Dinwiddie board adopts ordinance making fire marshal a law-enforcement officer and approves MOU with sheriff

Dinwiddie County supervisors on Nov. 18 adopted an amendment to Chapter 10 of the county code that designates the fire marshal as a law-enforcement fire marshal with authority to arrest, serve warrants and enforce the Virginia Statewide Fire Prevention Code when the marshal and deputies have completed required training.

County attorney Tyler Southall summarized the changes, saying the amendment would "give the fire marshal the same police powers as the sheriff, police officer, or other law enforcement officer" for the investigation and prosecution of fire- and hazardous-materials-related offenses and would allow the marshal to enter property to investigate suspected releases of regulated substances.

The ordinance formalizes how deputy and assistant fire marshals are appointed, authorizes enforcement of the statewide fire prevention code and clarifies permit, suspension and revocation authority under the county code. Fire department leaders said the police powers would be exercised only by the chief fire marshal or trained deputies and assistants.

The board conducted a public hearing on the ordinance; no members of the public signed up to speak. Following the hearing the board approved the ordinance by roll call (vote recorded as all voting aye).

Immediately after the ordinance vote the board approved a memorandum of understanding between the Dinwiddie County Sheriff's Office and the county's Fire & EMS division to define how the two offices will coordinate investigations. The county attorney described the MOU as outlining the respective investigative roles (for example, the sheriff's office leading in a major criminal incident while the fire marshal handles fire and explosion investigations) and noted the sheriff's office had reviewed and agreed to the terms.

A board member disclosed employment with the sheriff's office and indicated they would abstain from voting on the MOU; the roll call on the MOU recorded four ayes and one abstention.

What happens next: The ordinance takes effect as provided in county code and the MOU may be executed as authorized by the board. The county attorney and fire leadership said training and credentialing will be required before those specific police powers are exercised by deputy or assistant fire marshals.

Quotes from the meeting

"The fire marshal would be given the same police powers as the sheriff, police officer, or other law enforcement officer," Tyler Southall, county attorney, said while outlining the proposed code changes.

"If you have a serious incident such as a murder, I think the sheriff's office takes some precedence there to investigate what happened," the county attorney said, describing how the MOU frames division of responsibility between agencies.

Provenance: topicintro SEG 2363, topfinish SEG 2542