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Fire marshal

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A "no smoking" sign at a gas station by order of the state fire marshal. The fire marshal is often charged with enforcing fire-related laws.

For the same job role in the UK, see Fire Safety Inspector.

A fire marshal, in the United States and Canada, 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 enforcement and/or investigating fires for origin and cause. Fire marshals may be sworn law-enforcement officers and are often experienced firefighters.

A fire marshal's duties vary by location. Fire marshals may carry a weapon, wear a badge, and make arrests pertaining to arson and related offenses, or, in other localities, may have duties entirely separate from law enforcement, including building- and fire-code-related inspections. In many states and provinces, the fire marshal is responsible for enforcing laws concerning flammable materials.

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[edit] Canadian Fire Marshals - Ontario

Canadian Fire Marshals provide advisory services to local fire departments and assist in code writing and enforcement.[1]

[edit] 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.[2] 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.[3]

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.

[edit] New York City Fire Marshals

New York City Fire Marshal patch

New York City's Bureau of Fire Investigation, a division of the FDNY, 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 for all officers with all firearms available to the N.Y.P.D., including shotguns and submachine 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 N.Y.P.D. officers. In a typical year they are assigned about 4,000 fires within the five boroughs of the city. New York Fire Marshals often receive special training at the F.B.I. academy in Quantico, as well as attending investigative classes conducted by the N.Y.P.D. Marshals also are now attending federal explosives training classes sponsored by the Federal Government at Socorro New Mexico. 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 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 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, require multiple agencies' skills.

No fire marshal had ever died in the line of duty until September 11, 2001 when Marshals Ronald Paul Bucca and James Devery, disregarding danger, rushed into the World Trade Center 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 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[citation needed].

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.

[edit] Washington Fire Marshals

The Washington State Fire Marshal's Office is a Bureau within the Washington State Patrol. 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. [4]

[edit] Other Countries

[edit] 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.[5]

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 Officers 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.

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