Supervisors discuss Wintergreen fire marshal appointment, ask State Fire Marshal to brief Board

The Board discussed a proposed appointment to establish a Wintergreen Fire Marshal on March 11 and sought legal clarity on enforcement authority absent a countywide fire code.

Supervisor Jesse N. Rutherford asked what mechanisms a local fire marshal could enforce if Nelson County has not adopted a countywide fire code. County Administrator Candice W. McGarry and staff said the appointment would rely on Title 27 (Local Fire Marshals) of the Code of Virginia and had been vetted with County Attorney Phillip Payne and other stakeholders. Chief Sheets and Lovingston Volunteer Fire Department Chief Daniel Johnson explained that some enforcement currently falls to the building inspector and local departments but said a dedicated fire marshal could provide a focused, locally funded resource—particularly in Wintergreen—subject to mutual-aid agreements and clear jurisdictional limits.

Stakeholders recommended inviting State Fire Marshal Billy Hux to attend a meeting to explain the scope of authority and training; the Board and staff agreed that Mr. Hux’s attendance would be helpful and that one or two Board members could meet beforehand if desired. No appointment was finalized at the March 11 meeting; staff will schedule a briefing with the State Fire Marshal to clarify enforcement authority and administrative responsibilities before returning the item for Board action.

Supervisor Rutherford raised concerns about prosecutorial limits and enforcement tools; Commonwealth’s Attorney input had been part of stakeholder discussions, and the Sheriff affirmed the state police maintains a bomb/arson investigator unit for certain offenses. The Board and stakeholders emphasized this would be a Wintergreen-focused position funded by Wintergreen dollars and that broader county enforcement implications deserve careful vetting before any formal appointment.