The Office of Fire Marshal is hereby created. Such office shall be independent of other city departments, the Fire Marshal reporting directly to the Fire Chief. Such office shall be filled by appointment by the Fire Chief with approval of the City Manager, by and with the consent of the City Commission. The Fire Marshal shall be properly qualified for the duties of his or her office.
(Ordinance 424, sec. 1, adopted 2/13/35; Ordinance adopting Code; Ordinance 424-A-09-2023 adopted 9/26/2023)
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 and shall specially make investigation as to whether such fire was the result of carelessness or design. Such investigation shall begin within twenty-four (24) hours, not including Sunday, of the occurrence of such fire. The Fire Marshal shall keep in his or 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 424, sec. 2, adopted 2/13/35; Ordinance 424-A-09-2023 adopted 9/26/2023)
The Fire Marshal, when in his or 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 or 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 or 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, including a copy of all pertinent and material testimony taken in the case.
(Ordinance 424, sec. 3, adopted 2/13/35; Ordinance 424-A-09-2023 adopted 9/26/2023)
The Fire Marshal shall have the power to summon witnesses before him or 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. The Fire Marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him or her.
(Ordinance 424, sec. 4, adopted 2/13/35; Ordinance 424-A-09-2023 adopted 9/26/2023)
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 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 as aforesaid, 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 accordance with the general penalty for violation of code in the City of San Benito Code of Ordinances, section 1.01.009; provided, however, that any person so convicted shall have the right of appeal.
(Ordinance 424, sec. 5, adopted 2/13/35; Ordinance 424-A-09-2023 adopted 9/26/2023)
All investigations held by or under the direction of the Fire Marshal may, in his or 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 and not allowed to communicate with each other until they have been examined.
(Ordinance 424, sec. 6, adopted 2/13/35; Ordinance 424-A-09-2023 adopted 9/26/2023)
(a) 
When fire has occurred.
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.
(b) 
Upon complaint.
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 or her 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 buildings, together with the premises belonging thereto. Whenever he or she shall find any building or other structure which, for want of repair, or by reason of age or dilapidated conditions, or for any reason, is especially liable to fire, and which is so situated as to endanger persons or property, or so occupied that fire would endanger persons or property therein, and whenever he or 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, 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 firefighters or occupants, he or she 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. Provided, however, that if the owner or occupant deems himself or herself aggrieved by such order, he or she may within five (5) days appeal to the City Commission, who shall investigate the cause of the complaint, and unless by his or her authority the order is revoked such order shall remain in force and be forthwith complied with by said owner or occupant.
(c) 
Should entry for the purposes of investigation be denied, the Fire Marshal shall obtain a search warrant unless immediate entry is otherwise authorized by law due to an exigent circumstance or circumstances.
(Ordinance 424, sec. 7, adopted 2/13/35; Ordinance 424, sec. 8, adopted 2/13/35; Ordinance adopting Code; Ordinance 424-A-09-2023 adopted 9/26/2023)
(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 in accordance with the general penalty in section 1.01.009 of this code.
(b) 
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, inflammable materials, refuse, or with any other condition which shall be dangerous in character in 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 in accordance with the general penalty in section 1.01.009 of this code.
(Ordinance 424, secs. 9, 10, adopted 2/13/35; Ordinance 424-A-09-2023 adopted 9/26/2023)
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 424, sec. 12, adopted 2/13/35; Ordinance 424-A-09-2023 adopted 9/26/2023)
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 424, sec. 14, adopted 2/13/35; Ordinance 424-A-09-2023 adopted 9/26/2023)
[1]
Editor's note–Former division 2 pertaining to similar subject matter, was amended by Ordinance 2571-B-09-2023 adopted 9/26/2023. Prior to the replacement this division derived from Ordinance 2571-A adopted 11/17/20.
(a) 
Classification.
