Fire Marshal Inspection: What They Check

A fire marshal inspection is the fire code’s version of a health inspection. Someone from the local fire authority walks through your business, writes down what breaks the code, and tells you by when to fix it. Most of the process is more routine than owners expect. In the offices we read, the escalation comes from ignoring the notices that follow, not from the first visit.

Who is the fire marshal, and why do they inspect my business?

The fire marshal is the local official who enforces the adopted fire code, which is why you will also see the title “authority having jurisdiction.” In Texas that is usually your city fire marshal or, outside city limits, the county’s office. The state fire marshal’s office inspects state-owned buildings (see this legislative bill analysis), not private businesses. So the rules, the schedule and the fees all depend on where you are.

Two Texas offices show how it usually works. The City of Seabrook inspects all existing commercial and multi-family buildings annually, and exempts only one- and two-family homes (Seabrook Fire & Life Safety Inspections). Bexar County says its code requires all commercial, publicly accessible and multi-family buildings to be maintained in a fire-safe condition, and that operations such as fuel dispensing sites and mobile food vending trucks need an annual inspection and permit (Bexar County Fire Marshal FAQs). Seabrook’s own FAQ says the city strives to inspect annually, so a missed month is not unusual, and it asks you to call if no one has contacted you within 30 days of your usual inspection month.

When does a fire marshal inspect?

• Annually, on a routine schedule. This is the visit most owners mean. The inspector looks at the whole occupancy.
• When a business opens or changes use. Seabrook says a new business needs a certificate of occupancy or change-of-occupancy permit, which requires an inspection, and that extra fire protection systems or fire-resistant construction may be required. Bexar County lists a $150 inspection fee when occupancy changes.
• When something is installed. Permits are required to install or modify fire protection systems. A kitchen hood suppression system, for example, gets a final inspection that Kerrville’s fire marshal describes: the installer pre-tests, then the office checks an air test of the nozzles, the fuse links, the manual pull station, the Class K extinguisher, alarm connections, and finally that the system was reset and tagged (Kerrville Fire Marshal).

What does a fire marshal check?

Seabrook says its inspectors check compliance with life safety codes, fire prevention codes and state standards, and record violations on a fire inspection report that names the code and the needed correction. The inspector reviews the report with you on site. The detail varies by office, so ask for the checklist, but the items are consistent enough to prepare for: exits that open and are clear, current tags on extinguishers, sprinkler and alarm systems, working emergency lights, orderly storage, electrical safety and, in a kitchen, the hood and suppression system. Our fire inspection checklist goes through each of those with the numbers local fire departments publish.

Two things surprise owners. The first is that the required systems depend on the building. Seabrook explains that fire alarm and sprinkler requirements follow the building’s classification, occupant load, size and contents, and that occupant load comes from multiplying each room’s area by a factor the code sets for how the room is used. The second is that old buildings are not exempt. Seabrook’s answer to “Is my building grandfathered?” is that existing buildings are not exempt, because the fire codes do not allow a building to remain in an unsafe condition (Seabrook FAQs).

How do I get ready for the visit?

Walk the space the way the inspector will and fix what you can see. Seabrook asks for 24 to 48 hours’ notice when scheduling and says to fix obvious problems first. Deer Park gives a one-to-five day turnaround for scheduling (Deer Park Fire Marshal).

Have someone there. Both cities can charge a fee if the inspector arrives and no one is ready: Seabrook may charge a $75 reinspection fee if the property is not ready or no one is present to meet the inspector, and Deer Park may charge $50 for the same, or if you cancel after noon on the day before. Neither fee is large, but both are avoidable, and you pay in person before the visit can be rescheduled.

Also gather the records that show your equipment was serviced: extinguisher tags and reports, the sprinkler and alarm reports, the kitchen suppression tag and the hood cleaning record. If you use PremiseBay they are already in one place.

What happens if you fail a fire marshal inspection?

“Failing” rarely means being shut down on the spot. In the Texas offices we read, it means a list of violations with a deadline. Here is the sequence they describe:

We did not find a published fine schedule for fire code violations in any Texas city we read, so we do not quote one. If you receive a citation, the amount is set by the court or ordinance in your jurisdiction, and the notice tells you where to go.

What if the problem is found by a service company, not the fire marshal?

A different kind of failure reaches the fire marshal without any inspection of yours. When a licensed technician in Texas finds that a portable extinguisher or fixed system is unsafe or inoperable, they must attach a red tag and tell you immediately and in writing. They must also tell the local fire marshal within 24 hours, send a copy of the written notice within three business days, and report again within five business days after the red tag comes off (28 TAC 34.521). A sprinkler system with a noncompliance that is not an emergency gets a yellow tag, and the technician has five business days to notify you and the fire marshal in writing (28 TAC 34.721).

The practical point: a red tag is not private. If a technician red-tags your suppression system or extinguishers, assume the fire marshal’s office knows and will check that you fixed it. See how extinguisher tags work for what each tag means.

Who does the repairs?

Most violations are housekeeping, which you can fix yourself. The rest need a licensed company: an expired extinguisher goes to a fire extinguisher inspection, an overdue alarm test to a fire alarm inspection, a sprinkler issue to a sprinkler inspection, and a kitchen system to a suppression inspection. PremiseBay books each of them with a licensed local pro and files the certificate for the next inspector.