ORDINANCE No. 7q- Q ,_:)- 0 '-/

AN ORDINANCE CREATING THE OFFICE OF FIRE MARSHAL, PROVIDING A JOB SUMMARY, THE PRINCIPAL DUTIES AND RESPONSmiLITIES OF THE FIRE MARSHAL, A METHOD OF COMPENSATION, FINES AND PENAL TIES FOR VIOLATIONS, AND SETTING THE EFFECTIVE DATE.

WHEREAS, the City ofBuda, Texas, does not currently have a local Fire Marshal serving the needs ofthe community; and

WHEREAS, the City of Buda is, and has been, experiencing rapid growth and increasing needs that have not been met by the County Fire Marshal; and

WHEREAS, the City Council ofthe City ofBuda, Texas, is permitted to create additional municipal officers as they see fit and prescribe the powers and duties of suCh new officers;

WHEREAS, the city has determined that the logical and reasonable remedy to suCh need is to create the position of Fire Marshal and to prescribe duties to that office;

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS:

SECTION 1. Creation of Office: fu the interest of Fire Prevention and Fire fuvestigation, the office of Fire Marshal/Arson fuvestigator is hereby created pursuant to the Texas Local Government Code, Section 22.071 et seq. This office shall be independent of other departments and shall report directly to the City Administrator.

SECTION 2. Appointment: The Fire Marshal shall be appointed by the City Administrator and shall be approved by a majority vote ofthe City Council. The term of such appointment shall be indefinite or for a number of years as maybe determined by the City Council from time to time. The Fire Marshal shall be properly qualified including certification as a Peace Officer, Arson fuvestigator and Fire fuspector.

SECTION 3. Removal: The Fire Marshal shall only be removed upon a showing ofjust cause and a two-thirds (2/3) vote ofthe City Council. If requested by the Fire Marsha~ the City Council will hold a public hearing within thirty days following the notice of removal, at which hearing the Fire Marshal may present evidence as to why he/she should not be removed. The Fire Marshal may be represented by council of his/her choosing. During the interim, the City Council may suspend the Fire Marshal from duty, but shall continue his/her salary, if any, until such removal becomes final.

SECTION 4: Job Summary The Fire Marshal shall investigate, keep records of, and prosecute all fires and explosions or threats thereof within the city that damage or destroy property. The Fire Marshal shall also inspect for fire hazards. SECTION 5: Principal Duties and Responsibilities: The Fire Marshal shall: (1) Investigate the cause, origin, and circumstances of each fire or explosion that is attempted, threatened or which occurs within the city and damages or destroys property within 24 hours of such fire, excluding Sundays;

(2) Direct all investigation activities at the scene ofthe incident and collect all evidence or information necessary to complete the investigation;

(3) May request assistance from outside agencies if determined necessary;

(4) Determine whether the fire was a result of negligent or intentional conduct;

(5) Collect and have processed all physical evidence and keep on the file the reports of such results;

( 6) Keep a record of each fire investigated. The record must include the facts, statistics, and circumstances determined by the investigation, including the origin ofthe fire and the estimated amount ofloss or damages;

(7) Inspect for fire hazards as described in Section 10 of this ordinance.

SECTION 6: Powers ofthe Fire Marshal: When in the opinion ofthe Fire Marshal, further investigation in necessary, the Fire Marshal shall have the power to: (1) Summon witnesses to testify regarding the fire or incident;

(2) Administer an oath to the witoesses;

(3) Take and preserve written statements, affidavits, and depositions;

(4) Require the production of documents that are pertinent to the investigation;

( 5) Declare that an investigation is private and have all persons, other than those required to be present, excluded from the place where such investigation is being held, have witoesses be kept separate and apart from each other and prohibited from communicating with one another until after such time that they have been examined.

SECTION 7: Dutvto Prosecute: When the Fire Marshal is ofthe opinion that there is evidence sufficient to charge any person with the crime or arson, attempted arson, or conspiracy to commit criminal conduct in connection with any fire, the Fire Marshal shall cause to have such person lawfully arrested and charged with such offense(s), and shall furnish the prosecuting attorney with all evidence, names and statements ofwitoesses, and all other information gathered in the course of the investigation.

