OR 60-23 Public Safety Fire Marshal 6023
AN ORDINANCE CREATING THE OFFICE OF FIRE MARSHAL,
PBESCRIBING THE DUTIES THEREOF, PROVIDING FOR ITS
MAINTENANCE, AND PRESCRIBING PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF COPPELL, TEXAS:
SECTION 1. The office of Fire Marshal is hereby created. Such
office shall be independent of other town departments, the Fire Marshal
reporting directly to the Nayor and Town Council. Such office shall be
filled by appointment by the Mayor, by and with the consent of the Town
Council, within five (5) days after this ordinance shall take effect.
The said Fire Marshal shall be removed only for cause. He shall receive
an annual salary of One Dollar (1.90) payable annually, as full compen-
sation for his services.
SECTION. 2. The Fire Marshal shall, investigate the cause, origin
and circumstances of every fire occurring within this Town by which
property has been destroyed or damaged, and shall especially make in-
vestigation 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 maybe determined By the investigation required
by this ordinance.
SECTION 3. The Fire Marshal, when in his opinion further investi-
gation 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 have
means of knowledge in relation to the matter under investigation, and
shall cause the same to be reduced to writing; and if he shalI 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 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 pro-
securing 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 4. The .Fire Marshal shall have the power to sommon
witnesses before him to testify in relation to any matter which is by
the provisions of this ordinance a subject of inquiry and investigation,
and may require the production of anY book, paper or document deemed
pertinent thereto. The said Fire Marshal is hereby authorized and
empowered to administer oaths and affirmations to any persons appear-
ing as witnesses before him.
SECTION 5. Any witness who refuses to be sworn, or who refused to
appear or testify, or who disobeys any lawful order of said Fire Marshal,
or who fails or refuses to produce anybook, 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 investigation or inquiry, after being summoned to give testi-
mony 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. Any person being
convicted of any such demeanor shall be fined in a sum not exceeding
twenty-five dollars ($25.00). Provided, however, that any person so
convicted shall have the right of appeal.
SECTION 6. 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.
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 ordinance, to enter upon and
examine any building or premises where any fire has occurred, and other
buildings and premises adjoining or near the same, which authority shall
be exer'cised only with reason and good discretion.
SECTION 8. The Fire Marshal, upon complaint of any person
having an interest in any building or property adjacent and without
any complaint, shall have a right at all reasonable hours, for the
purpose of examination, to enter into and upon all buildings and premises
within the Town, and it shall be his duty, monthly or more often, to
enter upon and make or cause to be entered and made,' a thorough examin-
ation of all mercantile, manufacturing and public buildings, together
with the premises belonging thereto. Whenever he shall find any build-
lng 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 endanger other buildings or property, or
so occupied that fire would endanger persons or property therein, and
whenever he 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 same maybe connected,
or a dangerous arrangement of lighting devices or systems, or a dangerous
or unlawful storage of explosives, compounds, petroleum, gasolene,
kerosene, dangerous chemicals, vegetable 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 firemen or occupants, he shall order the
to be removed or remedied, and such order shall be forthwith complied
with by the owner or occupant of said building or premises. Provided,
however, that if said owner or occupant 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
cemplied with by said owner or occupant. At the end of each month the
Fire Marshal shall report to the State Fire Marshal all existing hazardous
condition, together with separate report on each fire in the Town dur-
ing 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 want of re-
pair, 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 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 ($50.00).
SECTION 10. Any owner or occupant of any building or other
structure, or premises, who shall keep or maintain the same with an
improper arrangement of a stove, range, furnace, or other heating ap-
pliance of any kind whatever, including chimneys, flues, and pipes
with which the same may be 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, refuse,
or with any other condition which shall be dangerous in character to
the persons,heath or, property of others;or which shall be dangerous
in the matter of promoting, augmenting or causing fires; or which
shall create conditions dangerous to firemen, or occupants of such
buildings, structure or premises other than the maintainor thereof,
shall be punished by a fine of not less than ten dollars ($10.00)
nor more than fifty dollars ($50.00).
SECTION 11. No prosecution shall be brought under Sections 9
and 10 of this ordinance until the order provided for in Section 8
be given, and the party notified shall fail or refuse to comply with
the same.
SECTION 12. The penalties provided for herein shall be recover-
ed by the Town in the same manner as provided by law for the enforce-
ment of fines, forfeitures, and punishments for offenses against the
SECTION 13. Every day's maintenance of any of the conditions
prohibited in any of the foregoing sections shall be a distinct and
separate offense.
SECTION 14. Ail 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 ines, forfeitures, penalties and .punishments for
offenses generally against the Town.
SECTION 15. Ail ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 16. Whereas, public safety demands the immediate pas-
sage of this ordinance, creating the office of Fire Marshal and
empowering the said officer to discharge the duties herein set out,
theretofore an emergency exists .demanding a suspension of the rules
requiring ordinances to be read on three several days, said rule
is hereby suspended, and this ordinance is placed on its first read-
ing and final passage, and shall be effective and in full force
from and after its passage and approval.
Ordinance 60-23 was passed and approved by the Town Council
of the Town of Coppell, Texas on September 8, 1960.