§ 22-86. Fire Chief as Fire Marshal.

(a)

The Office of Fire Marshal is hereby created. The Fire Marshal for the City shall investigate the cause, origin, and circumstances of every fire occurring within this City by which property has been destroyed or damaged, and shall especially make investigations as to whether such fire was the result of carelessness or design. The Fire Marshal shall keep in his office a record of all fires, together with all the 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 article.

(b)

[Authorized to Determine Conditions.] The Fire Marshal is hereby authorized to enter any building or enclosure to examine and determine whether it is in a dangerous condition and, if the building or enclosure is in a dangerous condition, require that it be put in a safe condition.

(c)

Duty to Investigate Fires. 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 cognizant of any of the facts or to have means of knowledge 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 person with the crime of arson, or with the attempt to commit the crime of arson, or of the conspiracy to defraud, or criminal conduct in the 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.

(d)

Powers as Investigator. The Fire Marshal shall have the power to summon witnesses before him to testify in relation to any matter which is by the provisions of this article a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto. The Fire Marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.

(e)

Misconduct of Witnesses. 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 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 on 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 prosecuted.

(f)

Investigations may be Private. 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 communicate with each other until they have been examined.

(g)

Entry on Premises. The Fire Marshal at any time may enter a building or premises at which a fire is in progress or has occurred and is under control of law enforcement or fire service officials to investigate the cause, origin, and circumstances of the fire. If control of the building or premises has been relinquished, entry must be in compliance with search and seizure law and applicable federal law. The Fire Marshal is hereby authorized, in compliance with search and seizure law and applicable federal law, to enter any building or enclosure to examine and determine whether it is in a dangerous condition and, if the building or enclosure is in a dangerous condition, require that it be put in a safe condition.

(h)

Additional Powers. In addition to the powers provided for herein the Fire Marshal has and is endowed with those powers provided to General Law Type A Municipalities as located in Tex. Local Government Code ch. 342, subch. A, as it may be amended.

(Ord. No. 200-01-99, § B-1, 1-19-1999; Ord. No. 0-2017-004 , § I, 2-27-2017)