(a)
Authority having jurisdiction.
The city fire chief shall
be the head administrator and authority having jurisdiction. The city
fire chief is hereby authorized to enforce the provisions of this
chapter and other applicable provisions of this code and shall have
the authority to render interpretations of same, and to adopt policies,
procedures, rules and regulations in order to clarify the application
of its provisions. Such interpretations, policies, procedures, rules
and regulations shall be in compliance with the intent and purpose
of this code and shall not have the effect of waiving requirements
specifically provided for in this code. Under the fire chief’s
direction, the fire department is authorized to enforce all state
laws, city ordinances and executive orders of the jurisdiction.
(b)
Fire prevention division.
The division of fire prevention
is established within the jurisdiction under the direction of the
fire chief. The function of the division shall be the implementation,
administration and enforcement of the provisions of this code. The
fire chief and members of the fire prevention division have the powers
of a police officer in performing their duties under this code. When
requested to do so by the fire chief, the chief of police is authorized
to assign available police officers as necessary to assist the fire
department in enforcing the provisions of this code.
(1)
Fire marshal.
The office of fire marshal is hereby established.
Such office shall be a division of the city fire department and shall
report directly to the fire chief. Such office shall be filled by
appointment by the fire chief.
(2)
Fire chief.
The fire chief may detail such members of
the fire department to perform duties necessary to the fire prevention
division, including a fire prevention captain, fire inspectors, fire
investigators, arson investigators, and other technical officers as
shall from time to time be necessary and each member so assigned shall
be authorized to enforce the provisions of the International Fire
Code.
(3)
Arson investigator.
The position of arson investigator
shall be an employee position with the city subject to the city’s
personnel policies and shall at all times be a peace officer certified
by the commission on law enforcement officer standards and education
as set out in chapter 1701 of the Occupations Code.
(Ordinance 355-2007 adopted 12/11/07; 2008 Code, pt. II, art. 21,
sec. 2.01; Ordinance 869-2020 adopted 8/11/20)
(a)
All
of the duties performed within each classification are necessary to
the mission of the city fire department and are of equal status. The
fire chief, in his or her discretion, may assign each member those
duties or responsibilities within the classification of the member
as the fire chief deems necessary to accomplish the mission of the
fire department.
(b)
The
fire chief shall:
(1)
Carry out the functions of the fire department related to public
safety and enforcement of the fire code, ordinances, state and federal
laws; organize the fire department in conformity with the laws of
the state and ordinances of the city; and promulgate directives, orders,
rules, regulations and procedures for the operation of the department
and administration of discipline within the department;
(2)
Be responsible for the stationing and transfer of all firefighters
and other officers and employees constituting the fire force, under
such policies and regulations as may be established by the city manager,
to whom the fire chief shall be immediately responsible, or according
to ordinances of the city.
(c)
Arson
investigator:
(1)
The arson investigator shall investigate the cause, origin and circumstances
of every fire occurring within the 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 be begun within 24 hours after the extinguishment of such fire.
The arson investigator shall keep in his 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.
(2)
When it is the opinion of the arson investigator that further investigation
is necessary, the following actions may be taken:
(A)
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 in writing;
and
(B)
If the arson investigator shall be of the opinion that there is evidence
sufficient to charge any person with the crime of arson, or of conspiracy
to defraud, or criminal conduct in connection with such fire, the
arson investigator shall cause such person to be lawfully arrested
and charged with such offense or either of them, and shall furnish
to the 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.
(Ordinance 355-2007 adopted 12/11/07; 2008 Code, pt. II, art. 21,
sec. 2.02; Ordinance adopting 2019 Code; Ordinance 869-2020 adopted 8/11/20)
(a)
The fire chief, or his designated representative, is hereby authorized and directed to enforce all provisions of this chapter, including without limitation the fire code, as amended, adopted under section 6.02.001. Enforcement may be by the issuance of warnings or citations, filing of a complaint in municipal court, by legal proceedings to enjoin nuisances, or in any other manner authorized by law. An authorized official or personnel of the fire department or of the police department is authorized to issue citations for a violation of this chapter including but not limited to the fire code.
(b)
It
shall be a violation of this chapter for any person being issued a
citation for a violation of this article, to be filed in municipal
court or any civil proceeding, to intentionally or knowingly fail
to give the fire department official or police department official
his or her true name and address or to intentionally or knowingly
fail to appear in accordance with the terms of a citation issued by
the fire department official or police department official. For purposes
of this section, a person shall be in violation upon failure to provide
the requisite identification information upon a request for identification
being issued by a person known to be a fire department official or
police department official.
(c)
The
owner, lessee or occupant of the property or structure where a violation
of this chapter takes place shall be deemed responsible for such violation.
(d)
If
the individual who is to receive the citation is not present, the
fire department official or police department official may send the
citation to the owner of the property by certified or registered mail,
return receipt requested. If said citation should come back unclaimed,
the citation shall be sent regular mail. If this regular mailing does
not come back unclaimed, then service shall be deemed completed.
(e)
Any violation of any of the terms of this chapter, including without limitation the fire code, as amended, adopted under section 6.02.001 and incorporated herein as if set forth in full, whether or not such violation is denominated in this chapter as unlawful, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000.00 for each incidence of violation or the highest amount allowed by law, whichever is less. Each violation is considered a separate offense and will be punished separately.
(Ordinance 869-2020 adopted 8/11/20)
Permits shall be required as set forth in sections 105.8 through
105.8.3 of the International Fire Code. Complete plans and specifications
for fire alarm systems; fire-extinguishing systems, including automatic
sprinklers and wet and dry standpipes; halon systems and other special
types of automatic fire-extinguishing systems; basement pipe inlets;
and other fire protection systems and appurtenances thereto shall
be submitted to the fire chief for review and instruction as to how
to obtain approval prior to system installation. Plans and specifications
for fire alarm systems shall include, but not be limited to, a floor
plan; location of all alarm-initiating and alarm-signaling devices;
alarm control and trouble-signaling equipment: annunciation; power
connection; battery calculations; conductor type and sizes; voltage
drop calculations; and manufacturer, model numbers and listing information
for all equipment, devices and materials. All submitted plans shall
also meet the requirements as specified by the adopted NFPA standards
and this code. The provisions of this code shall govern in the event
of conflicts and/or differences between this chapter and the NFPA
standards.
(Ordinance 869-2020 adopted 8/11/20)
(b)
The
city council has previously adopted the North Central Texas Council
of Governments recommended amendments (Option B) as applied to the
2015 International Fire Code, and as further amended by the local
amendments adopted under this section.
(c)
The city council hereby adopts the city’s local amendments to the 2015 International Fire Code. To the extent of any conflict between said local amendments and the North Central Texas Council of Governments recommended amendments, the local amendments shall govern. Said local amendments are as set forth in section 6.02.002.
(Ordinance 373-2008 adopted 4/8/08; Ordinance 661-2014 adopted 6/24/14; Ordinance
730-2016 adopted 10/11/16; 2008 Code, pt. II, art. 8, sec. 7, art. 21, sec. 1; Ordinance 869-2020 adopted 8/11/20; Ordinance 928-2021 adopted 8/10/21)
Note: The city has adopted the North Central Texas Council of
Government recommended amendments (Option b) to the 2015 international
fire code (“NCTCOG amendments”). To the extent of any
conflict between the following local amendments and the NCTCOG amendments,
these amendments shall govern.[1]
(Ordinance 928-2021 adopted 8/10/21)
[1]
Editor's note–The 2015 IFC Amendments are included as an attachment to this chapter.
