The office of fire marshal is hereby created. Such office shall
report directly to the city manager. Such office shall be filled by
appointment by the city manager, with the consent of the city council.
The said fire marshal shall be properly qualified for the duties of
his office and shall be removed only for just cause and after a public
hearing before the city council.
(Ordinance 462, sec. 10-51, 10/18/05)
The fire marshal shall be the city’s arson investigator
and a peace officer as outlined in Texas Code of Criminal Procedure
article 2-12(7). The fire marshal shall investigate the cause, origin
and circumstances of every fire occurring within this city, and those
the fire department responds to outside of this city, in 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 investigations 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.
(Ordinance 454 adopted 1/18/05)
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 with the attempt to commit the crime of arson,
or of conspiracy to defraud, or criminal conduct in connection with
such fire, he 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, including
a copy of all pertinent and material testimony taken in the case.
(1995 Code, sec. 10-53)
The fire marshal shall have the power to summon witnesses before
him 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.
The fire marshal is hereby authorized and empowered to administer
oaths and affirmations to any persons appearing as witnesses before
him.
(1995 Code, sec. 10-54)
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
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, shall be deemed guilty
of a misdemeanor; and 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 in a sum not exceeding twenty-five
dollars ($25.00). Provided, however, that any person so convicted
shall have the right of appeal.
(1995 Code, sec. 10-55)
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.
(1995 Code, sec. 10-56)
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 adjoining or near 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.
(1995 Code, sec. 10-57)
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 to enter upon and make or cause to be entered
and made a thorough examination of all mercantile, manufacturing and
public buildings, 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 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 light devices or system, or a dangerous or unlawful storage of
explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals,
vegetable products, ashes, combustible, inflammable or 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 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. However, 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 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.
(1995 Code, sec. 10-58; Ordinance
adopting Code)
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 light device or system, or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, inflammable materials, refuse, or 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 building, structure or premises other than the maintainer thereof shall be punished by a fine as specified in section 1.01.009.
(1995 Code, sec. 10-60)
No prosecution shall be brought under section 5.04.009 of this article until the order provided in section 5.04.008 be given, and the party notified shall fail or refuse to comply with the same.
(1995 Code, sec. 10-61)
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.
(1995 Code, sec. 10-62)
Every day’s maintenance of any of the conditions prohibited
in any of the foregoing sections shall be a distinct and separate
offense.
(1995 Code, sec. 10-63)
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.
(1995 Code, sec. 10-64)
