[1]
Editor’s note(s)–Ordinance O-14-018 , adopted
May 15, 2014, repealed former art. III, secs. 8-40–8-47, and
enacted new provisions as herein set out. Former art. III pertained
to similar subject matter, and derived from an ordinance adopted May
15, 2011, secs. 1–6.
The office of fire marshal is hereby created. Such office shall
be an independent bureau of the fire department. The fire marshal
shall report directly to the fire chief. Such office shall be filled
by appointment by the fire chief. The fire marshal shall be properly
qualified for the duties of his office.
The office of the Brenham Fire Marshal is hereby designated
as the official investigating agency of the city for the crime of
arson and other fire or explosion related crimes and is hereby established
as a law enforcement agency of the city. As the official responsible
for the investigation of arson and other fire-related crimes, the
fire marshal, his deputy fire marshal(s) and his appointed arson investigator(s)
are hereby commissioned as peace officers of the city as per the Texas
Code of Criminal Procedures, Article 2.12(7) and are subject to the
applicable rules and regulations of the Texas Commission on Law Enforcement
and the Texas Commission on Fire Protection.
(Ordinance O-14-018 adopted 5/15/14)
The fire marshal shall investigate, or cause to be investigated,
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 accidental
of incendiary in nature. Such investigation shall be begun within
twenty-four (24) hours, not including Sunday, of the occurrence of
such fire. The fire marshal shall keep in his office a record of all
fires occurring within the city, together with all facts, statistics
and circumstances, including the origin, of the fires and the amount
of loss, which may be determined by the investigation required by
this article.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-19-051, sec. 2, adopted 12/19/19)
The fire marshal, when in his opinion further investigation
is necessary, shall take or cause to be taken the statement of all
persons supposed to be cognizant of any facts or to have means of
knowledge in relation to the matter as to which an examination is
herein required to be made, and shall cause the same to be reduced
to writing, or other means of recording, and if he shall be of the
opinion that there is evidence sufficient to charge any person with
the crime of arson or other crime related to fire or explosion, or
the threat thereof, or with the attempt to commit the crime of arson,
or of conspiracy to defraud, or other criminal conduct in connection
with such fire, he shall cause such person to be 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 of
the information obtained by him, including a copy of all pertinent
and material statements taken during the course of the investigation.
(Ordinance O-14-018 adopted 5/15/14)
The fire marshal shall have the authority, in accordance with
applicable laws governing the right of entry, search and seizure,
at all times of day or night in the performance of the duties imposed
upon him by the provisions of this article or other law to enter upon
and examine any building or premises when any fire or explosion has
occurred, and other buildings and premises adjoining or near the same.
(Ordinance O-14-018 adopted 5/15/14)
(a)
The fire
marshal, or his deputy, shall have a right at all reasonable hours,
for the purpose of inspection, for fire safety hazards, to enter all
public or commercial buildings and premises within the city, as detailed
in section 104.3 of the International Fire Code, 2015 Edition, and
all revisions thereto, and in accordance with applicable laws governing
the right to entry, search and seizure.
(b)
It shall
be the duty of the fire marshal to periodically perform, or cause
to be performed, thorough inspection of all commercial, manufacturing
and public buildings, together with the premises belonging thereto.
Whenever he shall find within or upon any building or other structure
or upon the premises of any building or structure the presence of
fire of life safety hazards, the absence of required fire safety systems,
devices, or equipment, or any violation of the fire prevention code
or fire-related ordinance or law, 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,
if the owner or occupant deems himself aggrieved by such order, he
may within thirty (30) days appeal the decision to the city manager
or his designee, who shall investigate the cause of the compliant,
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.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-19-051, sec. 2, adopted 12/19/19)
(a)
When
any condition such as inadequate exits, over-crowding, presence of
fire hazards, lack of required fire protection system or equipment,
or other conditions that pose an immediate threat to life safety of
the occupants of a building, structure or premises are found, the
fire marshal, or his deputy, the fire chief, or his designee, or any
peace officer of the city, shall have the authority to order such
place to be immediately vacated and closed to the public and secure
against re-entry until such hazardous conditions are eliminated or
remedied. A written report of such action shall be created by the
official ordering the closure and same shall be transmitted to the
building official and to the fire marshal of the city within forty-eight
(48) hours, excluding Saturdays, Sundays and holidays observed by
the city.
(b)
The fire marshal, or his deputy, shall have the authority to establish the occupant load limit of any building, structure or premises within the city and order same to be posted prominently within or upon the building, structure or premises. Establishment of such occupant load limit shall be determined according to criteria set forth in chapter 10, section 1004 of the International Fire Code, 2015 Edition, and all revisions thereto. Upon establishment of the occupant load limit of a building, structure or premises, the owner or operator of such place shall post signs or placards of type and in such locations as acceptable to the fire marshal or his deputy.
(c)
At no
time shall the occupant load determined by the fire marshal, or his
deputy, be deemed to supersede or overrule such determination made
by previously by the building official of the city. If a conflict
should arise between the determination of the fire marshal, or his
deputy, and that of the building official, the previous determination
of the building official shall prevail.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-19-051, sec. 2, adopted 12/19/19)
