(A) On the complaint of any person, the Fire Marshal, at any reasonable time, is entitled to enter any building or premises in the city.
(B) The Fire Marshal shall enter monthly or more often and is entitled, at any time, to enter, any mercantile, manufacturing or public building, place of amusement or place where public gatherings are held, or any premises belonging to such a building or place, and make a thorough examination.
(C) The Fire Marshal shall order the removal of a building or structure or other remedial action if he or she finds that:
(1) The building or other structure, because of lack of repair, age, dilapidated condition or other reason, is susceptible to fire and is so located or occupied that fire would endanger persons or property in the building or structure;
(2) A dangerous condition is created by:
(a) An improper arrangement of stoves, ranges, furnaces or other heating appliances, including chimneys, flues and pipes with which they are connected, or by their lighting systems or devices; or
(b) The manner of storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes or combustible, flammable or refuse materials.
(3) Any other condition exists that is dangerous or is liable to cause or promote fire or create danger for firefighters, occupants or other buildings or structures.
(D) (1) The occupant or owner of the building or premises shall immediately comply with an order made by the Fire Marshal under this section.
(2) The Fire Marshal may, if necessary, apply to a court of competent jurisdiction for writs or orders necessary to enforce this section; and the court may grant appropriate relief.
(3) The Fire Marshal is not required to give a bond.
(E) (1) If the owner or occupant of a building or structure deems himself or herself aggrieved by an order under this section, he or she may, within five days, appeal to the Mayor, 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 the owner or occupant.
(2) Any owner or occupant who fails to comply with such notice shall be guilty of a misdemeanor.
(2012 Code, § 38-50)
Statutory reference:
Right of state’s Fire Marshal to examine buildings and premises, see Tex. Government Code § 417.008