CHAPTER 7   

FIRE PREVENTION AND PROTECTION*

 

*Cross reference(s)--Fire limits established, § 4-4; obstructing fire hydrants prohibited, § 16-52.

State law reference(s)--Fire safety, V.T.C.A., Health and Safety Code § 791.001 et seq.; municipal fire protection, V.T.C.A., Local Government Code § 342.001 et seq.

---

 Art. I  In General, §§ 7-1--7-25
            Sec. 7-1.          Stepping or driving on fire hose.
            Sec. 7-2.          Interfering with firefighters.
            Secs. 7-4--7-25. Reserved. 

Art. II Fire Marshal, §§ 7-26--7-50
            Sec. 7-26.        Establishment and duties of fire marshal.
            Sec. 7-27.        Investigation of fires; record.
            Sec. 7-28.        Taking testimony; prosecution of suspected arsonists, etc.
            Sec. 7-29.        Summoning witnesses; subpoenaing books; administering
                                       oaths.
            Sec. 7-30.        Punishment for contempt.
            Sec. 7-31.        Privacy of investigations; separation of witnesses.
            Sec. 7-32.        Right of entry--In vicinity of fires.
            Sec. 7-33.        Same--To discover dangerous conditions; correction of
                                      conditions; reports to state fire marshal.
            Secs. 7-34--7-50.        Reserved. 

Art. III Standards, §§ 7-51--7-66
            Sec. 7-51.        Fire prevention code adopted.
            Sec. 7-52.        Definitions.
            Sec. 7-53.        Failure to maintain safe premises.
            Sec. 7-54.        Failure to maintain proper arrangement of stoves, etc.
            Sec. 7-55.        Notice prior to prosecution.
            Sec. 7-56.        Fireworks and blasting agents--General prohibition.
            Sec. 7-57.        Same--Seizure.
            Sec. 7-58.        Public display of fireworks.
            Sec. 7-59.        Burning of grass, etc.
            Sec. 7-60.        Flammable liquid tanks.
            Sec. 7-61.        Liquified petroleum gases.
            Sec. 7-62.        Motor vehicle routes.
            Sec. 7-63.        Fire lanes.
            Sec. 7-64.        Modifications.
            Sec. 7-65.        New materials, processes or occupancies which require
                                      permits.
            Sec. 7-66.        Appeals.

---

 

 ARTICLE I.   IN GENERAL 

Sec. 7-1.          Stepping or driving on fire hose.

It shall be unlawful for any person to step upon or to drive any vehicle upon or across any fire hose of the fire department of the city while such hose is being used in fighting fire. 

(Ord. No. 288, § 7-18, 1-28-80) 

State law reference(s)--Similar provisions, Vernon's Ann. Civ. St. art. 6701d, § 101. 

Sec. 7-2.          Interfering with firefighters.

It shall be unlawful for any person to interfere in any manner with the firefighters of the city while the firefighters are en route to a fire or while such firefighters are engaged in fighting such fire. 

(Ord. No. 288, § 7-19, 1-28-80)

Secs. 7-4--7-25. Reserved.

TABLE OF CONTENTS
TOP OF PAGE

ARTICLE II.  FIRE MARSHAL*

*Cross reference(s)--Officers and employees, § 2-226 et seq.; the city manager with the advice and consent of the city council shall appoint a city secretary/treasurer, director of public works, fire marshal and animal control officer, § 2-227; retirement and pensions, ch. 14; traffic regulation authority of police and fire department officials, § 18-26.

State law reference(s)--Duties of state fire marshal, V.T.C.A., Government Code § 417.001 et seq.; delegation of duties of state fire marshal to city fire marshal, V.T.C.A., Government Code § 417.009.

Sec. 7-26.        Establishment and duties of fire marshal.

(a)        The fire prevention code adopted by this chapter shall be enforced by the fire marshal in the fire department of the city, which office is hereby established and which shall be operated under the supervision of the city manager. 

(b)        The fire marshal shall be appointed by the city manager on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause. 

(c)        The fire marshal is permitted to detail such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager and fire marshal the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause. 

(d)        A report of the fire marshal shall be made annually and transmitted to the city manager. It shall contain all proceedings under this Code, with such statistics as the city manager decides to include therein. The fire marshal shall also recommend any amendments to the Code which, in his judgment, shall be desirable.

