In the interest of fire prevention and fire investigation, the
office of fire marshal/arson investigator is hereby created pursuant
to Texas Local Government Code, section 22.071 et seq. This office
shall be independent of other departments and shall report directly
to the city manager.
(Ordinance 99-05-04, sec. 1, adopted 5/4/99)
When, in the opinion of the fire marshal, further investigation
in necessary, the fire marshal shall have the power to:
(1)
Summon witnesses to testify regarding the fire or incident;
(2)
Administer an oath to the witnesses;
(3)
Take and preserve written statements, affidavits, and depositions;
(4)
Require the production of documents that are pertinent to the investigation;
(5)
Declare that an investigation is private and have all persons, other
than those required to be present, excluded from the place where such
investigation is being held, and have witnesses be kept separate and
apart from each other and prohibited from communicating with one another
until after such time that they have been examined.
(Ordinance 99-05-04, sec. 6, adopted 5/4/99)
When the fire marshal is of the opinion that there is evidence
sufficient to charge any person with the crime of arson, attempted
arson, or conspiracy to commit criminal conduct in connection with
any fire, the fire marshal shall cause to have such person lawfully
arrested and charged with such offense(s), and shall furnish the prosecuting
attorney with all evidence, names and statements of witnesses, and
all other information gathered in the course of the investigation.
(Ordinance 99-05-04, sec. 7, adopted 5/4/99)
The fire marshal shall have the authority at all times of day
or night, when necessary to perform the duties of the office, to enter
and examine any building or premises where a fire has occurred or
where a threat of a fire or explosion has been made. The fire marshal
shall conduct this investigation in a manner designed to impose the
least inconvenience to any persons living in the building.
(Ordinance 99-05-04, sec. 8, adopted 5/4/99)
Any witness who, after being summoned by the fire marshal, refuses
to be sworn, to appear or to testify, disobeys any lawful order of
the fire marshal, fails or refuses to produce any requested document,
or is guilty of any contemptuous conduct during the course of the
fire marshal’s investigation shall be deemed guilty of a misdemeanor.
It shall be the duty of the fire marshal to cause all such offenders
to be prosecuted.
(Ordinance 99-05-04, sec. 9, adopted 5/4/99)
(a)
It shall be the duty of the fire marshal to inspect for fire hazards
any structure, appurtenance, fixture or real property located within
200 feet of a structure, appurtenance or fixture. Additionally, the
fire marshal shall inspect a structure for fire hazards when called
on to do so.
(b)
A fire hazard may include, but is not limited to, any of the following
conditions that endanger the safety of a structure or its occupants
and promote or cause fire combustion: the presence of a flammable
substance; a dangerous or dilapidated wall, ceiling, or other structural
element; improper lighting, heating, or other facilities; the presence
of a dangerous chimney, flue, pipe, main, or stove; the presence of
dangerous wiring; or the dangerous storage of explosives, compounds,
petroleum, gasoline, kerosene, dangerous chemicals, vegetable products,
ashes, combustibles, inflammable refuse materials, wastepaper, or
rags.
(c)
Whenever the fire marshal shall find a fire hazard in any structure,
appurtenance, fixture or real property, the fire marshal shall order
the conditions to be removed, and such order shall be complied with
by the owner or occupant of the building or premises.
(d)
The fire marshal shall also reinspect premises previously deemed
hazardous for the purpose of monitoring the correction of the hazardous
condition.
(e)
The fire marshal shall keep written records of all inspections and
reinspections of fire hazards. Such records shall include the date
of the inspection, any hazardous conditions found on the premises
and corrective action to be taken.
(f)
At the end of each month, the fire marshal shall report to the state
fire marshal all existing hazardous conditions, together with a separate
report on each fire or explosion that occurred in the city within
that month.
(g)
The owner or occupant of a building or premises where the fire marshal
has ordered the correction of a hazardous condition may, within 5
days, appeal such an order to the city council. At said hearing, the
owner or occupant under order of the fire marshal has the right to
be represented by counsel of his/her choosing. Additionally, the owner
or occupant will have the right to present evidence as to why the
order to correct the hazardous condition should be revoked. Such an
order shall remain in effect unless the city council expressly revokes
such order in writing.
(h)
Any owner or occupant of a building or premises that refuses to remove
hazardous materials, or shall keep or maintain the hazardous condition,
shall be punished by a fine not to exceed $500.00 for each offense.
(i)
Each day’s maintenance of any of the above listed conditions
shall constitute a distinct and separate offense.
(j)
In addition to other remedies and penalties, if a fire is caused
directly or indirectly from any omission or neglect to properly comply
with the order of the fire marshal, the person culpable or negligent
in respect thereto shall be liable in a civil action for the payment
of all costs and expenses of the fire department incurred in and about
the use of firefighters, apparatus, and materials in the extinguishing
of any fire resulting from such cause, the amount of such costs and
expenses to be fixed by the city manager.
(k)
The penalties provided herein shall be recovered by the city in the
same manner as provided for by law for the enforcement of fines, forfeitures,
and punishments for offenses against the city.
(Ordinance 99-05-04, sec. 10, adopted 5/4/99)
The fire marshal shall have the duty to enforce all state, federal
and local laws pertaining to fire investigation and fire inspection.
(Ordinance 99-05-04, sec. 11, adopted 5/4/99)
At the request of the fire chief or ranking fire officer, the
fire marshal may assist the fire department in their territory outside
the city.
(Ordinance 99-05-04, sec. 12, adopted 5/4/99)
The fire marshal shall have the authority to administer municipal
firework public display permits for locations within five thousand
(5,000) feet of the city limits provided the municipal public display
permits meet the requirements for state public display permits in
Texas Occupations Code chapter 2154 as amended.
(Ordinance 2015-07, sec. 1, adopted 6/16/15)
