Hagerstown City Fire Marshal's Office Authority

The Hagerstown City Fire Marshal’s office is established under the City of Hagerstown’s Charter, specifically Article 1: Fire Prevention and Life Safety Standards, Chapter 98-3, Enforcement  


A. The Fire Chief of the Hagerstown Fire Department shall be ultimately responsible for the enforcement of the provisions of this chapter. The Fire Chief may detail qualified members of the Department as inspectors as shall from time to time be necessary. To assist in the performance of the responsibilities and duties placed upon the Fire Chief of the Hagerstown Fire Department, the Fire Marshal's Office of the City of Hagerstown, Maryland, is hereby created.
B. This Office or Bureau shall operate under the supervision of the Fire Chief of the Hagerstown Fire Department. Assisting the Fire Chief shall be the Fire Marshal, who shall be the administrator of the Hagerstown City Fire Marshal's Office and have responsibility for the overall activities of the Fire Marshal's Office.
C. The Hagerstown City Fire Marshal's Office shall consist of the Fire Marshal and such additional members, not to exceed six in number, as may be appointed by the Fire Chief on the basis of examination and/or other accepted qualifications methods and procedures as may be determined. Unless otherwise noted, those individuals shall be designated as Deputy Fire Marshals. [Amended 10-23-2007 by Ord. No. O-07-22]
D.  The Hagerstown City Fire Marshal's Office shall enforce all laws and ordinances of the City of Hagerstown and State of Maryland pertaining to:

(1)  The prevention of fire;
(2)   The storage, sale and use of any explosive, combustible or other dangerous article, in solid, liquid or gas form;
(3)  The installation and maintenance of equipment of all sorts intended for fire control, detection and extinguishment;
(4)  The means and adequacy of exits in case of fire, from buildings and all other places in which people work, live or congregate from time to time for any purpose, except buildings used wholly as a dwelling house containing no more than two families;
(5)  The investigation of the origin, cause and circumstances of fire;  and
(6)  The suppression of arson.

 

E.  Personnel assigned to the Hagerstown City Fire Marshal's Office shall take the oath of office prescribed for a police officer of the City of Hagerstown, and shall be issued appropriate credentials and equipment by the Chief of Police of the City of Hagerstown upon successful completion of the minimum standards training program conducted by the Maryland Police Training Commission.
F.  If, after conducting a lawful investigation, a Fire Marshal or Deputy Fire Marshal of the Hagerstown City Fire Marshal's Office has probable cause to believe that a person(s) has committed or attempted to commit a crime involving a fire, fire bombing or false alarm or involving the possession or manufacture of explosive devices or substances, fireworks or fire bombs as set out at length in the Criminal Law Article of the Annotated Code of Maryland, the City Fire Marshal or his deputies may arrest that person or cause him to be arrested and charged with the crime, in accordance with the appropriate procedures provided by law. [Amended 9-27-2005 by Ord. No. O-05-21; 10-23-2007 by Ord. No. O-07-22]
G.  The Fire Marshal shall inspect or cause to be inspected all public properties on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire.
H.  The provisions of the Fire Prevention Code of the City of Hagerstown, Maryland, shall apply equally to both public and private property, and it shall apply to all structures and their occupancies, except as otherwise specified.

POLICE POWERS


The Maryland Annotated Code of Maryland, Article – Criminal Law 4-201 further defines the Hagerstown City Fire Marshal’s officers Law Enforcement responsibility as a fire and explosive investigator. 


TRAINING


Hagerstown City Fire Marshal officers maintain MPCTC by maintaining training through the Hagerstown Police Department.   Officers also follow HPD rules and regulations regarding the Use of Force, Firearms, and Arrests. 


COMPLAINTS:


Complaints against Hagerstown City Fire Marshal officers shall be directed to the Hagerstown Fire Chief, Steve Lohr.   The Hagerstown Fire Chief can be contacted at 301-790-2476 or email slohr@hagerstownmd.org.


Investigations into complaints against a Hagerstown City Fire Marshal officer are by conducted at the direction of the fire chief.  Allegations involving a Hagerstown City Fire Marshal officer excessive force or abuse of police powers could result in the investigation being forwarded to the Internal Investigation Unit of the Hagerstown City Police for investigations.  


Administration of Discipline falls under the City of Hagerstown Human Resources Policy 160.00 



UNION REPRESENTATION:


Hagerstown Fire Department Deputy Fire Marshal’s are represented by the International Association of Firefighters Local 1605 bargaining unit.  


HAGERSTOWN FIRE MARSHALS Policies