The office of fire marshal shall be independent of other city departments. The fire marshal shall report directly to the mayor and city council. The current incumbent of that office shall continue. When the office becomes vacant, the mayor, with the consent of the city council, shall fill the office by appointment. The fire marshal shall be properly qualified for the duties of fire marshal and shall be subject to removal at all times and for any reason. He/she shall receive a salary in the amount established by city council from time to time, payable as full compensation for his/her services.
(Ordinance 212 adopted 12/2/96; 1997 Code, sec. 4-1-1; Ordinance adopting 2017 Code)
The individual appointed to the office of fire marshal should complete a fire prevention course annually. It is offered at Texas A&M campus during the last week in July. The city will pay for the tuition, travel, and food while at the course and provide a monetary stipend upon successful completion of the course.
(Ordinance 212 adopted 12/2/96; 1997 Code, sec. 4-1-2)
The duties of the fire marshal include:
(1) 
Having a working knowledge of fire prevention practices, fire hazards, inspection procedures, electrical codes, building practices, plumbing, maintaining records, and human relations.
(2) 
Conducting periodic inspections and reinspections, as required, of nonresidential property in accordance with fire prevention practice.
(3) 
Submitting required reports in a timely manner to the proper authorities.
(4) 
Working closely with the fire chief, the fire department, and city departments.
(5) 
Assisting peace officers in investigating fires suspected of having been started by arson.
(6) 
Coordinating for approval or denial all building permits except single-family dwelling building permits.
(Ordinance 212 adopted 12/2/96; 1997 Code, sec. 4-1-3)
(a) 
Right of entry.
The fire marshal shall have the right at all reasonable hours to enter into and upon all buildings and premises within the city for the purpose of fire prevention examination. The fire marshal may do so without having received a complaint, or with having received a complaint of any person having an interest in any building or adjacent property.
(b) 
Corrective action.
The fire marshal shall enter such facilities and premises periodically in order to conduct a thorough examination of all buildings except single-family dwellings, to include the premises belonging thereto.
(1) 
The fire marshal may order the property owner or occupant to write a plan to correct the following conditions:
(A) 
Whenever the fire marshal finds any building or other structure which, for want of repair or by reason of age or dilapidated condition, or for any just 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 people or property therein;
(B) 
Whenever the fire marshal shall find an improper or dangerous arrangement of stoves, ranges, furnaces, or other heating appliances of any kind whatsoever, including chimneys, flues, and pipes which may be connected to [thereto], or a dangerous arrangement of lighting devices or systems;
(C) 
Whenever the fire marshal shall find a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustibles, or flammable and refuse materials, or other conditions which may be dangerous in character or liable to cause or promote fire, or create dangerous conditions to the firemen or occupants; or
(D) 
Whenever the fire marshal finds any condition which may delay, impede, or prevent the safety, prompt warning, or escape of occupants, or any condition which may impede firefighting.
(2) 
Upon approval of a submitted corrective action plan by the fire marshal, the plan shall be implemented by the owner or occupant.
(3) 
The owners or occupants of the buildings or premises identified by the fire marshal under subsection (b)(1) of this section shall comply with the fire marshal’s order in subsection (b)(2) of this section. If the owner or occupant of these properties disagrees with such order, he/she may appeal within five (5) days to the mayor. The mayor shall investigate the cause of the complaint. Unless the mayor uses his authority to revoke the fire marshal’s order, such order shall remain in force and the owner or occupant shall comply with it forthwith.
(c) 
Reports to state fire marshal.
The fire marshal shall submit the following reports to the state fire marshal:
(1) 
Annual fire prevention reports due by August 15.
(2) 
Separate fire reports on each fire in the city, as required.
(Ordinance 212 adopted 12/2/96; 1997 Code, sec. 4-1-4)
(a) 
The fire marshal should investigate the cause, origin, and circumstances of every fire occurring within the city which results in property having been destroyed or damaged. The fire marshal should especially investigate whether the fire was the result of carelessness or design.
