holzaepfel Fire Marshal Chris Lopez Fire Marshal
INTRODUCTION A County Fire Marshal LGC 352.011 Shall Investigate the cause of fires and record; May Inspect for fire or life safety hazards; May Review building plans for fire safety; and Shall Coordinate with volunteer fire departments in the county.
FACTS AUTHORITY TO ADOPT AND ENFORCE FIRE CODE. (a) The commissioners court of a county with a population of over 250,000 or a county adjacent to a county with a population of over 250,000 may adopt a fire code and rules necessary to administer and enforce the fire code. Counties are not required to have a fire marshal Not all counties have a fire marshal Counties are not required to adopt a fire code Not all counties have the authority to adopt a fire code Some counties have a fire marshal but no fire code (NFPA standards adopted by the state)
How does this affect OEM? Often, the Emergency Management Coordinator is the person called upon when a safety situation arises within the county, especially if there is not an appropriate fit for the situation. Certain events may cause the EMC of a county to initiate the creation of a County Fire Marshal s Office, or be involved in its inception.
Possible Issues Unsafe construction of buildings; Built to no specific recognized code; Unsafe wiring (extension cords spliced as wiring); Notable fires due to fire hazards in the jurisdiction; Fire alarms or Fire protections systems inoperable; Unsafe storage of hazardous materials; All of these can be exacerbated by a county experiencing rapid growth.
Suburban counties dominate the top 10 fastest-growing counties in Texas County 2010 pop. 2017 pop. Change Hays 158,203 214,485 35.6% Kendall 33,625 44,026 30.9% Fort Bend 590,286 764,828 29.6% Comal 109,251 141,009 29.1% Williamson 426,325 547,545 28.4% Denton 666,750 836,210 25.4% Montgomery 459,185 570,934 24.3% Collin 788,442 969,603 23% Rockwall 78,904 96,788 22.7% Midland 136,979 165,049 20.5%
Provide Safety for Citizens Having fire inspections helps ensure the public isn t being put at risk when they visit commercial establishments. Having building plans reviewed helps ensure safe and quality buildings will be constructed in unincorporated areas. Helps prevent the abuse of unincorporated areas of a county.
County Fire Marshal s are Necessary http://www.latimes.com/local/california/92080554-132.html
Important Statutes & Agencies Local Government Code Ch. 352 Authority to appoint a fire marshal. Local Government Code Ch. 233 Authority to adopt a fire code. Texas Commission on Fire Protection Standards for Fire Inspector and Investigator certifications, department regulation. Texas Commission on Law Enforcement Peace Officer License, department regulation.
Other Qualifications TCFP Requires the Head of a Department to have served 5 years full-time as an inspector or firefighter. Volunteer experience may count toward the requirements. If the Fire Marshal is not a Peace Officer, there must be someone employed (ex. Deputy Fire Marshal) that may conduct said duties. Currently all appointed county fire marshals are peace officers as defined in CCP 2.13 (35)
Maverick Waller Grimes Franklin Applicable Statutes County Fire Marshals Local Gov t Code 352, Subchapter B. County Fire Marshal. Local Gov t Code 233, Subchapter C. Fire Code in Unincorporated Area. Health & Safety Code 775. Subchapter C. ESD Fire Code. Health & Safety Code 775. Subchapter F. ESD Fire Marshal. DRAFT for 2018 El Paso Hudspeth Potter Lamb Hale Floyd Hockley Lubbock Crosby Terry Lynn Garza Midland Crockett Kerr Bandera Gillespie Medina Wise Cooke Grayson Fannin Denton Rockwall Palo Parker Wood Tarrant Dallas Upshur Pinto Van Kaufman Zandt Harrison Hood Gregg Johnson Ellis Smith Erath Henderson McLennan Falls Burnet Milam Williamson Blanco Wilson Coryell Travis Bexar Guadalupe Bell Bastrop Hays Kendall Comal Caldwell Lee Collin Austin Hunt Wharton Walker San Jacinto Fort Bend Houston Montgomery Harris Brazoria Liberty Galveston Hardin Chambers Orange Jefferson Atascosa Austin Bandera Bee Bell Bexar Brazoria Caldwell Cameron Chambers Collin Comal Cooke Crockett Dallas Denton El Paso Ellis Erath Fort Bend Franklin Frio Gillespie Grayson Gregg Guadalupe Hardin Harris Harrison Hays Henderson Hidalgo Hood Houston Hunt Kaufman Kendall Kerr Lampasas Liberty Midland Montgomery Palo Pinto Parker Potter Rockwall San Jacinto San Patricio Smith Tarrant Travis Upshur Van Zandt Victoria Waller Wilson Williamson Wise Wood Zapata Counties in RED have adopted fire codes 57 24 9 49 Have appointed a County Fire Marshal Have adopted a county fire code Eligible to adopt CFC, 250K population Eligible to adopt CFC, adjacent to 250K Emergency Service Districts (ESDs) in four counties have adopted fire codes: El Paso Hays Travis Williamson Dimmitt Frio Webb Zapata Atascosa LaSalle McMullen Starr San Patricio Jim Duval Wells Nueces Jim Hogg Bee County Kleberg Brooks Kenedy Willacy Hidalgo Cameron Victoria Refugio Matagorda Prepared by the Harris County Fire Marshal s Office from information provided by the 2010 U.S. Census, Texas Statutes, and other counties. For corrections and updates, contact: Fire Laurie L. Christensen llc@hctx.net 713-274-1777 Updated 12/2017
Legal Authority to Establish a Fire Marshal s Office Local Government Code Ch. 352 Must be adopted through commissioners court Term not to exceed two years Specifies qualifications for office Minimum requirements per statute yet, requirements under TCFP are stated Establishes duties of fire marshal Fill each jurisdictions needs expansion is inevitable
LGC 352 Subchapter B Sec. 352.011. CREATION OF OFFICE; TERM. (a) The commissioners court of a county may establish the office of county fire marshal and provide office facilities, equipment, transportation, assistants, and professional services for that office. (b) The commissioners court shall establish the term of office for a county fire marshal for a period not to exceed two years.
