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HomeMy WebLinkAboutORD 1925-028 Ordinance Number An Ordinance creating the office of Fire Marshal; prescribing the duties thereof and providing the power and authority necessary thereto; requiring certain persons to aid in investigations; estab- lishing certain restrictions and regulations relating to safety front fire and providing apenalty Thr violation. Be it ordained by the City Council of the City of Grapevine,, Texas. Section 1 OFFICE CREATED, QUALI IC.i TIONS, REMOVAL, SJLA '. The office of Fire Marshal is hereby create& Such office shall he independent of other city departments; the Piro Marshal shall report directly to the Mayor and the City Council within ten days after this ordinance shall tt+Iw effect. The said Fire Marshal shall be properly qualified for the duties of his office, and shall be removed only for cause. He shall receive an annual salary of One Dollar 41.00) , payable in monthly installments for hits services. Section 2 A'u'lltOEITY. The Fire M rsh.e+.l shall have the authority at all times of day or night, when neeecsary, in the performance of the duties imposed upon him by the provisl ons of this ordinance, to enter upon end examine f+ny building or premises where any fire has oecured,, and other buildings edjoining OT near the same, which authority shall be exercised only with reason and good discretion. Section 3 DUTIES. The Fire Marshal shell. investigate the cause, origin, and cirounistancoe of every fire oeouring within this city by which property ha; been destroyed or damaged, and shall eepocially make inveetigation as to Whether such fire was the result of carelessness or design. Such investigation shall be begun within twenty-four hours, not including )(Sunday, of the occurrence of such fire. The Fire Marshal shall keep in his office a record of all fires, together with all facts, statistics and circumstances, including the origin of the fires and the amount of the loss, which may be determined by the investigations required by this ordinance. 4e1 Section 4. The Fire Marshal, upon complaint of any person having an interest in any building or property adSacent and without complaint, shall have the right at all reasonable hours, for the purpose of exam- ination , to enter into and upon all buildings and premises within the city, and it shall be his duty, monthly or more often, to enter upon and make or cause to be made, a thorough examination of all mercantile, manufacturing and public buildings together with the premises belonging thereto. Whenever he shall find any building or other structure which, for want of repair or by reason of age or dila?idated condition, orf'or any cause, is especially liable to fire, and which is so situated as to endanger other buildings or property, or so occupied that fire would endanger persons or property therein, and whenever he shall find an improper or danger- ous arrangement of stoves, ranges, furnaces or other heating appliances of any kind whatsoever, including chimneys, flues, and pipes with which the same anm may be connected)or a dangerous arrangement of lighting devices or systems, or a dangerous or un- "p. olaLLrr\ ) C:\ so1%,, os�ht lawful storage of explosives, compounds,Ndangerous chemicals, vegat+46k products, ashes, combustible inflammable and refuse materials, or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to the fire- men or occupants, he shall order the same to be removed or remedied, and such order shall be forthwith complied with by the oleier or occupant of said building or premises. Provided, however, that if said owner or occupant ale ascii bat 111ingxoaxpxamtasax deems himself aggrieved by such order, he may, within five (5) days, appeal to the Mayor, who shall investigate the cause of the complaint and unless by his authority the order is revoked, such order shall remain in force and be forthwith complied with by said owner or occupant. At the end of each month the Fire Marshall shall report to the State Fire Marshal *kali existing hazardous conditions, n together with separate report on each fire in the city during the month. Section 5 INVESTIGATION. TESTIMONY. The Fire Marshal, when in his opinion further investigation is necessary, shall take or cause to be taken the testimony, on oath, of all parson, supposed to be cognizant of any facts or to have the means or 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 °time of arson, or with the attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, he shall cause such person to be lawfully arrested and charged with such offense or wither of them, and shall furnish to the proper pros- ecuting 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. Section 6 SUMMON WITNESSES. 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 ordinance, a subject of inquiry and in- vestigation, and may require the production of any book, paper, or document deemed perinent thereto. The said Firs Marshal is hereby authorized and empowered to administer lathe and affirmations to any persons appearing as witnesses before him. Section 7 PENALTY FOR REFUSAL TO TESTIFY. Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of said Fire Pershal, or who fails or refuses to produce any book, paper or document touching any matter under exam- ination, or who is guilty of any contmmptous conduct during any of the proceedings of the Fire Marshal in the matter of said investi r yer- DG\ dr ) P441h1 s � . rnmon cd -l-e oi,ve-u.+ay+,.�non 1 .p% -e. �t#yen }o wry M A++e •- 1 ndc -�tivc'�-+ 9�I,vr. gationj\as aforesaid shall be deemed guilty of a misdemeanor; and it shall be the duty of the Fire More) ]. to use all suoh('nisdemeanor shall be fined in a sum not exceeding twenty-five dollars ($25.00). Provided, llWever, that any person so convicted shall have the right of appeal. "•,A Section 8 !^ All investigations held by or unddr the direction of the Fire Marshal may, at 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 denied opportunity, to communicate with each other until they have been examined. Section 9 PENALTY FOR MAINTENANCE OF FIRE TRAPS. Any owner or occupant of a building or other structure or premises, who shall keep or maintain the same when, for want of repair or by reason of age or dilapidated condition, or for .any cause, it is especially liable to fire, and which is so situated as to endanger buildings or property of others or is especially liable to fire and which is so occupied that fire would endanger buildings or property of others, or is especially liable to fire and which is sooccupied that fire would endanger other persons or their property therein, shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars (450.00) . Section 10 PENALTY FOR MAINTENANCE OF EQUIPMENT LIABLE TO FIRE. Any owner or occupant of a building of other structure or premises, who shall keep or maintain the same with an improper arrangemtn of a stove, 0 range, furnace or other heating appliance of any kind whatever, including chimneys, flues, and pipes with which the same may be 7% connected, so as to be dangerous in the matter of fire, or health, or safety of persons or property of others; or who shall keep or maintain any building other structure or premises with an improper arrangement of a lighting device or system, or with a storage of explosives, petroleum, gasolene, kerosene; chemicals, vegetable products, ashes, combustibles, inflammable materials, refues, or with any other conditions Which shall be dangerous in character to the persons, health, or property of others, or which shall be dangerous in the matter of promoting, augmenting, or causing fires; or which shall created contitions dangerous to firemen, or occupants of such building, structure or premises other than the maintainer thereof, shall be punished by a find in XXX an amount not exceeding one hundred dollars ( 100.00) . Section 11 No prosecution shall be brought under Sections 9 and 10 of this ordinance until the order provided for in Section 4 be given, and the party notified shall fail or refuse to comply with same. Section 12 The penalties provided for herein shall be recovered by the city in the same manner as provided by lay for 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 forgoing 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 punishments for offenses generally against the city. bin Section 15 All ordinances or parts of ordinances in conflict herewith are hereby repealed. Issisrbaktaxlitkadmixsx Approved this 25th day of dune, 1925 (Seal) Signed: E. R. Lowe, Mayor Attest: H. C. Yancey, City Secretary.