NO. 25
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ADVISORjf :~m!: MAa,QSJaAL ORDINA~CE
OrdlJWlce 10.25
Recommended By
Fire Insurance Division
Austio,9 Texas
AN ORDINANCE creating the office of Fire Marshal~ Prescribing the duties thereof, Providing
for its mainter~nce>> and Prescribing penaltie$ for violations.
Be it ordained by the C-ity C9lMlh8!i..8:11!l o!!' Council of the City of Sc. H t 1\ r~, TEXA~ ~
SECTION L 'rb.e office of Fire Marshal is hereby created. Sueh office shall be independent
of other c1 ty departments J 't,he Fire Marshal reporting directly to the Mayor and City
S~lS5i1.>>1 or Council. Sucll office sha.ll be filled by appointment by the Mayor.ll by
and with the consent of the City a~~1L~leH ir Councily within~days after~~~~
ordl,nani:;;e shall 'take. etfei-t. c.."rJ:Cle s~)d j[i'ire. Mar~hal shall be removed onJ:y top -:::1'ln~ ~
HEf' 8lia1:,1 "f.~{ei~t 1;.k ~nftWa.lr's8J.~~~:t' I 3 ~ I) :.-- dollars, payable in monthly
installments, as full compensation for his services.
SECTION 20 The Fire lM'arsbal shall il:'1vesMga"t6 the ca'il.1lSe, origin alld circumstancer;; of
every fire occurring within this city by which property 1ms been destroyed ~r dam-
aged,9 and shall especiall;)i' make iiJ:l\vestiga'tion as to whether such fire was the result
of careless~5 Or.' a:e5i~o Syel'a i1ll\v.estigation shall be begun within twenty-four hours,
no't including Sund,ay>> of the occurrence elf such fire 0 'rlne Fire ~,arshal shall keep in
his office a record of all fires, together with all facts, statistics a~d circumstances,
including the origin of the fires and the amount of the loss, which may be determined
by 'the investigation required by this ordinanceo
SECTION 30 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 cogni-
zant of any facts or to have means of knowledge in relation to the matter under invest-
igation>> and shall cause the same to be reduced to writing; and if he shall be of the
opini,on. that there is evidence s'!1I,fficien~(; to charge any person wi'th the crime of arson,
or with the attempt to commit the crime of arson, or of conspiracy to defraud, or crim-
inal conduct In connection wi'th such fire, he shall cause such person to be lawfully
arrest,ed and charged w:lLth such offense or e1 ther of themjl and shall furnish to the
proper prosecuting attorney all such evidencej) together with the names of witnesses
and all of the informati,on o1:.tained by himj) including a copy of all pertinent and
material. 'testomony taken in the cas,e. ,
SECTION 40 fi;rne F:ire Marsltla.l shall have the pow.el' to stmm.ion witnesses before him to testify
in relat;ion to any matter which is by the proviSions of this ordinance a subject of
inquiry and imres'tiga.tio!rt>> and may requi,re '<t;h~ pZ'od1\I~'\t;io!ry, of any book>> paper or docu-
mEmt deemed perttf'1.en:t t,heret,o <> The Bald Fire Marshal ::l.s hereby authorized and em-
powered. 'to administer oaths and a,ff:lrma.tiol1S to any persons appearing as witnesses
befa:r.e hill'! 0
SECTION 50 Any wi..tness who refuses to be sworn>> or who refuses to appear or testif;y, or
who disobeys any lawful order of said Fire Marshal, or w~o fails or refUses to produce
any "book>> paper or dOl'::'tl.'!me)tJ),t t;ouching arlY :ma:tter under examination>> or who is guilty of
any contempt'rillOU\S t:ond~:&ct during any of. the proceedings of the F'ire Marshal in the IDa tter
of said invest;igation or iRlquir"j'>> after being s;mmnoned to glye testimony in relation to
any matter under investigation as afo:::esaidJ shall be ,d.eemed guilty of a misdemeanor;
and it shall be the duty of tJlite F..:tre Mars:bal to cause all such offenders to be prose-
cuted. Any person being convicted of any such demeanor shall be fined i~ a sum not
exceeding twent~=five dollars ($25000)0 Provided~ howeverJ that any person so con-
victed shall have the right of appealo
SECTION 60 All :i.nvestigations held by or under the direction of the Fire Marshal may, in
his discretion>> be private) aind persons other then ~<t;hose req1)1ired to be present may be
excluded from the place where such ipyestigation is heldJ and wi,tnesses may be kept
separate and apart from each other and not allowed to f~omm!,'!,l:dcate with each other
until t;hey have been examined 0
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. Adv5s, .f.'Y' Fire Marshal Ordinance, Page 2
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SEC'IJIm;i;" The FiJ:'€ Mars)hal shall have the aut.hori ty at all times of day or night ~ when
'(l\8Cesf::p:u';ji', in the performance of the duties imposed upon him by the prQvision$ of this
o"'J.:l,nal\1Ce, to'enter upon and examine any building or premises where any fire has occur-
redJ and other buildings and premises adjoining or near the same, which authority shall,
be 'C-:xercised only with reason and good discretion.
