# requirements for fire marshalls Tx



## BSSTG (Aug 29, 2012)

Greetings all,

Here in Texas it seems like to be a fire marshall in a municipality you have to have peace officer certification as well as being a arson investigator. In previous locales where I've worked that has been the case.  In looking at our local charter and ordinances the only requirements are that they be "qualified". At the same time the ordinance states that the FM must administer oaths, take testimony and the like. No where does the charter or ordinance state the the FM need be a peace officer. However, there is an asterisk in the section title Fire Marshall*

It states

*State law references-Peace officer commissioned by the state fire marshall, V.T.C.A., Government Code 417.006; warrants for fire, health and code inspections, Vernon's Ann. C.C.P. art. 18.05

It appears to me that the intent is for the qualification for a fire marshall locally need be the same at the state requires but I'm not so sure. I would consult with our local atty. but he got fired the other day which really stinks I might add.

The reason I ask is that the mayor asked another city employee to be fire marshall. This fellow whom I know well is not even a licensed fire inspector. Not to be critical of the mayor but I don't think this fellow could be a FM regardless. I have had hopes of getting a genuine FM on board for a long lime to lighten the load so maybe they are working toward that end. Of course nobody ever asks my opinion though. We muddle on.

Opinions?

thanksabunch

BS


----------



## cda (Aug 29, 2012)

No you are not required to be a peace officer to be a fire marshal, unless the job description requires it

A non peace officer fire marshal can get administrative search warrants with no problem

The main reason a tx fm carries peace officer certification is to be certified by the state fire commission to be a certified arson investigator, which lets you arrest people mainly.

Problem with your mayors action is the state fire commission requires a fire inspector to be state certified to do annual required fire inspections, which I interpret to mean nursing homes, day cares, hospitals, anything some other agencies require an annual inspection of.     Some others interpret it to mean any inspection that is done, the fire inspector has to be state certified

One northern tx city fire dept was fined somewhat heavily for having non certified inspectors do inspections


----------



## cda (Aug 29, 2012)

From the state fire marshal web site;;;;

Questions on fire inspector certification

The commission continues to receive inquiries about a state law that requires anyone who conducts a fire code enforcement inspection to be certified as a fire inspector. Most of the questions concern code enforcement officers and building officials.

HB 3866 (81R)  , which went into effect Sept. 1, 2009 and applies to fire code inspections conducted after Sept. 1, 2011, added section §419.908 to the Texas Government Code. The law states, "Only an individual certified by the commission as a fire inspector may conduct a fire safety inspection required by a state or local law, rule, regulation or ordinance."

What this means is that if someone is enforcing a fire code or an ordinance related to fire codes adopted by statute or ordinance by a state, county or local government entity, that person must be certified by the commission. The emphasis is on FIRE codes or and the legal authority to enforce them.

Individuals who enforce building codes and nuisances codes (such as high grass, weedy lots or junk vehicles) under local ordinances, but who do not enforce fire codes or ordinances, do not need to be certified as fire inspectors.

For more information, please contact the commission at info@tcfp.texas.gov  or (512) 936-3838. (Chapter 419 of the Texas Government Code is also available on our website.)

http://www.tcfp.texas.gov/index.asp


----------



## cda (Aug 29, 2012)

If you have any other questions just post

As you see I have black and white answers along with my opinion


----------



## cda (Aug 29, 2012)

Do you have an all paid fire department???


----------



## BSSTG (Aug 30, 2012)

Greetings,

Yea I'm aware of the inspector cert being required now which I have. I had asked the mayor many moons ago if we ever hired someone else to help out my 1st choice would be a bona fide FM. The problem I have wiht the job description is that the FM will be required to administer oaths, take testimony and if there is eveidince of a crime he's supposed to get with the DA. That's where I'm a bit puzzled. Can a person do that without being a peace officer? By the way the fire department is voluntary. Here ya go. I was able to copy the section from municode.

ARTICLE II. - FIRE MARSHAL [42]

Sec. 42-36. - Office created.

Sec. 42-37. - Appointment.

Sec. 42-38. - Qualifications.

Sec. 42-39. - Taking of testimony.

Sec. 42-40. - Authority to summon witness and require production of documents.

Sec. 42-41. - Investigations may be private; sequestering witnesses.

Sec. 42-42. - Duty when evidence indicates crime in connection with fire.

Sec. 42-43. - Misconduct of witnesses summoned by fire marshal.

Secs. 42-44—42-75. - Reserved.

Sec. 42-36. - Office created.

 The office of fire marshal is hereby created. Such office shall be independent of other city departments, the fire marshal reporting directly to the mayor.

(Code 1985, § 9-16; Code 2000, § 42-36)

Sec. 42-37. - Appointment.

 Pursuant to the Charter section 7.07, the position of fire marshal shall be filled by appointment by the mayor, by and with the consent of the city council.

