O-24-10-59TOWN OF ALLEN, TEXAS
ADVISORY FIRE MARSHAL ORDINANCE NO. 24
Recommended By Fire Insurance
Division Austin, Texas
AN ORDINANCE CREATING THE OFFICE OF FIRE MARSHAL, PRESCRIBING
'iNE DUTIES THEREOF, PROVIDING FOR ITS MAINTENANCE, AND IFS&
SCRIBING PENALTIES FOR VIOLATIONS.
FS IT ORDAINED BY THE CITY COMMISSION OR COUNOIL OF THE
CITY OF ALLEN:
SECTION 1. The office of Fire Marshal is hera'iy created.
Such office shall be independent of the other city departments,
the Fire Marshal reporting directly to the Mayor and City Com-
mission or Council. Such office shall be filled by appoint-
ment by the Mayor, by and with the consent of the City Council,
within $ days after this ordinance shall take effect, The
said Fire Marshal shall be removed only for cause. He shall
receive an annual salary of $1.00 dollar, payable in monthly
installments, as full compensation for his services.
SECTION 2, The Fire Marshal shall investigate the cause,
origin and eircumstanoes of every fire occurring within this
city by which property has been destroyed or damaged, and shall
expeclally mako investigation ac to whether such fire was the
result of carelessness or design. Such investigation shall
be begun within twenty-four hour;, 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,
statlstice and circumstances, Including the origin of the
fires and Lhe amount of the loss, which may be determined
by the investigation required by this ordiname.
SEOTION 3, The Fire Marshal, when in his opinion furt-
her investigation Is mceesary, shall take or cause to be
taken the testimony, on oath, of all persons supposed to be
cognizant of any facts or to have manna of knowledge in rel-
ation to the matter under investigation, and shall cause the
Same to be reduced to writing; and if he shall be of the op-
inion 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 consplelcy to defraud, or criminal con-
duct in 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 wit-
nesaea and all of the information obtained by hip, including
a copy of all pertinent and material testimony taken in the
case.
SECTION 4. The Fire Marshal shall have the power to
summon witnesses before him to testify in relation to any
matter which is by the provision, of this ordinance a subject
Of inquiry and investigation, and my require the production
of any book, paper or document deemed pertinent thereto.
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The said Fire Marshal is hereby authorized and empowered to
administer oaths and affirmations to any persons appearing as
witnesses before him.
SECTION $. Any witness who refuses to be sworn, or who
refuses to appear or testify, or who disobeys any lawful order
of said 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 in the matter of said in-
vestigation or inquiry, after being summoned to give testi-
mony in relation to any matter under investigation as afore-
said, shall be deemed guilty of a misdemeanor; and it shall
be the duty of the Fire Marshal to cause all such offenders
to be prosocuted. Any person being convicted of any such
demeanor shall be fined in a sum not exceeding twenty-five
dollars($2$.00). Provided, however, that any person so con-
victed shall have the right of appeal.
SECTION 6, ill investigations held by or under the dir-
action of the Pyre 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.
SECTION 7. The Fire Marshal shall have the authority at
all times of day or night, when necessary, in the performance
of the duties imposed upon him by the provisions of this ordi-
nance, to ant J, upon and examine any building or premises
where any fire has occurred, and other buildings and premises
adjoining or near the as me, which authority shall be exercised
only with reason and good discretion.
SECTION g. The Fire Marshal, upon complaint of any per-
son having an interest in any building or property adjacent
and without any complaint, shall have a right at all reason-
able hours, for the purpose of examination, 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 entered and mado, a thorough examination of all
meroantlla, 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 dilapidated condition, or for any cause, is
especially liable to fire, and which is so situated as to
and anger other buildings
fine would endanger persoor property, or eo occupied that
he shall find an improper ns or property therein, and whenever
or dangerous arrangements of stoves,
ranges, furnaces or other heating appliances of any kind
whatsoever, including chimneys, flues, and pipes with which
the same may be connected, or a dangerous arrangement of
lighting devices or systems, or a dangerous or unlawful stor-
age of explosives, compounds, petroleum, go c ohne, kerosene,
dangerous chemicals, vegetable products, ashes, oombustlble,
inflammable and refuse materials, or other conditions which
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may be dangerous in character or liable to cause or promote
fire or create conditions dangerous to thb firemen or oc-
cupants, he shall order the same to be removed or remedied,
end such order shall be forthwith complied with by the ower
or occupant of said building or premises. Provided, however,
that if said owner or occupant dooms 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 orde5 shall re-
main in force and be forthwith complied with by said owner or
occupant. At the and of each month the Fire Marshal shall re.
Fort tothe State Fire Marshal all existing hazardous condi-
tions, together with separate report on each fire in the city
during the month.
SECTION 9. Any owner or occupant of a building or other
structure or premises, who shall keep or maintain the same
when, for went of repair, or by reason of age oridilapidated
condition, or for any cause, it is especially liable to fire
and which is so situated as to andanger buildings or property
of others, or is especially laable to fire and which is so
so upied that fire would endanger other persona or their prop.
ofty therein, shall be punished by a fine of not loss than
ten dollars (¢10.00) nor more than fifty dollars ($50.00).
SECTION 10. Any owner or occupant of any building or
other structure, or premises, wholshall keep or maintain the
Same with an improper arrangement of a stave, range, furnace,
or other heating appliance of any kind whatever, including
chimneys, flues, and pipes with which the same may be connedt.
ed, so as to be dangerous in the matter of fire, or healty,
or safety of persona 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, imflam.
moble materials, refuse, or with any other condition 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
create conditions longe roue to firemen, or occupants of such
buildings, struct are or premise, other than the malntainor
thereof, shall be punished by a fine of not less than ton
(*10.00) nor more than fifty dollars ($50.00).
SECTION 11. No prosecution shall be brought under Sec.
tions 9 and 10 of this ordinance until the order provided for
in Section g be given, and the party notified shall fail or
refuse to comply with the same.
SECTION 12. The penalties provided for herein shall
be recovered by the city in the Sam manner as provided by
law for the enforcement of fines, forfeitures, and punish.
meets for offenses against the city.
SECTION 13. Every day's maintenance of any of the con.
_. dations prohibited in any of the foregoing sections shall be
a distinct and separate offense.
SECTION 14. hll misdemeanors herein provided for shall
be proeecuted, and all fines and forfeitures herein provided
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for shall be racoverdd and enforced, in the same manner as
provided by law for the enforcement of fines, forfeitures,
penalties and punishments for offenses generally against the
city.
SECTION wit All ordinances or parte of ordinances in
conflict herewith era hereby repealed.
SECTION 16, Whereas, publicblicsafety demands the immediate
passage of this ordinance, crofting the office of Fire Mar-
shal and empowering the said officer to discharge the duties
herein set out, therefore an emergency demanding a
suspension of the rosea requiring ordinances
to be read on
—' three several days, said rule is hereby suspended, and this
ordinance is placed on its first rending and final passage,
and shall be effective and In full force from and after Its
passage and approval
Approved this 22nd day of October, 1959,
ATTEST. (signed) V B. Watson
yor
S signed) A. C. Story
cret¢ry
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