SEC'.rI(X~ 8. The F.'ire Marshal, upon complaint of any person having an interest in any build-
ing or property adjacent and without any complaint, shall bave a right at all reasonable
hours) for the purpose of examination) to enter into and upon all buildings and premises
wi thin the ci,ty J and i-I;, shall be bi.s duty, mont.hly or more often, to enter upon and make
or Catlse 'co 'be e:ntered and made, a thorough examination of all mercantile, manufacturing
and publi.c buJ.ldings, together with the premises belonging thereto. Whenever he shall
find any building or other str~cture 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
si tuated as 'co endanger other buildi,ngs or property) or so occ\lJlpieq. that fire would en-
da.nger persons or property t.herein, and Whe)~leVer he sr...all find an :;'lnproper or dangerous
arrangement of stoves, ranges, furnaces or other heating appliances of any kind whatso-
ever J includi,ng chimney'S, flues,~ and ptpes wi"eh which the Barile znay be con.ro.ect.e.d3 or a
dalOlf\:ermli3 arrangement of lighting devi.ces or sji's tem..s, or a Q.al'l,gerOus or unlawf"illl storage
o:f ii:!xplos:Lves, compounds, petroleum, gasolene.9 kerosene) dangerous ch€~micals, vegetable
product;s, ashes, combustible; inflammable and refuse materials, or other conditions
which :Q".E,ylD8 da.:nger01',lI.s in character or liable to cause or promot.e fire or create COll-
d:i.tio!':'3.8 dangerous to the firemen or occupants J he shall oT'::ler tlle same to be removed
or :'C'e~7l,edied, 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 s~1\ch order, he may, within five (5) I days, app~al to the Mayor, who
shall invest:i.gate tbe cau.se of the complaint and unless by his autq..ori ty the order is
revoked) su,ch order shall remain :i.n force and be fori:;hwi't17'complieq with by said owner
or oCC'tRpant. At "t.he end of each month the JBi'ire MarsP.,8.1 shall report to the State Fire
MarstJal all existing hazardous condit5.ons, together with separate repo:rt on each fire
in, the cit;y during the month.
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SEGJ.:'ION 90 AD,y OW!1er or occupant of a building or other structure or premises, who shall keep
or TI2aintain the same when, for want of repair, or by reason of age or dilapidated condi-
tiorJ..9 or for any cause, it is especially liable to fire, and which is so situated as to
endanger "!o'iJ.ildings or property of others, or is especially 'liable to fire and which is
so oc.cu.pied tha.t. fire W01.11d endanger other persolls or their property therein, shall be
punished. by a fine of 1'10t. lea s -than ten dollars ($10.0'0) nor more than fifty dollars
( $ 50 . 00) 0
SECTIO:~ 1'0, Any owner or occupan:t of any building or other s true Gure ~ or premis es, who shall
keep or rnairl,tain the same 'I..d th an improper arra.ngement of' a stove J range J furnace J or
other hea t,ing applia.nce of any kind. whatever" including chimneys, flues." and pipes with
which tJ,le same may be connected" so as to be dangerou.s in the mat/Gel" of fire, or healt.h,
or safet;y of persons or property of others; or w'ho shall keep or maintain any bUilding,
other strl:J.ct;u.re or prem.ises with at!, improper arrao,gement; of a light;ing device or system,
or with a storage of explosives, pet.roletlllly gasol.enep kerosen.e; chem5.cals, vegetable
product.s, ashes, corribus't;ibles, inflammable materials J refuse, or wi'\:',h any' other condi-
t.ion whid!, sh.all 'be dangerous in charac'Ger to the persons ~ health. or property of others;
or w:hi.cb, shall be .dangerous in ,(,he matter of promoting, augmen.ting or causing fires; or
whic.h shall create conditions dangerous to firemen) or occupants of such building, struc-
t'!:tre or premlses other than the maintainor t.hereof, shall IDe pu,nished by a fine of not
less tha.n tet'lL dollars <*10.00) nor more than fift~i{ dollars ($50.00).
SECTION 11. No prosecution shall be brought under Sections 9 and 10 of this ordinanCe until
the order provided for in Section 8 be gi vellJ and 'l~he par't~v notified shall fail or re ,-
fuse t,o comply wi,tb, the same.
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Advisory Fire Marshal Ordinance, Page 3
SECTION' 12, TIne penalties provided for herein shall be recovered by the city in the same
manner as provid.ed by law fore the enforcement of fines, forfeitures, and punishments
for offenses against, the city.
SECTION 13, Every day's maintenance of any of the conditions prohibited in any of the fore-
going sections shall be a distinct and separate offense,
SECTION 14. All misdemeanors herein provided for shall be prosecuted, and all fines and
forfeitures herein provided for shall be recovered and enforced, in the same manner as
provided by;law for the enforcement of fines, forfeitures, penalties and punishments
for offenses generally against the city,
SECTION 15. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SEE:~ION 16 Whe reas. pl~h 1 i ~f P-t;y' d liP''' nd$ the 1mme life. te passage...--Of" ,this.--.ortMftatIce;--C'reating
the. oU1c..e ..,oL..Eir-e.--Mar-&Ba1.'aad ellpQT-7~r.i..aa the patd c.offi C!p-r_,t,o (H sc~.-tfte d:tlti-es- Bere-
in s-e:t._~o.:ut.,. therei'orean emergellCY, eJl;istsdE;DIB.oding aSUS'pe1'ls101'1 ..&f-therules--r~1ng...
ordinances t.o .be readoll_ thr~l:!.^,s,e.y:e~l days;! said rule is hereby suspended, 'and-thiS"
ordinance is <l'laeed.'on 'its first rea.dillg a.nd final passage, and.sAallbe-eff-eeti:-v.e ~
in.:61ull f-oree f~.and af!te!!''',:1w' pa&EUl&e"~~M",
Approved this ~~ day .Of~' 19U
Attest~ ~ yor
r
, J 1/ )
77ktJ.:1~ City Seere1;ary
NarE~ Credit on key rate will not be allowed until four regula.r monthly reports
are received by the State Fire Marshal. Credit will be cancelled upon
failure of Fire Marshal to make reg'War monthly reports,