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Fannin County Fire Marshal
By the Office of Fannin County Judge Newt Cunningham
Mar 22, 2025
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Fannin County, Texas -- Is it time for Fannin County to appoint a county fire marshal? What factors should be taken into consideration in answering this question?

First off, we should ask ourselves; what is a fire marshal? Generally, under Texas law a county’s fire marshal’s duty is to safeguard the local lives and property through effective fire prevention, fire investigation, education, and emergency response. Texas Cities can also appoint fire marshals, Bonham has done so. Sec. 352.011 of the Texas Local Government Code allows Fannin County Commissioners Court “to establish the office of county fire marshal and provide office facilities, equipment, transportation, assistants, and professional services for that office.” The applicable statute provides that “[i]n the absence of a county fire code, the county fire marshal may conduct an inspection using any nationally recognized code or standard adopted by the state.  If the marshal determines the presence of a fire or life safety hazard, the marshal may order the owner or occupant of the premises to correct the hazardous situation.  If ordered to do so, an owner or occupant shall correct the hazardous situation in accordance with the order.” The Commissioners Court by order may authorize the county fire marshal to charge a fee to cover the cost of the plan review or inspection.

Second; Why appoint a county fire marshal? Those supporting the appointment of a fire marshall would argue that this appointment is long overdue, and that our Commissioners Court needs to take immediate action to ensure that the public is safe from the threat of fire. Many jurisdictions, including neighboring counties, have appointed fire marshals. Supporters consider safeguarding life and property of paramount importance. They would point out new development is underway, including battery energy storage plants, which should be inspected to confirm code compliance.  The risk of fire is growing daily.

Third; Why not appoint a county fire marshal? Naysayers opposing the appointment generally focus on several factors including increased costs, problematic red tape, loss of individual freedom, and restriction of our private property rights. Obviously, all of these are important issues that should always be addressed by government in making decisions; often they are not. Costs include the overhead of maintaining a viable office of county fire marshal and fees to be paid by owners or occupants for plan review or inspections. Naysayers will point out that Fannin County has existed for a very long time without a fire marshal.

How would you answer this important question?