Debate weighs value of Kansas fire marshal's office

Complaints that the state fire marshal has "over-enforced" new fire codes on older buildings have led to a review of all citations issued to schools during the past 18 months, two legislators announced Friday.

Meanwhile, an effort is under way in the state House to eliminate the agency, which legislators say lacks accountability and puts excessive expectations on businesses, hospitals and schools.

Citations of schools for fire code violations have been criticized recently. School administrators complained that demands placed on them to comply with the fire marshal's interpretation of codes would be too expensive in the current economy.

Many of the citations involved smoke ventilation, and some required costly remedies.

Two former educators, Rep. Ward Cassidy, R-St. Francis, and Rep. Bill Otto, R-LeRoy, said Friday that their communications with Acting Fire Marshal Doug Jorgensen have resolved a conflict over a Kansas statute that investigators were not applying to older buildings.

The statute says older buildings not in strict compliance could remain in service as long as the buildings were not determined to be "a distinct hazard to life and property."

"This was an important fix. We have schools and local businesses already struggling to make ends meet, and these interpretations make that difficult," Cassidy said. "Trying to retrofit an older building to meet the new codes was costing them thousands of dollars. These are not dangerous buildings, and we shouldn't be forcing an unfunded mandate on them to update."

The state fire marshal is appointed by the governor and charged with creating and enforcing fire safety laws, inspecting buildings and imposing fines for violations. Fire alarms, sprinkler systems and smoke-blocking doors are among things the office often requires.

The agency also sponsors fire prevention efforts, particularly in schools, and investigates suspicious fires.

Thursday, the House Transportation and Public Safety Budget Committee held a hearing on House Bill 2370, which proposes to abolish the agency.

Rep. Bob Bethell, R-Alden, provided the most extreme example of what he called a lack of common sense on the part of the fire marshal's office. He pointed to the fire marshal requiring fire sprinklers to be installed in a state fair ride that consisted of metal boats floating on an enclosed canal.

"This is what happens when you don't have sufficient oversight," he said.

Bethell has proposed legislation to move the fire marshal's office under some agency of the state government. He characterized House Bill 2370 as going a step further, saying it "doesn't just move the fire marshal. It cannibalizes it."

HB 2370 would eliminate the position of fire marshal and transfer the duties of the office to three agencies — the Department of Administration, the Kansas Bureau of Investigation, and the Division of Emergency Management.

Legislative Post Auditor Scott Frank told the committee that the fire marshal's office is a relatively small independent agency with rare autonomy.

"It's pretty unusual to have these kinds of functions in an independent agency," said Frank, who added that only five states have a fire marshal who reports directly to the governor.

Jorgensen, who has held the position of fire marshal since January, was commended by the committee for his handling of the scrutiny of the office.

He appeared before the committee as a neutral witness and said he understands something needs to change.

"I don't know where it went astray," Jorgensen said. "The office has had its problems. I'm well aware of that."

Jorgensen advised the committee that the reorganization prescribed by the bill had potential complications.

"There are some quirks that need to be looked at," Jorgensen said. "If the bill passes, the rules and regulations won't just go away."

For that reason, Dennis Phillips of the Kansas State Council of Firefighters testified that firefighters prefer the office remain intact under one agency.

"It would be harmful to spread it out all over different agencies," Philips said. "If it could stay in one department, it would serve the people better."

"Cannibalizing it concerns me," said Rep. Vince Wetta, D-Wellington, asking Phillips where he would prefer to see the office end up. "What we want is to get the service we want from the fire marshal."

Jorgensen said the fire marshal's office has been underfunded the past several years.

"So you're going to be attaching a negative funding liability to other agencies," he said.

This story was originally published March 12, 2011 at 12:00 AM with the headline "Debate weighs value of Kansas fire marshal's office."