The office of fire marshal is hereby created. Such office shall
be under the direction of the fire chief, the fire marshal reporting
directly to the fire chief.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.201)
The fire marshal shall carry out those duties as enumerated
in the city’s fire code, including but not limited to the inspection
of all new construction.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.202)
The fire marshal shall enforce the city’s outdoor burning
regulations.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.203)
(a)
The
office of fire marshal shall be the arson investigating unit of the
city, and the fire marshal shall be designated an arson investigator
as that term is used in Vernon’s Ann. C.P.P. art. 2.12(7).
(b)
The fire marshal shall investigate the cause, origin and circumstances of every fire occurring within the city by which property has been destroyed or damaged or by which the owner/occupant of the property or a firefighter suffers personal injury, and shall especially make investigation 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. If an investigation is not conducted within the time period the city fire department has custody of the property, the fire marshal must seek an administrative inspection warrant to enter upon the premises as provided in section 5.02.011 of this article. The fire marshal shall keep in his/her 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.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.204)
The fire marshal, when in his/her 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/she 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/she shall cause such person to be lawfully arrested
and charged with such offense or either of them, 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/her,
including a copy of all pertinent and material testimony taken in
the case.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.205)
The fire marshal shall have the power to summon witnesses before
him/her to testify in relation to any matter which is, by the provisions
of this article, a subject of inquiry and investigation, and may require
the production of any book, paper, photograph or other document deemed
pertinent thereto. The fire marshal is hereby authorized and empowered
to administer oaths and affirmations to any persons appearing as witnesses
before him/her.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.206)
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, photograph or
other 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; it shall be
the duty of the fire marshal to cause all such offenders to be prosecuted.
Any person being convicted of any such misdemeanor shall be fined
a sum not exceeding two thousand dollars ($2,000.00) for each offense.
Each day that a violation is permitted to exist shall constitute a
separate offense. Provided, however, that any person convicted of
such has the right to appeal.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.207)
All investigations held by or under the direction of the fire
marshal may, at his/her 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 until they have been examined.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.208)
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/her 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. If an examination is not conducted within the time period the city fire department has custody of the property, the fire marshal shall seek an administrative inspection warrant to enter upon the premises as provided in section 5.02.011 of this article.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.209)
The fire marshal, or his/her designee, upon complaint of any person having an interest in any building or property adjacent and without 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 when such building or premises is under the custody of the city fire department. If the building or premises is not under the custody of the city fire department, the fire marshal, or his/her designee, shall seek an administrative inspection warrant to enter upon the building or premises as provided in section 5.02.011 of this article. It shall be his/her duty or the duty of his/her designee, yearly, or more often, to enter upon and make, or cause to be entered and made, a thorough examination of all mercantile, manufacturing and public buildings or other structures which, for want of repair, or by reason of age or dilapidated condition, or for any cause, are especially liable to fire, and which are so situated as to endanger persons or property therein, and whenever he/she 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, electrical hazards, or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible, or flammable 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 firefighters or occupants, he/she, or his/her designee, 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. Provided, however, that if said owner or occupant deems himself aggrieved by such order, he may, within five (5) days, appeal to the city manager, who shall investigate the cause of the complaint, and unless by their 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 a separate report on each fire in the city during the month.
(Ordinance 1039 adopted 5/20/09; 2004 Code, sec. 5.210)
(a)
An
administrative inspection warrant is not required to enter into and
upon any building or premises if:
(1)
The owner, occupant or agent in charge of the building or premises
consents to an inspection;
(2)
The building or premises presents an imminent danger to the public
health and safety; or
(3)
Any other exceptional situation or emergency exists involving an
act of God or natural disaster in which time or opportunity to apply
for a warrant is lacking.
(b)
The
municipal court judge may, on proper oath or affirmation that shows
probable cause, issue a warrant to conduct an administrative inspection
authorized by this article. A warrant may be issued only on an affidavit
that:
(1)
Is given by a person with knowledge of the facts alleged;
(2)
Is sworn to before the judge; and
(3)
Establishes the grounds for issuance of the warrant.
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The judge shall issue a warrant if the judge is satisfied that
grounds for the application exist or that there is probable cause
to believe they exist.
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(c)
The
warrant must:
(1)
Identify the building or premises to be inspected;
(2)
State the purpose of the inspection;
(3)
State the grounds for issuance of the warrant and the name of each
person whose affidavit has been taken in support of the warrant;
(4)
Be directed to the fire marshal or other person authorized to execute
this article;
(5)
Command the person to whom the warrant is directed to inspect the
building or premises for the purpose specified;
(6)
Direct that the warrant be served during normal business hours; and
(7)
Designate the judge to whom the warrant is to be returned.
(d)
A
warrant issued under this section must be executed and returned not
later than the 10th day after the date of the warrant’s issuance
unless the judge allows additional time in the warrant after a showing
by the fire marshal of a need for additional time.
(e)
The
term “probable cause” as used in this section means a
reasonable belief that a valid public interest exists in the enforcement
of this article that is sufficient to justify an administrative inspection
of the building or premises.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.211)
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 not to exceed two thousand dollars
($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.212)
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 connected, so as to be dangerous in the matter of fire, health
or safety of persons or property of others; who shall keep or maintain
any building, 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,
flammable 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 firefighters,
or occupants of such buildings, structures or premises other than
the maintainer thereof, shall be punishable by a fine not to exceed
two thousand dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.213)
No prosecution shall be brought under section 5.02.012 and 5.02.013 of this article until the order provided for in section 5.02.010 be given and the party notified shall fail or refuse to comply with same.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.214)
(a)
Criminal penalty.
Any person who violates a provision
of this article shall be guilty of a misdemeanor, and upon conviction
therefor shall be fined an amount not to exceed two thousand dollars
($2,000.00) for each offense. Each day that a violation is permitted
to exist shall constitute a separate offense.
(b)
Civil action.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article;
(2)
A civil penalty up to one thousand dollars ($1,000.00) a day when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(3)
Other available relief.
(Ordinance 970 adopted 4/20/05; 2004 Code, sec. 5.215)
