You want to know (1) how frequently local fire marshals must inspect schools and other public buildings, (2) whether the officials must document and maintain a record of the inspections, and (3) the penalties for failing to conduct or document inspections.

SUMMARY

By law, local fire marshals must inspect (or cause to be inspected) all buildings and facilities of public service (including schools) within their jurisdiction at least once each calendar year or as often as the state fire marshal prescribes in the interests of public safety. They must keep a record of their inspections and make monthly reports to the pertinent appointing authority (CGS § 29-305, as amended by PA 08-65).

Neither the statutes nor regulations prescribe penalties for failing to carry out the specific duties cited above. But CGS § 29-299 (1) provides that a “fire marshal shall be sworn to the faithful performance of his duties” and (2) requires that the appointing authority dismiss, after proper inquiry, any fire marshal who “fails to faithfully perform the duties of his office.” Also, CGS § 29-298b allows the state fire marshal to revoke certificates for negligence and incompetence. The appointing authority, in accordance with due process, must dismiss any fire marshal whose certificate is revoked.

INCOMPETENT OR NEGLIGENT PERFORMANCE

Anyone may report an incompetent or negligent fire marshal to the state fire marshal. According to the State Fire Marshal's Office, the reporter does not have to be an aggrieved party. The state fire marshal must investigate all written complaints of negligence and incompetence on the part of local fire marshals and if he determines there is probable cause, hold a public hearing. He must provide the local fire marshal with (1) written notice of the time (10 to 20 days after the notice) and location of the hearing, (2) a copy of the complaint, and (3) the specific grounds for revocation. The local fire marshal, or his or her counsel, has 30 days to appeal the revocation (CGS § 29-298b).

According to John Blashik, the deputy state fire marshal, his office has not held any hearings during his nine-year tenure to revoke a certificate for incompetence or negligence. After investigating the complaints it received, the office determined that there was no probable cause for hearings. (The office does not have official figures on the number of negligence or incompetence cases it has investigated. But according to Blashik, the number is minimal.)

TERMINATION AND DUE PROCESS STANDARDS

The law provides that the fire marshal “shall be sworn to the faithful performance of his duties” and “continue to serve in that office until removed for cause” (CGS § 29-297). The appointing authority must remove any fire marshal who fails to (1) maintain the certification required by law or (2) “faithfully perform the duties of his office” (CGS §§ 29-298 & 29-299).

In any decision to terminate a fire marshal, the appointing must follow certain due process procedures. The authority must give the fire marshal (1) written notice of the specific grounds for dismissal and (2) an opportunity to defend himself or herself, personally or by counsel, at a public hearing before the authority. The hearing must be held between five and 10 days after the notice (CGS § 29-300).

The fire marshal has 30 days after the dismissal to appeal to the Superior Court. The court must review the hearing record and if it appears that testimony is necessary for an equitable disposition, it may take evidence or appoint a referee or committee to do so. The court may affirm the authority's action. Or it may set the action aside if it finds that the authority acted illegally or arbitrarily, abused its discretion, or acted with bad faith or malice (CGS § 29-300).

VR:ts