An increase in commercial and residential development is often favorable to the community. However, city and county leaders must find a balance in saluting the growth, while also continuing to manage the will and needs of the citizens. It can be debated if the exponential changes are good because the increase can put a strain on planning/zoning, permitting, and inspections resources. Although many of these components are already functions of most municipalities, some local governments have chosen to take it a step further and establish an independent fire marshal or fire official position to assist with the increase in demand.

The fire marshal has typically been assigned to a fire department, and oversees fire and life safety plan review, permitting fire protection systems, occupancy inspections, fire safety education, and fire investigations. The fire departments are not immune to demands caused by the influx of projects. Several cities in Georgia, including Brookhaven, Tucker, Stockbridge, Hampton, and Locust Grove, established the fire marshal as a position within community development departments. These cities are served by their county fire departments, who normally hold the responsibility of reviewing and inspecting new and existing commercial occupancies. The city fire marshal position allows the cities to acquire control over the entire permitting process, including timeline from submittal to earning a certificate of occupancy. 

Establishing a fire marshal position

The orientation of the city fire marshal begins with establishing the roles, rules, and guidelines of the position. In Georgia, the Office of Commissioner Insurance and Safety Fire includes the state fire marshal, who oversees the rules and regulations that govern the education, training, and operational requirements of the position. When city management decides to hire their own fire marshal, they must do so with knowledge of what is expected and what is allowed of this new hire. This knowledge can particularly present obstacles because some city officials are not privy to what a fire marshal does. It must be decided if the fire marshal will only perform inspections and plan review, or if that person will also perform fire investigations, and provide fire safety education to the community. 

The Georgia State Fire Marshal requires a resolution and/or an intergovernmental agreement to be signed by city officials that acknowledges the adoption of all state minimum fire and building codes and must be presented to the local fire department and county officials to acknowledge the transfer of authority. Due to the specific knowledge requirements, these tasks may be left for the new fire marshal to complete prior to officially beginning duties.

The new fire marshal would also have to write ordinances, create a fee schedule, or adopt what the county fire department already has in place to remain consistent with fire apparatus access, and create emergency operational requirements. 

Addressing the challenges

Establishing this new position does not come without challenges. The city officials must understand that the fire marshal has legal obligations to perform the duties ethically, and with safety of first responders and public always in the forefront. Some city officials or department managers can get accustomed to making decisions that support the developer, without the knowledge or consideration of fire code requirements. The fire marshal is tasked with making unpopular and sometimes costly decisions, supported by fire codes and ordinances. 

The city would have to learn to consult with the fire marshal and include them in discussions about proposed projects and businesses as early as possible in order to address potential issues. Other complications may come from maintaining a good working relationship with the local fire department. With the cities gaining this new control over permitting and inspections, this also means that the fire departments are losing that control and revenue. This may strain the working relationship and communication between the department and city on certain topics. Therefore, it is important to establish channels of communication early, set the parameters, and attempt to earn mutual respect. 

The city fire marshal may also face issues that are not typical for a department fire marshal, as being the sole person responsible for inspections, plan review, and investigations. The department fire marshal typically has a staff to assist with those tasks. As a city fire marshal, responsibilities may fall to one qualified individual. Due to budgeting, cities are often reluctant to hire additional specialized personnel, so the city fire marshal would have to function in on-call status, as it relates to fire investigations and after-hour emergencies. This is why roles and responsibilities must be decided at the inception of the position.

Establishing a budget line for the position

Finally, it is imperative that if city officials decide that hiring their own fire marshal has more pros than cons they should also consider establishing a separate budget line for the position. There are specific items that this position may require that are not currently being accounted for in the community development budget or the general fund of the city. Some of those items may include specific training and continuing education, equipment, vehicle, and vehicle upfitting for emergency response. Also, if the new fire marshal is a mandated law enforcement officer, as most fire marshals are, the specific training hours and additional liabilities would have to be addressed.

Consider contracting the responsibilities

These are some of the major areas of concern that administrators must keep in mind when deciding if this is a direction that they would like to go. Some municipalities have also opted to contract the plan review and building inspections responsibilities with established companies.

For the sake of keeping the contract, one can venture to say that a company may perform in a manner that supports growth instead of safety first. Additionally, the company may not approve projects that support the operational needs of the responding fire department. Enforcement of fire codes, standards, and ordinances also affect the Public Protection Classification or ISO Rating assigned by the Insurance Services Office to the fire departments. This rating scale from 1-10, with the lower number being better, is assigned based on many factors. Fire prevention is a key part of the review process; therefore, it is imperative that whoever is providing the fire marshal services for the city is doing so with this in mind. The ISO rating affects the homeowner’s insurance rates, which has a direct impact on all of the citizens in the fire department’s service area.