§ 32.141 AUTHORITY TO SUMMON WITNESSES, REQUIRE PRODUCTION OF EVIDENCE AND ADMINISTER OATHS.

   (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)

§ 32.142 INVESTIGATIONS MAY BE PRIVATE; SEPARATION OF WITNESSES.

   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)

§ 32.143 MISCONDUCT OF WITNESSES SUMMONED BY FIRE MARSHAL OR DESIGNEE.

   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)

§ 32.144 INSPECTION OF PREMISES; ORDER TO CORRECT DANGEROUS CONDITIONS.

   (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

§ 32.145 RECORD OF FIRES.

   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)

§ 32.146 REPORTS TO STATE FIRE MARSHAL.

   The Fire Marshal or designee shall send reports to the State Fire Official or designee as required by the State Fire Official or designee.

(1998 Code, § 54-42) (Ord. 04-15, passed 5-19-2004)

§ 32.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   (1)   The chief executive of the city or any other official of the city who willfully attempts to obstruct the operation and enforcement of §§ 32.025 through 32.029 of this chapter shall be guilty of a misdemeanor and shall be fined not less than $100 and not more than $200 for each offense.

      (2)   Any employee of the classified service who shall violate any of the provisions of §§ 32.025 through 32.029 of this chapter or the Civil Service Law, being Tex. Local Gov’t Code §§ 143.001 et seq., shall be subject to the penalty provided in division (B)(1) above.

(1998 Code, § 90-33)

   (C)   Any person, firm or corporation violating any of the provisions or terms of §§ 32.115 through 32.123 of this chapter or the International Fire Code adopted in § 96.01 of this chapter shall be guilty of a misdemeanor and, upon conviction in the Municipal Court, shall be subject to a fine not to exceed $2,000 for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense.

(1998 Code, § 54-11)

   (D)   Any owner or occupant who fails to comply with the order within the time prescribed by the Fire Marshal or designee in § 32.144 of this chapter shall be guilty of a violation, subject to punishment as described in § 10.99.

(1998 Code, § 54-40)

(Ord. 04-15, passed 5-19-2004; Ord. 09-36, passed 11-18-2009)