[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Editor’s note(s)–Ordinance O-14-018 , adopted May 15, 2014, repealed former art.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.
(a) 
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.
(b) 
The office of the city 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 state commission on law enforcement and the state commission on fire protection.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-24-019 adopted 8/15/2024)
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; Ordinance O-24-019 adopted 8/15/2024)
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; Ordinance O-24-019 adopted 8/15/2024)
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; Ordinance O-24-019 adopted 8/15/2024)
(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, 2021 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; Ordinance O-24-019 adopted 8/15/2024)
(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, 2021 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 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; Ordinance O-24-019 adopted 8/15/2024)