(Code 1985, § 9-17; Code 2000, § 42-37)

Charter reference— City fire marshal, § 7.07.

Sec. 42-38. - Qualifications.

 The fire marshal shall be properly qualified for the duties of his office.

(Code 1985, § 9-18; Code 2000, § 42-38)

Sec. 42-39. - Taking of testimony.

(a)

The fire marshal, when, in his opinion, further investigation is necessary, shall take or cause to be taken the testimony, under oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing.

(b)

The fire marshal is hereby authorized and empowered to administer oaths and affirmations to any person appearing as witnesses before him.

(Code 1985, § 9-19; Code 2000, § 42-39)

Sec. 42-40. - Authority to summon witness and require production of documents.

 The fire marshal shall have the power to summon witnesses before him to testify in relation to any matter which is, by the provisions of this article, a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto.

(Code 1985, § 9-20; Code 2000, § 42-40)

Sec. 42-41. - Investigations may be private; sequestering witnesses.

 All investigations held by or under the direction of the fire marshal may, at his discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other until they have been examined.

(Code 1985, § 9-21; Code 2000, § 42-41)

Sec. 42-42. - Duty when evidence indicates crime in connection with fire.

 If the fire marshal is of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with any fire, he shall cause such person to be lawfully arrested and charged with such offense, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all information obtained by him, including a copy of all pertinent and material testimony taken in the case.

(Code 1985, § 9-22; Code 2000, § 42-42)

State law reference— Investigation of fires, V.T.C.A., Government Code § 417.007.

Sec. 42-43. - Misconduct of witnesses summoned by fire marshal.

 Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of the fire marshal, or who fails or refuses to produce any book, paper or document touching any matter under examination, or who is guilty of any contemptuous conduct during any of the proceedings of the fire marshal in the matter of an investigation or inquiry authorized by this Code, after being summoned to give testimony in relation to any matter under investigation as aforesaid, shall be deemed guilty of a misdemeanor; it shall be the duty of the fire marshal to cause all such offenders to be prosecuted.

(Code 1985, § 9-23; Code 2000, § 42-43)

Secs. 42-44—42-75. - Reserved.

--------------------------------------------------------------------------------

FOOTNOTE(S):

--------------------------------------------------------------------------------

(42) State Law reference— Peace officer commissioned by the state fire marshal, V.T.C.A., Government Code § 417.006; warrants for fire, health and code inspections, Vernon's Ann. C.C.P. art. 18.05. (Back)

BS


----------



## cda (Aug 30, 2012)

""""The fire marshal shall be properly qualified for the duties of his office. """"

sounds like a problem here if the person is not even certified as a fire inspector!!!!!!

this language looks like it is from your ahj and not the state:::     not sure if it meets state law, or constitutional law, the DA, Judge, and state may have a little problem if someone follows this section

(Code 1985, § 9-18; Code 2000, § 42-38)

Sec. 42-39. - Taking of testimony.

(a)

The fire marshal, when, in his opinion, further investigation is necessary, shall take or cause to be taken the testimony, under oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing.

(b)

The fire marshal is hereby authorized and empowered to administer oaths and affirmations to any person appearing as witnesses before him.

(Code 1985, § 9-19; Code 2000, § 42-39)

Sec. 42-40. - Authority to summon witness and require production of documents.

The fire marshal shall have the power to summon witnesses before him to testify in relation to any matter which is, by the provisions of this article, a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto.

(Code 1985, § 9-20; Code 2000, § 42-40)

Sec. 42-41. - Investigations may be private; sequestering witnesses.

All investigations held by or under the direction of the fire marshal may, at his discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other until they have been examined.

(Code 1985, § 9-21; Code 2000, § 42-41)

Sec. 42-42. - Duty when evidence indicates crime in connection with fire.

If the fire marshal is of the opinion that there is evidence sufficient to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with any fire, he shall cause such person to be lawfully arrested and charged with such offense, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all information obtained by him, including a copy of all pertinent and material testimony taken in the case.

there is this article in the CCP:

http://law.onecle.com/texas/criminal-procedure/chapter50.html

and in goes from art. 50.01 to 50.07


----------



## cda (Aug 30, 2012)

do you know if any fire marshal has actualy conducted an arson investigation beyond just origin and cause??? and the person was not a peace officer???


----------



## cda (Aug 30, 2012)

some cities the fire department will do the origin and cause, and if they see signs of arson, hand the crimminal investigation over to the police department, and they chase after the bad guy.

some cities the fire department does the origin and cause, and if signs of arson they chase after the bad guy, but I do not know ofa anyone that does this set up that is not a certified peace officer as well as a fire department investigator/ fire marshal.

the other thing I do know that a few cities a person will carry the title fire marshal, but they do not do any fire marshal duities!!!!!!!!!!


----------

