(A) 
The Office of Fire Inspector is hereby created in accordance with Chapter 4, Section 4.05.2 of the Whitehouse City Charter. The Fire Inspector shall report to the City Manager and/or his/her designee. The Fire Inspector shall be a licensed by the Texas Commission on Fire Protection and hold both Fire Inspector #1 and #2 certificates. As Fire Inspector he shall have the authority to recommend the appointment and removal to the City Manager, of Deputy Fire Inspectors with like powers and responsibilities as his own.
(B) 
The Fire Inspector and his Deputies shall comply with all state mandated licenses and education requirements set forth by the Texas Commission on Fire Protection and or any future appropriate governing body approved by the state legislature or as may be required by federal law.
(Ordinance 278 adopted 2/22/88; Am. Ordinance 398 adopted 4/16/96; Am. Ordinance 12-1024-02 adopted 1/24/12)
(A) 
The Fire Inspector and/or his deputies 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, not including Sunday, of the occurrence of such fire. The Fire Inspector 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 subchapter.
(B) 
The Fire Inspector and/or his deputies, when in his opinion shall deem that further investigation is necessary, shall take or cause to be taken 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 with the attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, he or his deputies shall cause the person to be lawfully arrested and charged with such offense or either of them, and shall furnish 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 testimony taken in the case.
(Ordinance 278 adopted 2/22/88; Am. Ordinance 398 adopted 4/16/96)
The Fire Inspector and/or Deputies shall have the power to summon witnesses before him to testify in relation to any matter which is by provisions of this subchapter a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto. The said Fire Inspector, or Deputies, is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.
(Ordinance 278 adopted 2/22/88; Am. Ordinance 398 adopted 4/16/96; Am. Ordinance 12-1024-02 adopted 1/24/12)
Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of said Fire Inspector, or Deputies, 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 Inspector, or Deputies, in the matter of said investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation as aforesaid and it shall be the duty of the Fire Inspector, or Deputies, to cause all such offenders to be prosecuted.
Penalty, see sec. 10.99
(Ordinance 278 adopted 2/22/88; Am. Ordinance 398 adopted 4/16/96; Am. Ordinance 12-1024-02 adopted 1/24/12)
All investigations held by or under the direction of the Fire Inspector, or Deputies, 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 being 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 278 adopted 2/22/88; Am. Ordinance 398 adopted 4/16/96; Am. Ordinance 12-1024-02 adopted 1/24/12)
The Fire Inspector and/or Deputies, shall have the authority at all times of the day or night, when necessary, in the performance of the duties imposed upon him by the provisions of this subchapter, 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 278 adopted 2/22/88; Am. Ordinance 398 adopted 4/16/96; Am. Ordinance 12-1024-02 adopted 1/24/12)
(A) 
The Fire Inspector and/or Deputies, upon complaint of any person having an interest in any building or property adjacent to any structure damaged or destroyed by fire, shall have the 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 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.
(B) 
Whenever he 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 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 fireman 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 such building or premises.
(C) 
If said owner or occupant deems himself aggrieved by such order, he may, within five days, appeal to the City Manager, 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.
(D) 
At the end of each month the Fire Inspector shall report to the City Manager and/or his/her designee all existing hazardous conditions, together with separate report on each fire in the city during the month.
(Ordinance 278 adopted 2/22/88; Am. Ordinance 398 adopted 4/16/96; Am. Ordinance 12-1024-02 adopted 1/24/12)
(A) 
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 of not less than $1 or more than $200.
(B) 
No owner or occupant of any building or structure, or premises, may keep or maintain the same with an improper arrangement of a stove, range, furnace, or other heating appliance of any kind whatever, including chimneys, flue, and pipes, with which the same may be connected, so as to be dangerous in any matter of fire, or health or safety of persons or property of others; or who shall keep or maintain any building, or other structure or premises with an improper arrangement of a lighting device 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, 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 buildings, structures or premises other than the maintenance thereof, providing for the issuance of an order by the Fire Inspector.
Penalty, see sec. 10.99
(Ordinance 278 adopted 2/22/88; Am. Ordinance 398 adopted 4/16/96; Am. Ordinance 12-1024-02 adopted 1/24/12)
(A) 
No prosecution shall be brought under sec. 91.37 until the order provided for in sec. 91.36 be given, and the party notified shall fail or refuse to comply with the same, within the time specified in said order.
(B) 
All misdemeanors herein provided for shall be prosecuted, and all fines and forfeitures herein provided for shall be recovered and enforced, in the same manner as provided by law for the enforcement of fines, forfeitures, penalties and punishments for offenses generally against the city.
(Ordinance 278 adopted 2/22/88; Am. Ordinance 12-1024-02 adopted 1/24/12)
(A) 
Any person who violates any provision of this chapter for which no penalty is provided shall be subject to the terms of sec. 10.99.
(B) 
Any person who violates the provisions of secs. 91.15 through 91.21 shall, upon conviction for such violation, be fined an amount not to exceed $500.
(C) 
Any person, firms, or corporation or agent violating any of the provisions of secs. 91.30 through 91.38 shall be punished by a fine of not less than $1 or more than $200.
(Ordinance 09-0324-03 adopted 3/24/09; Am. Ordinance 12-1024-02 adopted 1/24/12; Am. Ordinance 13-0618-01 adopted 6/18/13)