Fire Safety ITM: When the Fire Department Gets Involved

8/29/2024

Fire hazards can quickly escalate if protection systems are not tested and maintained, records are not kept up to date and system effectiveness lapses. There are mandated requirements for every piece of equipment to be inspected and tested at different frequencies.   

This Q&A series covers questions relating to inspections and testing of fire alarm systems in accordance with NFPA 72. 

Can I ask the building or fire inspector to verify my fire alarm system is working properly?  
It is the owner’s responsibility to have the fire alarm system tested and maintained. NFPA 72 specifically gives the “property or building or system owner or the owner’s designated representative” the responsibility for fire alarm system inspection, testing, maintenance, alterations, and additions. The building or fire inspector will only witness someone else performing the tests and will never test the system for you. 

Does the fire department/fire marshal have the right (or obligation) to inspect my facility?  

Yes. The fire prevention code adopted by your jurisdiction provides the local inspector with the authority to enter and inspect your facility at will. There are caveats, of course. If there are safety issues, then the inspector must first make an appointment. Most inspectors make an appointment regardless. The goal is to ensure that all facilities in the jurisdiction remain safe and meet the minimum code requirements as required by the jurisdiction. 
 

What do I do if the fire marshal shows up at my building unannounced? 
The AHJ can show up unannounced for an inspection. Unless there are known or reported safety violations, most AHJs will agree to another time for an appointment if the timing is inconvenient. If you cannot accommodate the unannounced meeting, it makes sense to set a date for an immediate future meeting. 

Am I required to do what the fire marshal tells me to do?  
Generally anything related to a code violation must be responded to and addressed as soon as possible after the notice of non-compliance is received. If the fire marshal cannot point to a code violation, then he or she is probably making a recommendation and not a mandate. 
 

Is there a difference between the fire department and the fire marshal? What authority does each have to enforce NFPA 72 and other fire codes?  

Typically, members of the fire department who are not fire inspectors are not authorized to require an owner to perform any work on a fire alarm system. The caveat to this answer would be if the fire alarm system was totally out of service. The fire ground commander could enforce a fire watch until a fire inspector or the fire marshal could review the situation. Firefighters can make a recommendation and can forward the recommendation to the fire marshal, but they cannot compel you to follow the recommendation. For example, the fire service personnel could suggest you protect your building with an automatic sprinkler system, but that recommendation cannot be enforced. 

Wayne D. Moore is a licensed professional fire protection engineer with over 45 years of engineering experience. Moore currently serves on the NFPA 72 Correlating Committee and Chapter 24 Technical Committee (past Chair), as well as being an editor of five editions of the “National Fire Alarm Code Handbook.”  

Larry D. Rietz, is a NICET Level IV Certified fire alarm designer with more than 29 years of life safety industry experience. Rietz is Vice President and Global Service Line Leader for Fire Detection and Alarm for Jensen Hughes and serves on the NFPA 72 Chapter 24 and 12, 21, & 23 Technical Committees.