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OR 225 Office of Fire Marshall AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 225 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, CREATING THE OFFICE OF FIRE MARSHAL; PRESCRIBING THE DUTIES THEREOF: PROVIDING FOR ITS MAINTENANCE; PRESCRIBING PENALTIES FOR VIOLATIONS; AND DECLARING AN EMERGENCY. BE IT ORDAIND BY THE CITY COUNCIL OF THE CITY OF COPPFLL, TEXAS: SECTION ]. The office of Fire ~arsha] is hereby created. Such office shall be a division of the Fire Departinept, the Fire ]Marshal being the Fire C*hle{ or nthor designated person reporting directly to the chief of the Fire Department. Such office sh~l] be filled by appointment by the City Council. Ile shall ,eceive an a~nas] Salary Of ONE DOLLAR ($1.00), or such other compensation as may be determined from time to time by the CitV Council as full compensation far his services. SECTION 2. The Fire }~arshal shall investigate the cause, origin and nlr- cure stances of every fire occurring. ~vithln the City of CopDell by which proD ertv t~as been destroyed or damaged, and shall especially make investigation as to whether such fire ~,as the result of carelessness or design. Snnh ;nvestlgation shall be~n immedisteh~ upon report of the fire or as soon thereafter as circumstances permit. The Fire ~arsha] shah keep in his office a record of all fires, together with all facts, statlstles and circumstances, including the origin of fires and the amount or loss, which may he determined by the Investigation required by this ordinance. SECTION 3. The Fire Marshal, when in his opinion further investigation is necessary, sh~]] take or CaLSP tO he token the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of know]edge in relation to the matter under investigation, and sha]~ cause the same to bo red, Iced to writing; and if be shall be of the opinion that there is evidence sufficient to charge anv person with the crime of arson, or with the attempt to commit the crime Of arson, or of conspiracy or defraud, or criminal conduct in connection with such fire, he shall cause such person to be la~fuIly arrested and charged with such offense or either of them, ~nd shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and 8]] of the information obtained hy him, ~DC]UrliDg 8 CODV Of all pertinent and material testimony tatten in the ease. SECTION 4. The Fire Marshal shall have the Do~,er to summon witnesses betire him to testify in relation to any matter which is by the pro~zisions of this n~ainanee a subject of inquiry and investigation, and may .eatfire the production of any f,~.k, paper~ doeumept~ or photographs ~eemed peptinent thereto. The sai8 Fire ~a~sha] is hereby authorized and empowere4 to administer oaths nna af?irmatiops to an~ persn~ appearing as witnesses before him. SECTION 5. Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any ]awful order of sala Fire Marshal, or who fails or refuses to produce any book, paper, or document touchir,~ any matter under examination, or who is ~i]ty of any contemptuous conduct ~uring any of the proceedin~ of the Fire Marshal in the matter of said investigation or inquiry, after bein~ summone~ to ~ve testimony in relation to ~y matter under investigation as 8?nr~ai~, ShB]] he deemed ~}i]ty of a mlsaemeanor; and it shall be the ~ty of the Fire Marshal to cause all such offende~ to be pr~ecuted. Any peson being cnnvicte~ of any such demeanor shall be fined in a sum not to exceed Two Hundred Do]]ars ($200.00). Provided, however, that ~y person so convicted shall have the right of anneal. SECTION 6. A]] investi~tions held by or under the direction n? the Fire ~a~h81 may, in his discretion, be private, and persons other than thee re~ulred to be present may be excluded from the place where such investigation is he]d, and witne~es 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 Ma~ha] shall have the authority at all times of ~ay or night, when necess~y, in the performance of the ~ities imposed upon him bv the provisions of this ordinance, to enter upon and examine any building or premises where any fire has occurred, and other buil~in~ sna premises adjoining or near the same, which authority shall be exercised only with reason and good discretion. SECTION 8. The Fire M~sba], upon complaint of any person havin~ an interest in any bufldin~ or property adjacent and withoat snv complaint, sha}] have a right at all reasonable hours, for the pur~se of examination, to enter into and npon all buiIain~ and premises within the City, an~ it shall be his ~ty, to enter upon and make or cause to be entered and made thorough re~Isr examinations of all mercantile, [ manufacturing and public buildings, together with the premises helenfling thereto. ~A~henever he shall find any building or other structure ~,hich, for x~rant 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 huildinffs or prnperty, or so occupied that fire wottld endanger persons or propertV therein, ~n~ whenever he shaU find improper or dangerous ~rangement of stoves, ranffes~ furnaces or other heatinff pl~anc~ of any kind whatsoever, includjn~ eh{mneys, flues, and DiP~ ~,}th ~rhieh the same may be connected, or 8 dangerous ~rnn~ement of li~htin~ devices or s~tems, or a d~fferous or unlawful stor~n~e of explosives, compounds, pei.oleum, ~8soline, kerosene, dangerous chemicals, veffetable products, atomic reactors, cobB]~ machines, organic materials, ashes, combustible, {n~smmab]e and refuse matefinis, or conditions which may be danfferous in character or liable to cause or promote fire or ereate conditions danfferous to the firemen or occupnn+s or 8 ~o]aijon of the Fire Prevention Code, he shah order the same to be removed or remedied, and such order shah be forthwith complied with by the owner or occupnnt of said buj]din~ or prem{ses. Provided, however, that if said o~ner or occupant deems bimseYf a~ieved by such order, he may, within a period of forty-eight hour, 8fte. the time of OFFicial not{fication of the order, file ~ appeal in writing with the Cit~ Secretarv to be forwHrded to the City Counci], whicb sb8]l investigate the cause of the complaint nnd un]e~ hv its authority the order is revoked, such order sbal] remain in force nnd be forthwith complied with by said o~,ner or occupant. At the end of ~ach month the Fj.e shall report to the State Fire Banrsbal all existin~ hazardous ~ndilions, together with 8 separate report on each fine in the City durin~ the month. SEC~ON 9. It shall be unlawful for ~v owner or occupant of 8 bni]dinff structure or premises to keep or mai.tain the same when, for ~,nnt of repair, or by reason of a~e or dilapidated condiijon, or for ~y c8use, it is ~pecial]y liab}e to fire and ~hich is s0 situated 8s to endnn~e. bujldjn~ or property of othem, or is espeeia]lV liable to fore and which is so occupied that fire ~A, ou]d endanger other persons or their property therein. SECTION 10. ]~EPEALINC CLAUSE. All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this ordinance are hereby repealed. SECTION I1. SEVERABILITY CLAUSE. If any attic]e, paragraph or suh~iivision, c)ause or provision of this ordinance she]] be adjudgec~ invalid or held unconstitntinna], the s~me shall not affect the validit~ of this ordinance as a whole or ~y part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 12. PENALTY PLAUSE. Any person, f~rm or corporat{nn violating anv oF the prov{sions of this ordinance shel] he deemed ~lJi]ty of a misdemeanor 8n~, upon conviction, ~hal] he p~ln~she~ h~ 8 penalty of fine not to exceed the sum of Two Hundred DnIIRrs ($200.00} for eseh offense, find each and every day such offense is eo~ti~ue~ sh~!) ennstit~.~te fi ne~,~ ~n~ separate offense. SECTION 13. EFFEC~VE DATE. This ordinance shall take effect immediately from Bad after the publicat{on of its caption, as the law in s,ch cases provides. DULY PASSED by the C)ty ~OUDC~] Of the ~(y of Coppe}l, Texas, th~s the ~ da~ of APP~O ED: ATTEST: