A fire marshal, in the United States

United States

The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 and Canada

Canada

Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, 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

Fire safety

Fire safety refers to precautions that are taken to prevent or reduce the likelihood of a fire that may result in death, injury, or property damage, alert those in a structure to the presence of a fire in the event one occurs, better enable those threatened by a fire to survive, or to reduce the...

 enforcement and/or investigating fires for origin and cause. Fire marshals may be sworn law-enforcement officers and are often experienced firefighter

Firefighter

Firefighters are rescuers extensively trained primarily to put out hazardous fires that threaten civilian populations and property, to rescue people from car incidents, collapsed and burning buildings and other such situations...

s.

A fire marshal's duties vary by location. Fire marshals may carry a weapon

Firearm

A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...

, wear a badge

Badge

A badge is a device or fashion accessory, often containing the insignia of an organization, which is presented or displayed to indicate some feat of service, a special accomplishment, a symbol of authority granted by taking an oath , a sign of legitimate employment or student status, or as a simple...

, and make arrests pertaining to arson

Arson

Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...

 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.

Ontario

Ontario Fire Marshals provide advisory services to local fire departments and assist in code writing and enforcement.

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. See also http://azfiretraining.org/Home_Page.php 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 (CalFire). 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. 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.

For the full delineation of Florida Fire Marshal-related statutes, visit this link: Statutes

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. The LEO’s 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. To learn more about this field and its practice in Florida, click the link to the Bureau of Fire and Arson Investigations.

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. To learn more about this field and its practice in Florida, click the link to the Bureau of Forensic Fire and Explosive Analysis.

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. To learn more about these fields and their practice, click the link to the Bureau of Fire Standards and Training.

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. To learn more about this field and its practice, click the link to the Bureau of Fire Prevention.

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". To learn more about incident reporting, click the link to Fire and Emergency Incident Reporting Section.

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's Bureau of Fire Investigation, a division of the FDNY

New York City Fire Department

The New York City Fire Department or the Fire Department of the City of New York has the responsibility for protecting the citizens and property of New York City's five boroughs from fires and fire hazards, providing emergency medical services, technical rescue as well as providing first response...

, currently deploys 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

Camp Smith (New York)

Camp Smith is a military installation of the New York Army National Guard in Cortlandt Manor near Peekskill, NY, about north of New York City, at the northern border of Westchester County, and consists of...

 for all officers with all firearms available to the NYPD, including shotguns and sub machine guns. Often, investigations are conducted in cooperation with the New York 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 borough

Borough (New York City)

New York City, one of the largest cities in the world, is composed of five boroughs. Each borough now has the same boundaries as the county it is in. County governments were dissolved when the city consolidated in 1898, along with all city, town, and village governments within each county...

s of the city. New York Fire Marshals often receive special training at the FBI academy in Quantico, Virginia

Quantico, Virginia

- Demographics :As of the census of 2000, there are 561 people, 295 households, and 107 families living in the town. The population density is . There are 359 housing units at an average density of .-Racial composition:...

, as well as attending investigative classes conducted by the NYPD. Marshals also are now attending federal explosives training classes sponsored by the federal government in Socorro, New Mexico

Socorro, New Mexico

Socorro is a city in Socorro County in the U.S. state of New Mexico. It stands in the Rio Grande Valley at an elevation of . The population was 9,051 at the 2010 census...

. 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

Robert O. Lowery

Robert Oliver Lowery was sworn in as the 21st Fire Commissioner of the City of New York by Mayor John V. Lindsay on January 1, 1966 and served in that position until his resignation on September 29, 1973.-Biography:...

 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

Triangle Shirtwaist Factory fire

The Triangle Shirtwaist Factory fire in New York City on March 25, 1911, was the deadliest industrial disaster in the history of the city of New York and resulted in the fourth highest loss of life from an industrial accident in U.S. history...

 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

World Trade Center

The original World Trade Center was a complex with seven buildings featuring landmark twin towers in Lower Manhattan, New York City, United States. The complex opened on April 4, 1973, and was destroyed in 2001 during the September 11 attacks. The site is currently being rebuilt with five new...

, require multiple agencies' skills.

No fire marshal had ever died in the line of duty until September 11, 2001

September 11, 2001 attacks

The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...

 when Marshals Ronald Paul Bucca

Ronald Paul Bucca

Ronald Paul Bucca is the only fire marshal in the history of the New York City Fire Department to ever be killed in the line of duty.-Military career:...

 and James Devery, disregarding danger, rushed into the World Trade Center

World Trade Center

The original World Trade Center was a complex with seven buildings featuring landmark twin towers in Lower Manhattan, New York City, United States. The complex opened on April 4, 1973, and was destroyed in 2001 during the September 11 attacks. The site is currently being rebuilt with five new...

 to assist in the rescue of fire victims. 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

FBI Academy

The FBI Academy, located in Quantico, Virginia, is the training site for new Special Agents of the United States Federal Bureau of Investigation. It was first opened for use in 1972 on 385 acres of woodland. It is a relatively small government academy, housing three dormitory buildings and...

 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

Commonwealth

Commonwealth is a traditional English term for a political community founded for the common good. Historically, it has sometimes been synonymous with "republic."More recently it has been used for fraternal associations of some sovereign nations...

) 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 cause and origin. 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.

Washington Fire Marshals

The Washington State Fire Marshal's Office is a Bureau within the Washington State Patrol

Washington State Patrol

The Washington State Patrol is the state police agency for the State of Washington. The first six motorcycle patrolmen of the Highway Patrol were commissioned September 1, 1921. The agency was renamed to Washington State Patrol in June 1933. In 1925 William Cole was appointed as the first...

. 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.

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.

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 Officer

Fire Safety Officer

In the United Kingdom Fire and Rescue Service a Fire Safety Officer is a firefighter who has attained the rank of Sub-Officer or above, and transferred from front line operational service into the Fire Safety Department.The term "Fire Officer" may also refer to a Fire Safety Inspector who is of...

s 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.