The office of fire marshal is hereby created in the City of Sundown, Texas. Such office shall be independent of other city departments, and the fire marshal shall report directly to the city administrator. Such office shall be filled as the need arises by appointment of the mayor and by the consent of the city council. The said fire marshal shall be properly qualified for the duties of this office. The fire marshal shall receive a salary or other compensation as approved by the city council.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-1; Ordinance adopting Code)
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 investigations as to whether such fire was the result of carelessness or design. Such investigation shall be begun within twenty-four hours, not including Sunday, of the occurrence of such fire. The fire marshal 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.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-2)
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 and if he 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, he shall notify the chief of police of the results of such investigation. The chief of police shall then cause such person to be lawfully arrested and charged with such offense or offenses, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtained by the fire marshal and/or the chief of police, including a copy of all pertinent and material testimony taken in the case.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-3)
The fire marshal shall have the power to summon witnesses before him to testify in relation to any manner 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 said fire marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-4)
Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of said fire marshal, or 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 left to the fire marshal to cause all such offenders to be prosecuted. Provided however, that any person so convicted shall have the right of appeal.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-5)
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.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-6)
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.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-7)
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, and 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 building, together with the premises belonging thereto. Whenever he shall find any building or other structure which, for want of repair, or 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 and improper or dangerous arrangement of stoves, ranges, furnaces or other heating appliances of any kind what so ever, 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, combustible, 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. Provides, 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 report on each fire in the city during the month.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-8)
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 by a fine.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-9)
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 whatever, including chimneys, flues and pipes with which the same may be convected, so as to be dangerous in the matter of fire, or 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 devise or system, or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, inflammable materials, 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 building, structure or premises other than the maintainer thereof, shall be punished by a fine.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-10)
The penalties provided for herein shall be recovered by the city in the same manner as provided by law for the enforcement of fines, forfeitures, and punishments for offenses against the city.
(1986 Municipal Code, Title 10, Chapter 2, Section 10-2-12)