Constables, Marshals, and More: Forgotten Offices in Texas Law Enforcement

Chapter 9 • Fire Marshal

Chapter 9 Fire Marshal Introduction Fire can leave significant damage in its wake, including property damage, environmental devastation, and even death. There are many causes of fires including accidents, weather-related causes like lightning, faulty wiring, etc. When a fire is set deliberately or occurs due to negligence, police treat it as a crime of arson. Arson is the second leading cause of death in residential fires and is responsible for 500 deaths every year nationwide. Property damage from arson is estimated to cost $900 million each year.1 Arson has always been a crime, but in 1978 it was elevated to the status of Index Crime. In 1982 Congress passed the Anti-Arson Act, which made the crime of arson a permanent part of the Uniform Crime Reports Part I offenses.2 Basically, this piece of legislation reaffirmed that arson is worthy of being an Index Crime. Other crimes may also fit within the definition of fire-related. These include insurance fraud and crimes where a fire is set to cover up another crime. The most common reason for arson is in fact financial difficulties.3 Homicide and burglaries are also crimes that frequently relate to fires.4 Due to the seriousness of fires and fire-related crimes, it is necessary for law enforcement and fire personnel to specialize in this area. The best combination of specialization has proven to be an officer who combines law enforcement and fire skills. This is where the fire marshal comes in. 95 96 Constables, Marshals, and More History of the Position Seventeen different state-level fire marshal offices existed in the United States in 2004. These offices are separate from the more familiar fire departments. These offices employed 454 full-time sworn officers.5 In Texas, the State Fire Marshal’s Office (SFMO) operates through the Texas Department of Insurance and employs 16 officers including four K-9 Investigators.6 The State Fire Marshal’s Office began in 1910. Originally, the Commissioner of Insurance or a member of the State Board of Insurance filled this position. In 1975, the state legislature passed a law requiring the State Fire Marshal to be a commissioned peace officer. The State Fire Marshal’s Office became a part of the Texas Department of Insurance on September 1, 1997.7 Through the years, the state legislature has added official duties to the State Fire Marshal’s Office by passing a variety of laws aimed at fire prevention , safety, or regulation. In 1917, fire/arson investigative authority and fire safety authority came under their purview. The Texas Fire Escape Law passed in 1923. Fireworks regulation came about in 1957. In 1969, the Flammable Liquids Law and the Fire Extinguisher Law both passed. Fire Alarm laws passed in 1975 and in 1983, Automatic Fire Sprinkler laws and Smoke Detectors in Hotels laws passed. Fire prevention education became an official duty in 1985. Most recently, a Fire Department Emergency Board emerged in 1989.8 Each of these laws created a new duty for the SFMO. Sometimes this means inspections or monitoring, and sometimes this means enforcement. Modern Fire Marshals Fire marshals are responsible for conducting arson investigations, undertaking fire inspections, and enforcing fire codes. They may hold employment with local or county agencies or by the Texas State Fire Marshal’s Office. Regardless of position, all fire marshals are certified fire/arson investigators, and licensed peace officers.9 Fire marshals may also be involved in licensing or monitoring companies in the business of providing fire protection equipment. This may include sprinkler systems, alarms, fire extinguishers, and other equipment.10 Monitoring of companies who install fire equipment can mean signing off on proper installation so a building can be occupied. State Fire Marshal investigators are often involved in Fire Safety Inspec- Chapter 9: Fire Marshal 97 tion Services for public and private buildings. Buildings owned by the state, or housing elderly care, daycare or other dependent care, foster homes, hospitals , and universities or colleges are all subject to Fire Safety Inspections. As a follow up, the State Fire Marshal’s Office will also conduct the inspection after a fire in any of these buildings.11 Qualifications to be a Fire Marshal Like many jobs in law enforcement, a fire marshal’s position requirements may vary slightly by department. The following is a list of requirements for fire marshal in Fort Bend County: • High school diploma or GED • 1 year...