The following classifications and number of budgeted positions are reconfirmed and authorized for the San Benito Fire Marshal's Office and shall continue in effect until modified by the City Commission:
(1) 
Fire Marshal:
One position is authorized. This one position, which is the statutory, appointed by the department head of the San Benito Fire Department with the approval of the City Manager, is authorized at a salary to be set by this division.
(b) 
Base salary.
The base salary for each rank shall be set by the City Commission as part of the budget process. The base salary for each rank shall be the same for each member in that rank.
Rank
Base Salary on October 1, 2023
Fire Marshal
$65,000.00
(c) 
Rates for Shift Personnel are based on a minimum of 2,756 hours per year. Rates for Non-Shift Personnel are based on a minimum of 2,080 hours per year.
In accordance with Texas Local Government Code sections 143.041 through 143.044, the following schedule is for Supplemental Pays, and shall continue in effect until modified by the City Commission.
(1) 
EMT Certification Pay: $1,000.00 annually – one assignments available:
Certification Level
Current Budgeted Slots
Basic
1
(2) 
Fire Inspector Certification Pay (TCFP): (highest certification only, not cumulative): $1,000.00 annually – one assignments available.
Certification Level
Current Budgeted Slots
Intermediate, Master, or Advanced
1
(3) 
Fire or Arson Investigator Certification (TCFP): (highest certification only, not cumulative) – An Arson Investigator may serve as a Deputy Fire Marshal. $1,000.00 annually – one assignments available.
Certification Level
Current Budgeted Slots
Intermediate, Master, or Advanced
1
(4) 
Structure Firefighter Certification (TCFP) (highest certification only, not cumulative):
Certification Level
Current Budgeted Amount
Intermediate
$1,025.00
Advanced
$1,725.00
Master
$2,400.00
(5) 
Plans Examiner (TCFP) (Highest Certification Only, Not Cumulative) $1,000.00 annually – one assignments available.
Certification Level
Current Budgeted Slots
Plans Examiner I or II
1
(6) 
Education pay – (Pay for having the following college hours or degree, not cumulative):
College Hours/Degree
Annual Amount (prorated)
60 College hours
$650.00
Associate's Degree
$950.00
Bachelor's Degree
$1,250.00
Master's Degree
$2,550.00
(A) 
The foregoing education pays are limited to college course hours or degrees related to fire science, criminal justice, law enforcement, social services, business administration, public administration, or any additional course work that is relevant to the duties of a San Benito Firefighter to be determined by the Chief. A Determination Letter from the Fire Chief is required to be on file with the City's Payroll Department.
(B) 
The foregoing education pays are for firefighting personnel who hold the required hours or degrees. Pays are for the highest level held and are not cumulative. Education pays are stated in annual amounts and will be paid in pro-rata amounts throughout yearly pay periods established by the city. Credit for college hours or degree or graduation shall be from an accredited university or college as indicated by the U.S. Department of Education. Proof of qualifying college hours or degrees must be on file with the City's Payroll Department in order to qualify for this pay.
(7) 
A firefighter who leaves the classified service for any reason is entitled to receive in a lump-sum payment the full amount of the person's salary for accumulated sick leave if the person has accumulated not more than 90 days of sick leave. A firefighter who has accumulated more than 90 working days of sick leave, is entitled to receive in a lump-sum payment the full amount of the person's salary for the amount of 1,080 hours.
(8) 
Longevity pay will be paid as per Texas Local Government Code section 141.032.
(9) 
In addition to the statutory longevity pay required by law above, the city also authorizes seniority pay pursuant to Texas Local Government Code section 143.041(c)(1), in the amounts specified in exhibit A, attached to Ordinance 2571-B-09-2023.
(10) 
Any form of supplemental pay required by civil service law to be authorized by ordinance, and not listed in herein, is expressly repealed.
(a) 
Pay for assignment of performance of specified assignments identified below, amounts shown are annual.
(b) 
In connection with all of the recognized assignment pays specified below, the city reserves the right to determine the number of assignments to be budgeted or authorized at any given time for such assignments.