(a)
The
office of fire marshal shall be the arson investigating unit of the
city, and the fire marshal shall be designated an arson investigator
as that term is used in Vernon's Ann C.C.P. art. 2.12(7).
(b)
The
fire marshal shall investigate the cause, origin and circumstances
of every fire occurring within this city by which property has been
destroyed or damaged, and shall especially make investigation as to
whether such fire was the result of carelessness or design. Such investigation
shall begin within twenty-four (24) hours, not including Sunday, of
the occurrence of such fires[. The fire marshal shall keep in his
office a record of all such fires,] together with all facts, statistics
and circumstances, including the origin of the fires and the amount
of the loss, which may be determined by the investigation required
by this section.
(1999 Code, sec. 5.201)
The fire marshal, when in his opinion further investigation
is necessary, shall take or cause to be taken the testimony, on oath,
of all persons supposed to be cognizant of any facts or to have means
of knowledge in relation to the matter under investigation, and shall
cause the same to be reduced to writing. If he shall be of the opinion
that there is evidence sufficient to charge any person with the crime
of arson or with the attempt to commit the crime of arson, or of conspiracy
to defraud, or criminal conduct, in connection with such fire, he
shall cause such person to be lawfully arrested and charged with such
offense or either of them, and shall furnish to the proper prosecuting
attorney all such evidence, together with the names of witnesses and
all of the information obtained by him, including a copy of all pertinent
and material testimony taken in the case.
(1999 Code, sec. 5.202)
The fire marshal shall have the power to summon witnesses before
him to testify in relation to any matter which is, by the provisions
of this article, a subject of inquiry and investigation, and may require
the production of any book, paper or document deemed pertinent thereto.
The fire marshal is hereby authorized and empowered to administer
oaths and affirmations to any persons appearing as witnesses before
him.
(1999 Code, sec. 5.203)
Any witness who refuses to be sworn, who refuses to appear or
testify, who disobeys any lawful order of the fire marshal, who fails
or refuses to produce any book, paper or document touching any matter
under examination, or who is guilty of any contemptuous conduct during
any of the proceedings of the fire marshal in the matter of said investigation
or inquiry after being summoned to give testimony in relation to any
matter under investigation as aforesaid, shall be deemed guilty of
a misdemeanor, and it shall be the duty of the fire marshal to cause
all such offenders to be prosecuted; provided, however, that any person
so convicted shall have the right of appeal.
(1999 Code, sec. 5.204)
All investigations held by or under the direction of the fire
marshal may, in his discretion, be private, and persons other than
those required to be present may be excluded from the place where
such investigation is held, and witnesses may be kept separate and
apart from each other and not allowed to communicate with each other
until they have been examined.
(1999 Code, sec. 5.205)
The fire marshal shall have the authority at all times of day
or night, when necessary in the performance of the duties imposed
upon him by the provisions of this article, to enter upon and examine
any building or premises where any fire has occurred, and other buildings
and premises adjoining or near the same, which authority shall be
exercised only with reason and good discretion.
(1999 Code, sec. 5.206)
The fire marshal, upon complaint of any person having an interest
in any building or property adjacent, and without any complaint, shall
have a right at all reasonable hours, for the purpose of examination,
to enter into and upon all buildings and premises within the city.
It shall be his duty, monthly or more often, to enter upon and make,
or cause to be entered and made, a thorough examination of all mercantile,
manufacturing and public buildings, together with the premises belonging
thereto. Whenever he shall find any building or other structure which
for want of repair, by reason of age or dilapidated condition, or
for any cause, is especially liable to fire, and which is so situated
as to endanger other buildings or property, or so occupied that fire
would endanger persons or property therein, and whenever he shall
find an improper or dangerous arrangement of stoves, ranges, furnaces
or other heating appliances of any kind whatsoever, including chimneys,
flues and pipes with which the same may be connected, or a dangerous
arrangement of lighting devices or systems, or a dangerous or unlawful
storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous
chemicals, vegetable products, ashes, combustibles, or inflammable
and refuse materials, or other conditions which may be dangerous in
character or liable to cause or promote fire or create conditions
dangerous to the firemen or occupants, he shall order the same to
be removed or remedied, and such order shall be forthwith complied
with by the owner or occupant of said building or premises. Provided,
however, that if said owner or occupant deems himself aggrieved by
such order, he may, within five (5) days, appeal to the mayor, who
shall investigate the cause of the complaint [and] unless by his authority
the order is revoked, such order shall remain in force and be forthwith
complied with by said owner or occupant. At the end of each month,
the fire marshal shall report to the state fire marshal all existing
hazardous conditions, together with separate reports on each fire
in the city during the month.
(1999 Code, sec. 5.207)
Any owner or occupant of a building or other structure or premises who shall keep or maintain the same when, for want of repair, or by reason of age or dilapidated condition, or for any cause, it is especially liable to fire, and which is so situated as to endanger buildings or property of others, or is especially liable to fire and which is so occupied that fire would endanger other persons or their property therein, shall be punished as provided for in the general penalty provision found in section 1.01.009 of this code.
(1999 Code, sec. 5.208)
Any owner or occupant of any building or other structure or premises who shall keep or maintain the same with an improper arrangement of a stove, range, furnace, or other heating appliance of any kind whatsoever, including chimneys, flues, and pipes with which the same may be connected, so as to be dangerous in the matter of fire, health, or safety of persons or property of others, or who shall keep or maintain any building, other structure or premises with an improper arrangement of a lighting device or system, or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, inflammable materials, or refuse, or with any other condition which shall be dangerous in character to the persons, health or property of others, or which shall be dangerous in the matter of promoting, augmenting, or causing fires, or which shall create conditions dangerous to firemen, or occupants of such buildings, structures, or premises other than the maintainer thereof, shall be punished in accordance with the general penalty provision found in section 1.01.009 of this code.
(1999 Code, sec. 5.209)