(1) 
The fire marshal shall begin the investigation within twenty-four (24) hours, excluding Sunday, of the occurrence of such fire.
(2) 
The fire marshal shall keep a record of all such fires investigated in his/her office, together with all the facts, statistics, and circumstances, including the origin of the fires and the amount of loss. The investigation required by this article may determine the origin and amount of loss. All records shall be made available to the city council or other legal authority upon request in accordance with the Freedom of Information Act and shall be delivered to city hall for storage at least annually.
(b) 
When in the opinion of the fire marshal further investigation is necessary, the fire marshal shall take or cause to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have knowledge in relation to the matter under investigation.
(1) 
Such persons shall be required to submit written statements, under oath.
(2) 
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, or document deemed pertinent thereto.
(A) 
The fire marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him/her.
(B) 
Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of the fire marshal, or who fails or refuses to produce any book, paper or document touching on any matter under investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation, shall be deemed guilty of a misdemeanor. The fire marshal shall prosecute all such offenders.
(3) 
The fire marshal may, in his/her discretion, conduct all investigations privately. The fire marshal may exclude persons other than those required to be present from the place where such investigation is held. In addition, the fire marshal may keep witnesses separate and apart from each other, so that they are not allowed to communicate with each other until they have been interviewed.
(4) 
The fire marshal shall have the authority at all times of the day or night to enter upon and examine any building or premises where any fire has occurred, and other buildings or premises adjoining or near the same. The fire marshal shall exercise this authority only with reason and good discretion. This authority is provided for the performance of the fire marshal’s duties imposed by the provisions of this article.
(c) 
In the event that the fire marshal suspects arson or an attempt to defraud, the fire marshal may request investigation assistance from the state fire marshal.
(d) 
If the fire marshal decides that there is sufficient evidence to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or to defraud, or to have committed criminal conduct in connection with a fire, the fire marshal 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 the fire marshal, including a copy of all pertinent and material testimony taken in the case.
(Ordinance 212 adopted 12/2/96; 1997 Code, sec. 4-1-5)
Any owner or occupant of a building or other structure or premises who shall keep or maintain the same when, 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 subject to penalty as provided in section 1.01.009 of this code.
(Ordinance 40 adopted 10/17/32; Ordinance adopting 1997 Code; Ordinance 212 adopted 12/2/96; 1997 Code, sec. 4-1-6)
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 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 device or system or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, flammable materials, or refuse or with any other condition which shall be dangerous in character to the person, 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 building, structure or premises other than the maintainer thereof shall be subject to penalty as provided in section 1.01.009 of this code.
(Ordinance 40 adopted 10/17/32; Ordinance adopting 1997 Code; Ordinance 212 adopted 12/2/96; 1997 Code, sec. 4-1-7)
(a) 
Failure to comply with the fire marshal’s order under section 5.02.004(b) or 5.02.005(b)(2) of this article is subject to penalties once the notified party fails or refuses to comply with the same.
(1) 
Each day’s maintenance of any of the conditions prohibited in this article shall constitute a distinct and separate offense.
(2) 
All misdemeanors herein provided for shall be prosecuted.
(3) 
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.
(b) 
The following misdemeanors are punishable by the fines listed:
(1) 
Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of the fire marshal, or who fails or refuses to produce any book, paper or document touching on any matter under investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation, shall be deemed guilty of a misdemeanor. Any person being convicted of any such misdemeanor shall be punished by a fine as provided in section 1.01.009 of this code.
(2) 
Any owner or occupant of a building or other structure or premises who keeps or maintains the same when, 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 people or their property therein, shall be punished by a fine as provided in section 1.01.009 of this code.
(3) 
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, 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 device or system, or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, flammable materials, or 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 as provided in section 1.01.009 of this code.
(c) 
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.
(Ordinance 212 adopted 12/2/96; 1997 Code, sec. 4-1-8)