The office of fire marshal is hereby created. Such office shall
be independent of other city departments, the fire marshal reporting
directly to the city manager. Such office shall be filled by appointment
by the city manager. The fire marshal shall be properly qualified
for the duties of his office and shall be subject to removal at all
times and for any reason. The position of fire marshal is not intended
to be and shall not be considered an "officer" of the city under chapter
22, Texas Local Government Code.
(Ordinance 031208-6, sec. 1 (92.001),
adopted 1/12/04; Ordinance 2023-01-19-02 adopted 1/19/2023)
The fire marshal shall be appointed by the mayor, subject to
confirmation by the council. The fire marshal shall be properly qualified
for the duties of his or her office and shall be subject to removal
at all times and for any reason. He or she shall receive such compensation
as provided for by the council.
(Ordinance 031208-6, sec. 1 (92.002),
adopted 1/12/04; Ordinance adopting
Code)
The fire marshal shall investigate the cause, origin, and circumstances
of every fire occurring within the municipality by which property
has been destroyed or damaged. Such investigation shall be commenced
within 24 hours, not including Sunday, of the occurrence of such fire.
(Ordinance 031208-6, sec. 1 (92.003),
adopted 1/12/04)
When in his or her opinion further investigation is necessary,
the fire marshal shall take or cause to be taken the testimony, on
oath, of all persons thought to be cognizant of any facts or to have
knowledge relative to the matter under investigation and shall cause
the same to be reduced to writing.
(Ordinance 031208-6, sec. 1 (92.004),
adopted 1/12/04)
The fire marshal shall have the power to summon witnesses to
testify relative to any matter which is a subject of investigation
and may require the production of any document deemed pertinent thereto.
The fire marshal is hereby authorized and empowered to administer
oaths and affirmations to any persons appearing before him or her
as witnesses.
(Ordinance 031208-6, sec. 1 (92.005),
adopted 1/12/04)
All investigations held by or under the direction of the fire
marshal may, in his or her discretion, be private. 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.
(Ordinance 031208-6, sec. 1 (92.006),
adopted 1/12/04)
If the fire marshal 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 any fire, he or she shall
cause such person to be lawfully arrested and charged with such offense,
and shall furnish to the proper prosecuting attorney all such evidence,
together with the names of witnesses and all the information obtained
by him or her, including a copy of all pertinent and material testimony
taken in the case.
(Ordinance 031208-6, sec. 1 (92.007),
adopted 1/12/04)
Any witness who refuses to be sworn, or who refuses to appear
or testify, or who disobeys any lawful order of the fire marshal,
or who fails or refuses to produce any 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 such investigation
or inquiry, after being summoned to give testimony in relation to
any matter under investigation, shall be deemed guilty of a misdemeanor.
It shall be the duty of the fire marshal to cause all such offenders
to be prosecuted.
(Ordinance 031208-6, sec. 1 (92.008),
adopted 1/12/04)
When necessary in the performance of his or her duties, the
fire marshal shall have the authority 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.
(Ordinance 031208-6, sec. 1 (92.009),
adopted 1/12/04)
The fire marshal shall have the right at all reasonable hours,
for the purpose of examination, to enter into and upon all buildings
and premises within the municipality. It shall be his or her duty
to enter upon and make or cause to be entered upon and made a thorough
examination of all mercantile, manufacturing and public buildings
together with the premises belonging thereto. Whenever he or she shall
find any building or other structure which is especially liable to
fire and which is so situated as to endanger other buildings or property,
or so occupied that fire would endanger other persons or property
therein, and whenever he or she 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 electrical wiring or a dangerous or unlawful storage of
explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals,
vegetable products, ashes, or combustible or flammable refuse materials,
wastepaper, or rags, or other conditions which may be dangerous in
character or liable to cause or promote fire or create conditions
dangerous to firefighters combating a fire or to occupants, he or
she all order the same to be removed or remedied, and such order shall
be forthwith complied with by the owner or occupant of the building
or premises. If the owner or occupant deems himself or herself aggrieved
by such order, he or she may, within five days, appeal such order
to the mayor, who shall investigate the cause of the complaint, and
unless such order is revoked by the mayor, such order shall remain
in force and be forthwith complied with by the owner or occupant.
Any owner or occupant who fails to comply with such order within a
ten-day period from the date of such notice shall be deemed guilty
of a misdemeanor.
(Ordinance 031208-6, sec. 1 (92.010),
adopted 1/12/04)
The fire marshal shall keep in his or her office a record of
all 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 article.
(Ordinance 031208-6, sec. 1 (92.011),
adopted 1/12/04)
At the end of each month, the fire marshal shall report to the
state fire marshal all existing hazardous conditions together with
a separate report on each fire in the municipality during the month.
(Ordinance 031208-6, sec. 1 (92.012),
adopted 1/12/04)
