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HomeMy WebLinkAboutOrdinance 264 vp �*. Ordinance NO-96111- An ordinance creating the office of Fire Marshal, prescribing the duties thereof, providing for it's mantainenoe, and presorib- tng renalties for violations. Be it ordained by the Board of Commissioners of the City of Fort worth: Section 1. The office of Fire Marshal is hereby created. Such office shall be independent of other city departments, the Fire Marshal reporting directly to the Mayor and Board of Commissioners. Such office shall be filled by a-pointment by the Mayor, said appoint- ment to be approved by the Board of Commissioners. The said Fire Marshal shall be properly qualified for the duties of his office and shall be subject to removal at the discretion of the Board of commissioners in the same manner as other appointice of-ioers. He shall receive an annual salary of $1,500., payable in monthly installments, as full oompenestim far .hila services. Section 2. The Fire Marshal shall investigate the oause, origin and oiroumstar.oes of every fire ocouring within the city of Fort Worth by which property has been destroyed or damaged, and shall especially make investigation as to whether such fire was the re.ult of oarlesness or design. Such investigation shall be begun within 24 hours, not including Sunday, of the oMouranoe of such fire. The Fire Marshal shall keep in his offioe a record of all fires occuring 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 records shall at all times be open to public inspection. Section 3. The Fire Marshall 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 knowlege in relation to the matter as to which an examination as 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 sufficirent tb charge any person with the crime of arson, or with the attempt to-00mit ttre crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, he shall cause such ncrson to be lawfully arrest- ed and charged with such offense or either of them, and shall furnish to the pro ,er prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtainei 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 summon witnesses before him to testify in relation to any matter which is by the ,rovisions of this ordinance a subject of inquiry and investigat- ion, and may require the r)roduction of any book, paper or document deemed pertinent thereto. The said Fire Marshal is hereby author- iced and emnowered to administer oaths and affirmations to any persons appearing as witnesses before him. Section 5. Any witness who refuses to be sworn, o, who refuses to a-pear or testifO or who disobeys any lawful order of said Fire Marshal, tr whiff fails or efusel to rodJ �e $ book, ?aplr or flfl o� nt ouo ng any mater un or i vex ga n, or w o 8 gnil y o$ any %W contemptuous conduct during any of the proceedings of the Fire Marshal in the matter of said investigation or inquiry after being summoned to give testimony in relation to any matter under investigation as aforesaid shall be guilty of'a misdemeanor; and it shall be the duty of the Fire Marshal to cause all such offend- ers to be prosecuted. Any per: on convicted of any uoh misdemeanor shall be fined in a sum not exceeding twenty-five ( 25.00) dollars. Provided, however, that any person so convicted shall have the right to appeal. Section 6. All investigations held by or under the direction of the Fire Marshal amy, in his discretion, be private, and persons ,then than those required to be present may be excluded from the -lace --here such inve: tigation is held, and witnesses may be kept separate and apart from each other and not allowed to oommunioate with each other until they have been examined. Section 7. The Fire Marshal steal have the authority at all tiines of day or night, when necessary in the performrnoe of the dutiesOUNNNUMM imposed upon him by the provisions of this ordinance, to enter upon and examine any building or premises where any fire has oocured, and other buildings and premises adjoining or near the same, which authority shall be exercised only with Uisili 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 city and it shall be his iuty semi-annually, or more often, to enter upon and make, or cause to be entered upon or made, a thorough examination of all meroantile, manufacturing and public buildings, together with the premises thereto; When- ever he shall find any building or any other structure which, for want or repair or by reason of age or dilapidated condition, or for any cause, is es-eolally liable to fire, and whioh is so situated as to endanger other property therein, and whe ever he LAinsl_a dMex.ous or im»rcxzer arrapgemeno _ utovep, ra.ngea, furnaces or other ' eating appliances of any kinG vhateoever, in- oluding chimneys, flues or pipes with whioh 1h same may be oon- neoted, or a dangerous arrangement of lighting devices or systems, or a dangerous or unlawful storage of explosives, compunds, Petrol- eum, gasolene, kerosene, dangerous chemicals, vegetable products, ashes, combus- tibile, ,inflammable, and refuse materials, or other conditions whioh may be dangerous in character or liable to cause or promote tires or create conditions dangerous to the firemen or ocoupants, he shall, by written notice, order the same tobe removed or remidied and such orders shall be forthwith and within a period of not to exceed five days complied -:ith by the owner or occupant of said building or prom- isee. section 9. Any owner or occupant of a building or other structure or premises who shaltl keep or mantain the same when for want of re- or by reason of age or dilapidated condition, or for any onus*, it is esreoially liable to fire, any which is so situated as to endanger buildings or property of others, or is espeoial'y liable to fire and which is so occupied that fire would endanger other ggsins " the jopropermt'ryetthani� oshall be punished by a fine of ese hap r 3 Section lo. Any owner or occupant of any building or other structure, or promises, who shall keen or mantain the same with an improper arrangement of a stove, range, furnace, or other heating applian- oes of any kind whatever, including chimneys, flues and pipes with rhii h the �►me ma be G neoted o a to be dangerous in the mater ofir o he It r eat per ne or pr p ty o helr , 00��rr not'in con arm cry w� a ord�nanees o � ie e� y of F rt �j A or wh shal ee or mantain a builaain , otthhe ®uoture or prem�see w1t a�i improper arrangement o� a ligfiting device or system, or with a storage of explosives, petroleum, gasolene, kerosene, chemicals, vegatable products, ashes, combustibles, inflam- mable materials, refuse, or with an other conditions, which oball be dangerous in oharater to the person, health or property of others; or hieh shall be dangerous in the matter of promoting, augmenting causin fires' o hick s all create conditions dangerous to remen, r ooc;fan a of suo vildings, structures or premises other than the m4ntsiner thereof, shall be punished by a fine of not lass than la or mere t*trot ,, , Section 11. No prosecution shall be brought under sections 9 and 10 of this ordinance until the order provided for inseotion 8 be given, and the party notified shall fail or refuse to oamply with the same. Section 12. The penalties provided far herein shall be recovered by the city in the same manner as provided by law for the enforcement of fines, forfeitures, and the punishment of offenses against the city. Section 13. Every day's mantainenos of any of th � conditions nrohibited in any of the foregoing sections shall be .a distinct and separate offense. Section 14. All misdemeanors herein provided for shall be rosecuted, �nd ai f s an forfeiture her in r de f o s e r vered ci eior � inhe sam mener a� pr v� $ or �y , for � � an- farcement of fines, forfeitures, penalties and punishment for offen- see generally ag-inst the city. Section 15. All ordinances or onto of ordinances in conflict herewith are ? ereby repealed.- Section epealed:Section 16. This ordinance shall be in full force and effect following it's XKVWX passage and publication as required by 1• w. I hereby certify that the above and fore going ordinance was duly present ed and unanimously passed and adopted by the Board of Commissioners of the City of Fort Worth at a session of said Board held Wednesday November lst,1911. City S cret ary.