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Kerr County forms committee to study part‑time fire marshal and permitting for battery energy storage systems
Summary
After residents and commissioners raised safety concerns about battery energy storage systems, the court formed a committee (Commissioners Paces and Jones plus a county attorney representative) to evaluate options including a part‑time fire marshal, interlocal agreements or contracting outside experts; committee will return recommendations and fee/permit proposals.
Commissioners on Dec. 8 agreed the county needs a formal path to review and permit battery energy storage system (BESS) projects and to ensure compliance with applicable codes and testing standards.
Commissioner Paces presented a packet and urged the court to adopt stronger review and permitting authority than the earlier recommendation, arguing that the county has no fire marshal and no permit/fee schedule to compel review of BESS projects in the unincorporated area. "We really should have a fire marshal, and we should establish a permit and fee schedule," Paces said, and recommended contracting subject‑matter experts to support plan reviews (he cited outreach to Dr. Robert Steele of Hiller Fire, who helped write NFPA 855).
Public commenter Barbara Ferguson noted neighboring counties had taken stronger steps — including litigation in Gillespie County and an attorney general inquiry — and urged the court to require UL 9540A testing and other safeguards before BESS installations near schools or populated areas.
Commissioners discussed options: (a) contract with a part‑time fire marshal or an outside expert; (b) interlocal agreement with a county that already provides fire marshal services; or (c) hire a full‑time marshal. Concerns included enforcement authority, budget authority and political pushback if enforcement were interpreted as adopting an ordinance beyond county powers.
The court unanimously approved forming a committee consisting of Commissioner Paces, Commissioner Jones and a representative from the county attorney's office to evaluate options and return with a recommendation on whether to procure a part‑time fire marshal (via ILA or independent contract) and to consider hiring or contracting a highly qualified expert reviewer for complex BESS plans.
The committee will examine fee schedules that could fund review work, legal mechanisms (contract vs. ILA), and whether to recommend changes to the prior court order so that permit requirements are mandatory rather than advisory.
The court did not adopt any new permit or fee schedule at the meeting; it directed the committee to report back with options and required legal and budgetary steps.
