1958-4-Ordinance-Creating the Office of Fire Marshal-12/15/1958ORDINANCE NO 1958-4
AN ORDINANCE CREATING THE OFFICE OF FIRE MARSHAL, PRFSCRIB«
ING THE DUTIES THFR' EOF, PROVIDING FOR ITS MAINTENANCE, AND
PRESCRIBING PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF S.ANGER, TEXAS
SECTION 1. The office of Fire Marshal is hereby created. Such office
shall be independent of other city departments, the Fire Marshal re«
porting directly to the Mayor and City Commission or Council. Such
office shall be filled by appointment by the Mayor, by and with the
consent of the City Commission or Council, within f days after
this ordinance shall take effect. The said Fire Marshal shall be pro= O/Y&
perly qualified for the duties of his office, and sbijall,be removed on"
ly for cause. He shall receive an annual salary dollars, y
payable in monthly installments, as: full compensation Yfor his services..
SECTION 2. The Fire Marshal shall i_nvesti_lgate the cause, origin and ° 1"'"''
circumstances of every fire occurring withinF;this city by which proms
perly has been destroyed or damaged, and shall especially make invest
tigation as to i4i ether such fire was the result of carelessness or de«
sign. Such investigation 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 ordinance.
SECTION 3. The Fire Marshal, when in his opinion further investigation
is necessary, shall take or cause to be taken the testimony, on oath,
of all person supposed to be cognizant of any facts or to have means
ofknowledge 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 persoia 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.
SECTION 4 . The Fire Marshal shall have the power to summon witnesses
before him to testify in relation to any matter which is by the pre-
visions of thisordinance a subject of inquiry and investigation, and
may require the production of any book, paper or document deemed per"
tinent thereto. The said Fire Marshal is hereby authorized and em«
powered to administer oaths and affirmations to any persons appearing
as witnesses before him.
SECTION 5. Any witness who refuses to be sworn, or who refuses to
appear or testify, or who disobeys any lawful order of said Fire Mares
shal, or who fails or refuses to produce any book, paper or document
touching any matter under examination, or i4 o is guilty of any eon"' :r
temptuous 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 proms
secuted. any person being convicted of any such demeanor shall be
fined in a sum not exceeding twenty-five dollars (J25.00). Provid"
ed, h.owever, that any person so convicted shall have the right of
appeal.
SECTION 6. 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 c ommunicate with each other
until they have been examined,
SECTION 7. The Fire Marshal d all have the authority at all times of
day or night, when necessary, in the performance of the duties imw*
posed upon him by the provisions of this ordinance, 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 author«
ity shall be exercised only with reason and good discretion.
SECTION The Fire Marshal, upon complaint of any person having an
interest in any building or property adjacent and without any com-
plaint, 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, monthly ar more often, to
enter upon and make or cause to be entered and made, a thorough ex
amination of all mercantile, manufacturing and public building, tom
gether with the premises belonging thereto. Whenever he shall find
any building or other structure which, for want of repair, or by reaw
son of age or dilapidated condition, or for any cause, is especially
liable to fire, and which is sD situated as to endanger other build
ings or property, or so occupied that fire would endm ger 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 arraz gement of lighting dew
vices or systems, or a dangerous or unlawful storage of explosives,
compounds, petroleum, gasoline, kerosene, dangerous chemicals, vege�
table 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 firemen
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. Provided, however, that if said owner
or occupant deems himself aggrieved by such order, he may, within
(5) days, appeal to the Major, i�h o shall investigate the ccause 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 donditions,
together with separate report on each fire in the city during the
month.
SECTION 9. 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 en"
danger buildings or property of thers, 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 of not less than
ten dollars ($10.00) nor more than fifty dollars 0,,50.00).
SECTION 10. Any owner or occupant of any building or other s tructure$
or premises, who shall keep or maintain the same with an improper ar�
ramgement of a stove, ran ge, 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 otherso 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 ex"
plosives, petroleum, gasoline, kerosene, chemicals, vegetable products,
ashes, combustibles, inflammable 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 firemen, or occupants of such building, structure or prew
miser other than the maintainor thereof, shall be punished by a fine
of not less than ten dollars (P10.00) nor more than fifty dollars (150.00).
SECTION 11. No prosecution shall be brought under Sections 9 and 10
of this ordinance until the order provided for in Section 8 be given,
and the party notified shall fail] or refuse to comply with the same.
SECTION 12. The penalties proved&d 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.
SECTION 13. Every dayts maintenance of any of the conditions pro"
hibited in any of the foregoing sections shall be a distinct and sep"
arate offense.
SECTION 14. 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.
SECTION 15. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 16. Whereas, public safety demands the immediate passage of
this ordinance, creating the offide of Fire Marshal and empowering the
said officer to discharge the duries herein set out, therefore an em«
ergency exists demanding a suspension of the rules requiring ordinances
to be read on three several days, said rule is hereby suspended, and
this ordinance is placed on its first reading and final passage, and
shall be effective and in full force from and after its passage
and approval.
Approved this 15 day of December, 1958