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Ordinance No. 97ORDINANCE NO. 97 AN ORDINANCE CREATING THE OFFICE OF FIRE MARSHAL FOR THE CITY OF BAYTOWN; PROVIDING FOR THE INVES- TIGATION AS TO THE ORIGIN OF FIRES; DECIARING THAT THE FIRE MARSHAL SHALL CONDUCT EXAMINATIONS FOR THE CAUSES OF FIRES; PROVIDING FOR THE SUiafONING AND COMPELLING THE ATTENDANCE OF WITNESSES; GIVING THE FIRE MARSHAL THE POWER,TO ENTER AND EXAMINE BUIIDINGS; CONTAINING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: Appointment. The office of Fire Marshal of the City of Baytown is hereby created who shall be in charge of the Fire Prevention Division of the Fire Department. Such office shall be filled by appointment by the City Manager, and the person appointed shall be properly qualified for the duties of his office. Section 2: Shall Investigate the Origin- of Fires. The Fire Marshal shall in- vestigate t*he cause, origin and circumstances of every fire occurring within the City by which property has been destroyed or damaged, and shall especially make investiga- tion as to whether such fire was the result of carelessness or design. Such investi- gation 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 occur- ring within the City, 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 in- vestigation required by this ordinance. Such record shall at all times be open to public inspection. Section 3: Ma X Conduct Examinations into Causes of 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 facts or to have means of knowledge in relation to the matter as to which an examination is herein required to be made, 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 4 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 arrested and charged with such offense or either 4 them and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all information obtained by him, including a copy of."all pertinent and material testimony taken in the case. Section 4: May Summon and Com12e1 Attendance of Witnesses. The Fire Marshal shall have the power to summon and compel the attendance of 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 author- ized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him, and false swearing in any matter or proceeding aforesaid shall be perjury and shall be punished as such. Any witness who refuses to be sworn, or who refuses to testify, or who disobeys any lawful order of said Fire Marshal, or who fails br refuses to produce any book, paper or document touching any matter under examination, or who is guilty of any contemptuous conduct after being summoned to give testimony in relation to any matter under investigation as aforesaid, shall be deemed guilty of a misdeaeanor and it shall be the duty of the Fire Marshal to make complaint against said person so refusing to comply with the summons or order of said Fire Mar- shal in the corporation court in the City of Baytown; and upon filing sdch complaint, ® such cause shall proceed in the same manner as other criminal cases; provided, how- ever, that any person convicted shall have the right to appeal. 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. Section 5r Yhy Enter and Fkamine Buildings. The Fire Marshal shall have the authority at all times, day or night, 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. ® Section 6 Examination for Defects, Etc. The Fire Marshal, upon complaint of any person having an interest in any building, or property adjacent, or without any complaint, shall have a right to, and whenever ordered so to do by the City Manager, shall, for the purpose of examination and inspection, enter Into and upon all build- ings and premises within the City of Baytown; and it shall be and is hereby made'his duty to enter upon and make, or cause to be. entered upon and made, as often as practi- cable, a thorough examination and inspection 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 repairs or by..reason of age or dilapidated condition, or for any cause, is liable to cause or promote fires, and which is contiguous to or so situated to other buildings or structures as to endanger the same, or so occupied that fire would endanger persons or property therein; and whenever he shall find improper 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 storage of explosives, compounds, petroleum, gasoline, kerosene, chemicals, vegetable products, acids, combustible, inflammable and refuse materials, or other conditions which, in his opinion, may be dangerous in character or liable to cause or promote fires or create conditions dangerous to the firemen or occupants, he shall order the same to be removed or re- medied and his order shall be forthwith complied with by the owner or occupant of such building or premises; provided, however, that said owner shall have a right to appeal to the City Council before said order shall become final and effective. Section 7: Enforcement of Fire Regulations; Inspection of Premises Where Oil is Stored. The Fire Marshal shall be active in the enforcement of all fire regula- tions of the City of Baytown, and wherever under any ordinance of the City of .Baytown, authority is conferred upon the Chief of the Fire Department or any other officer to perform certain duties related to the enforcement of fire regulations, such authority shall also be exercised by the Fire Marshal. The Fire Marshal shall render active assistance to the Building Inspector and the City Electrical Inspector in the en- forcement of the provisions of the respective ordinances prescribing their duties, wherever the said provisions seek to reduce the hazards of fire, and the Fire Marshal - _ shall i:ditand examine the condition .of buildings within the City of Baytown for the purpose of ascertaining if any combustible or inflammable material is being stored or permitted to remain on the premises of such building or within such building, and shall order the removal of same in case it should appear that the existence of such materials is calculated,to communicate fires. The Fire Marshal'-shall particularly examine all places where oil is stored, whether gasoline, petroleum, kerosene, crude oil or any other character of combustible or inflammable oil, and shall further exa- mine all places where any character or kind of explosives are stored, and should, in the judgment of the Fire Marshal, the same be so stored or handled as to be dangerous, he dhall order the same to be remedied or removed, and all persons failing or refus- ing to comply with the said order shall be in violation of this ordinance. Section 8r Penalty. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction, thereof in the corporation court in the City of Baytown, shall be fined not more • than One Hundred (;100.00) Dollars. Each day's violation shall constitute a separate offense. -3- Section 9: Savings Clause. If any provisions, exception, section, subsection, • paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining pro- visions of this ordinance or their application to other persons or sets of circum- stances and to this end, all provisions of this ordinance are declared to be severable. Section 10: Repealing Clause. All ordinances or parts of ordinances inconsis- tent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other res- pects this ordinance shall be cumulative of other ordinances regulating and govern- ing the subject matter covered by this ordinance. Section 11: Effective Date. This ordinance shall take effect-from and after • ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice prior to the effective date hereof. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this the 24th day of .October; A. D., 1950. ATTEST: na Oliver, City Clerk J. A. Wdrd., bra