SECTION 8: Right of Entry: The Fire Marshal shall have the authority at all times of day or night, when necessary to perform the duties of the office, to enter and examine any building or premises where a fire has occurred or where a threat of a fire or explosion has been made. The Fire Marshal shall conduct this investigation in a manner designed to impose the least inconvenience to any persons living in the building. SECTION 9: Misconduct of Witnesses: Any witness who, after being summoned by the Fire Marshal, refuses to be sworn, appear to testify, disobeys any lawful order of the Fire Marshal, fails or refuses to produce any requested document, or is guilty of any contemptuous conduct during the course ofthe Fire Marshal's investigation, shall be deemed guilty of a misdemeanor. It shall be the duty ofthe Fire Marshal to cause all such offenders to be prosecuted.

SECTION 10: Inspection for Fire Hazards: It shall be the duty ofthe Fire Marshal to inspect for fire hazards any structure, appurtenance, fixture or real property located within 200 feet of a structure, appurtenance or fixture. Additionally, the Fire Marshal shall inspect a structure for fire hazards when called on to do so.

A fire hazard may include, but not limited to, any ofthe following conditions that endanger the safety of a structure or its occupants and promote or cause fire combustion: the presence of a flammable substance; a dangerous or dilapidated wall, ceiling, or other structural element; improper lighting, heating, or other facilities; the presence of a dangerous chimney, flue, pipe, main, or stove; the presence of dangerous wiring; or the dangerous storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustibles, inflammable refuse materials, wastepaper, or rags.

Whenever the Fire Marshal shall find a fire hazard in any structure, appurtenance, fixture or real property, the Fire Marshal shall order the conditions to be removed, and such order shall be complied with by the owner or occupant ofthe building or premises.

The Fire Marshal shall also reinspect premises previously deemed hazardous for the purpose of monitoring the corrections ofthe hazardous condition.

The Fire Marshal shall keep written records of all inspections and reinspections of fire hazards. Such records shall include the date ofthe inspection, any hazardous conditions found on the premises and corrective action to be taken.

At the end of each month, the Fire Marshal shall report to the State Fire Marshal all existing hazardous conditions, together with a separate report on each fire or explosion that occurred in the city within that month.

The owner or occupant of a building or premises where the Fire Marshal has ordered the correction of a hazardous condition may, within 5 days, appeal such an order to the City Council. At said hearing, the owner or occupant under order ofthe Fire Marshal has the right to be represented by counsel of his/her choosing. Additionally, the owner or occupant will have the right to present evidence as to why the order to correct the hazardous condition should be revoked. Such an order shall remain in effect unless the City Council expressly revokes such order in writing. Any owner or occqpant of a building or premises that refuses to remove hazardous materials, or shall keep or maintain the hazardous condition shall be punished by a fine not to exceed $500.00 for each offense.

Each day's maintenance of any ofthe above listed conditions shall constitute a distinct and separate offense.

In addition to other remedies and penalties, ifa fire is caused directly or indirectly from any omission or neglect to properly comply with the order ofthe Fire Marshal, the person culpable or negligent in respect thereto shall be liable in a civil action for the payment of all costs and expenses ofthe Fire Department incurred in and abontthe use of firefighters, apparatus, and materials in the extinguishing of any fire resulting from such cause, the amount of such costs and expenses to be fixed by the City Administrator.

The penalties provided herein shall be recovered by the city in the same manner as provided for by law for the enforcement of fines, forfeitures, and punishments for offenses against the city.

SECTION 11: Dnty to Enforce Laws: The Fire Marshal shall have the duty to enforce all state, federal and local laws pertaining to fire investigation and fire inspection.

SECTION 12: May Assist Fire Department: At the request ofthe Fire Chief or Ranking Fire Officer, the Fire Marshal may assist the Fire Department in their territory outside the city.

SECTION 13: Compensation: The Fire Marshal shall receive such compensation as the City Council shall fix from time to time. The City Council shall have the power to enter into an employment agreement with the Fire Marshal. ~ SECTION 14: Effective Date: This ordinance shall be effective on I day of m ~ '-::) , 1999.

PASSED AND APPROVED this '-/:!]_day of 111 *~ ' 1999.

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