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If the Fire Marshal or designee 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 any fire, he or she shall cause the person to be lawfully arrested and charged with the offense, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all the information obtained by him or her, including a copy of all pertinent and material testimony taken in the case.
(1998 Code, § 54-35) (Ord. 04-15, passed 5-19-2004)
The Fire Marshal or designee, 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 be knowledgeable of the matter under investigation, and shall cause the testimony to be reduced to writing.
(1998 Code, § 54-36) (Ord. 04-15, passed 5-19-2004)
(A) The Fire Marshal or designee 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 subchapter, a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent to the investigation.
(B) The Fire Marshal or designee is hereby authorized and empowered to administer oaths and affirmations to any persons appearing before him or her as witnesses.
(1998 Code, § 54-37) (Ord. 04-15, passed 5-19-2004)
All investigations held by or under the direction of the Fire Marshal or designee may, in his or her discretion, be private, and persons other than those required to be present may be excluded from the place where the 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.
(1998 Code, § 54-38) (Ord. 04-15, passed 5-19-2004)
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 designee 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 or designee in the matter of the 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 or designee to cause all such offenders to be prosecuted.
(1998 Code, § 54-39) (Ord. 04-15, passed 5-19-2004)
(A) The Fire Marshal or designee, upon the complaint of any person having an interest in any building or adjacent property, or without any complaint, shall have the right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the city. It shall be his or her duty monthly or more often to enter upon and make or cause to be entered upon and made a thorough examination of all mercantile, manufacturing and public buildings, together with the adjacent premises.
(B) 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 cause, is especially liable to fire and which is situated so as to endanger other buildings or property or so occupied that the fire would endanger persons or property within, 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 appliances may be connected, or a dangerous arrangement of lighting devices or electrical wiring or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustibles, inflammable refuse materials, wastepaper, rags or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to firefighters combating a fire or to occupants, he or she shall order such conditions to be removed or remedied, and the order shall be forthwith complied with by the owner or occupant of the building or premises.
(1998 Code, § 54-40) (Ord. 04-15, passed 5-19-2004) Penalty, see § 32.999
Statutory reference:
Authority of city to provide for condemnation and removal of structures constituting fire hazards, see Tex. Local Gov’t Code § 342.012
The Fire Marshal or designee 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 amounts of the loss, which may be determined by the investigation required by this subchapter.
(1998 Code, § 54-41) (Ord. 04-15, passed 5-19-2004)
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