Sec. 352.012. QUALIFICATIONS FOR OFFICE. (a) To qualify for office, the county fire marshal must take the oath prescribed by the constitution of this state and post a bond as required by the commissioners court conditioned that the marshal will faithfully and strictly perform the duties of the office. (b) The county fire marshal may not be directly or indirectly interested in the sale of fire-fighting equipment and may not be engaged in any type of fire insurance business.
FIRE INVESTIGATIONS [Sec. 352.013 (c)] In the performance of official duties, the county fire marshal, at any time of day, may enter and examine a structure where a fire has occurred and may examine adjacent premises.
ARSON INVESTIGATIONS [Sec. 352.015] (a) If the county fire marshal determines that further investigation of a fire or of an attempt to set a fire is necessary, the marshal may: (1) subpoena witnesses to testify regarding the fire or attempt; (2) administer oaths to the witnesses;
ARSON INVESTIGATIONS (3) take and preserve written statements, affidavits, and depositions; and (4) require the production of an instrument that is pertinent to the investigation. (b) The county fire marshal shall file in a court of competent jurisdiction a complaint charging arson, attempted arson, conspiracy to defraud, or any other crime against a person the marshal believes to be guilty.
ARSON INVESTIGATIONS (c) The county fire marshal shall file charges under Section 352.021 in a court of competent jurisdiction against a witness who refuses to cooperate with the investigation. The standard as we all know is NFPA 1033 and 921 Don t forget the required 17 competencies
FIRE INSPECTIONS [Sec. 352.016 (b)] In the interest of safety and fire prevention, the county fire marshal may inspect for fire or life safety hazards any structure, appurtenance, fixture, or real property located within 500 feet of a structure, appurtenance, or fixture. We are being called in more and more for game rooms, massage parlors, SOB, and Human Trafficking
PLANS REVIEW [Sec. 352.016 (b-1)] In the interest of safety and fire prevention, the county fire marshal shall, if required, and may, if requested, review the plans of a business, singlefamily residence, multifamily dwelling, or commercial property for fire or life safety hazards.
Orders for Correction [Sec. 352.016 (b)] If the marshal determines the presence of a fire or life safety hazard, the marshal may order the owner or occupant of the premises to correct the hazardous situation. If ordered to do so, an owner or occupant shall correct the hazardous situation in accordance with the order. Failure to comply is a Class B Misdemeanor. TFMA is supporting legislation to reduce to Class C so FMO can write citations.
Fees The fire marshal may charge fees for plans reviews and inspections according to Sec. 352.016 (c) and Sec 352.016 (d). Special funds are created for Fire Code, must be spent on the cost of doing business, Todays political climate is to ensure cost recovery for doing business, use your commissioners court to work through this.
PEACE OFFICER REQUIREMENT [Sec. 352.017] (b) Service of process required by this subchapter shall be made by a peace officer and shall be signed by the county fire marshal or the fire marshal's deputy. Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace officers: (7) each member of an arson investigating unit commissioned by a city, a county, or the state; (35) the fire marshal and any related officers, inspectors, or investigators commissioned by a county under Subchapter B, Chapter 352, Local Government Code.
Cooperation with Other Agencies [Sec. 352.019] (a) The county fire marshal shall enforce all state and county regulations that relate to fires, explosions, or damages of any kind caused by a fire or explosion. Example: DR-01.001 Authority of the County Fire Mrshal's Office rev 3.pdf
Cooperation with Other Agencies [Sec. 352.019] (b) The county fire marshal shall coordinate the work of the various fire-fighting and fire prevention units in the county. On request, the county fire marshal may assist a rural fire prevention district or emergency services district located wholly or partially in the county to accomplish its powers and duties.
(c) The county fire marshal or the county fire marshal's designee may perform as the incident commander in a major event if the incident commander of the responsible fire department consents. The county fire marshal may not enforce orders and decrees within a municipality in the county unless specifically required to do so by interlocal agreement and may act in a cooperative and advisory capacity there only on request.
(d) The county fire marshal shall cooperate with the state fire marshal to conduct fire prevention and fire-fighting activities or postfire investigations. The county fire marshal shall aid or conduct an investigation in a municipality if requested by the state fire marshal, the municipality, or the fire chief of the municipality.
(e) A county commissioners court may authorize the fire marshal to provide training programs and operate a training facility for the various fire-fighting and fire prevention units in the county. The county may establish and collect a reasonable fee for the training programs, use of the facility, and services provided by the facility.
(f) The commissioners court and county fire marshal may jointly adopt voluntary guidelines, including voluntary funding guidelines, for fire departments located in unincorporated areas of the county, including fire departments located within rural fire prevention districts or emergency services districts, regarding participation in the Texas
Fire Incident Reporting System (TXFIRS) or the National Fire Incident Reporting System (NFIRS), or both.
Authority to Adopt a Fire Code Local Government Code Ch. 233 Each county performs their process differently, Funds must be kept in separate special fund, Currently all have adopted International Fire Code and some also NFPA 101
Sec. 233.061. AUTHORITY TO ADOPT AND ENFORCE FIRE CODE. (a) The commissioners court of a county with a population of over 250,000 or a county adjacent to a county with a population of over 250,000 may adopt a fire code and rules necessary to administer and enforce the fire code. (b) The commissioners court, or any municipality in the county, may contract with one another for the administration and enforcement of the fire code.
[Sec. 233.0615] (1) "Building" includes an establishment or multifamily dwelling. (2) "Substantial improvement" means:
(A) the repair, restoration, reconstruction, improvement, or remodeling of a building for which the cost exceeds 50 percent of the building's value according to the certified tax appraisal roll for the county for the year preceding the year in which the work was begun; or (B) a change in occupancy classification involving a change in the purpose or level of activity in a building, including the renovation of a warehouse into a loft apartment.
Application of Fire Code [Sec. 233.062] (a) The fire code applies only to the following buildings constructed in an unincorporated area of the county: (1) a commercial establishment; (2) a public building; and (3) a multifamily residential dwelling consisting of four or more units.
(b) The fire code does not apply to an industrial facility having a fire brigade that conforms to requirements of the Occupational Health and Safety Administration.
(c) The fire code must: (1) conform to: (A)the International Fire Code, as published by the International Code Council, as the code existed on May 1, 2005; or (B) the Uniform Fire Code, as published by the National Fire Protection Association, as the code existed on May 1, 2005; or
(2) establish protective measures that exceed the standards of the codes described by Subdivision (1). (d) The commissioners court may adopt later editions of a fire code listed in Subsection (c).
Building Permit [Sec. 233.063] Allows the requirement of a building permit and charging of permit fees.
Inspections [Sec. 233.064] (a) The county shall inspect a building subject to this subchapter to determine whether the building complies with the fire code. (b) The commissioners court may provide that a county employee or an employee of another governmental entity under intergovernmental contract may perform the inspection.
Issue Certificate of Compliance [Sec. 233.063] (f) The county shall issue a final certificate of compliance to the owner of a building inspected under this section if the inspector determines, after an inspection of the completed building, that the building complies with the fire code.
Fire Code Fees [Sec. 233.065] Allows fees to be charged for inspections and permits, but only allows the fees to be utilized for administration and enforcement of the fire code.
Enforcement [Sec. 233.066 and Sec. 233.067] Fire code may be enforced by injunctive relief or a civil penalty of up to $200/day. Amounts may only be used for administration and enforcement of the fire code.
Structure of a County Fire Marshal s Office Varies according to each county and organization. Some have 1-5 staff members, others up to 100, Many FMO take on the roll of EM, Hazmat, Training, and any other duties they are a specialized type agency
Fire Executive Management Training (FEMT) Texas Fire Marshal s Association and Sam Houston Law Enforcement Management Institute have created Fire Executive Management Training for Fire Marshal s. First of it s kind in the nation, it is a mixture of municipal, esd, state, and county fire marshals We will continue to see more roles established in counties needing a Fire Marshal we are ready to help you with this process!
Questions?