(e)        The fire marshal may request, and shall receive so far as may be necessary in the discharge of his duties, the assistance and cooperation of other officials of the city. 

(Ord. No. 288, § 7-3, 1-28-80)

Sec. 7-27.        Investigation of fires; record.

The fire marshal shall investigate the cause, origin and circumstances of every fire occurring within the city by which property has been destroyed or damaged, and shall especially make investigation as to whether such fire was the result of carelessness or design. Such investigation shall be begun within twenty-four (24) 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 may be determined by the investigation required by this article. 

(Ord. No. 288, § 7-5, 1-28-80) 

Sec. 7-28.        Taking testimony; prosecution of suspected
                          arsonists, etc.

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 under investigation, and shall cause the same to be reduced to writing. If he shall 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, the fire marshal shall cause such person to be lawfully arrested and charged with such offense, and shall furnish to the proper prosecuting 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. 

(Ord. No. 288, § 7-6, 1-28-80) 

Sec. 7-29.        Summoning witnesses; subpoenaing books;
                          administering oaths.

The fire marshal shall have the power to summon witnesses before him to testify in relation to any matter which is by the provisions of this article a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto. The fire marshal is authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him. 

(Ord. No. 288, § 7-7, 1-28-80)

Sec. 7-30.        Punishment for contempt.

It shall be unlawful for any witness to refuse to be sworn; to refuse to appear or testify; to disobey any lawful order of the fire marshal; to fail or refuse to produce any book, paper or document touching any matter under examination; or to be guilty of any contemptuous conduct during any of the proceedings of the fire marshal in the matter of any investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation as aforesaid. It shall be the duty of the fire marshal to cause all such offenders to be prosecuted. 

(Ord. No. 288, § 7-8, 1-28-80) 

Sec. 7-31.        Privacy of investigations; separation of witnesses.

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. 

(Ord. No. 288, § 7-9, 1-28-80) 

Sec. 7-32.        Right of entry--In vicinity of fires.

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 article, 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 exercised only with reason and good discretion.

 (Ord. No. 288, § 7-10, 1-28-80)

Sec. 7-33.        Same--To discover dangerous conditions;
  correction of conditions; reports to state fire
  marshal.

(a)        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. It shall be his duty, monthly or more often, to enter upon and make or cause to be entered and made, a thorough examination on all mercantile, manufacturing and public buildings, together with the premises belonging thereto. 

(b)        Whenever he shall find any building or other structure which, for want of repair, or by reason of age or dilapidated conditions, 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, or a dangerous or unlawful storage of explosives, compounds, or petroleum, gasoline, 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 owner or occupant to correct such condition, which shall be forthwith complied with by the owner or occupant. 

(c)        At the end of each month the fire marshal shall report to the state fire marshal all existing hazardous conditions, together with separate reports on each fire in the city during the month.

 (Ord. No. 288, § 7-11, 1-28-80)

Secs. 7-34--7-50.        Reserved.

TABLE OF CONTENTS
TOP OF PAGE

ARTICLE III.            STANDARDS*

*Cross reference(s)--Buildings and building regulations, ch. 4; manufactured housing, mobile homes, travel trailers and parks, ch. 11; nuisances, ch. 13.

Sec. 7-51.        Fire prevention code adopted.

There is hereby adopted by the city, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the Standard Fire Prevention Code as published by the Southern Building Code Congress International, Inc., 1988 edition, 1989 Revision. The whole thereof, save and except such portions as are hereinafter deleted, modified or amended is hereby adopted and incorporated as fully as if set out at length herein. The provisions thereof shall be controlling within the limits of the city. A copy is filed in the office of the city secretary.

(Ord. No. 288, § 7-2, 1-28-80)

Cross reference(s)--Fire lanes may be established by the city manager, § 7-63; appeals from any decision regarding the fire prevention code by the fire marshal shall be to the city council, § 7-66.

Sec. 7-52.        Definitions.

(a)        Wherever the word "municipality" is used in the fire prevention code adopted in this article, it shall be held to mean the City of West Columbia, Texas.

(b)        Wherever the term "corporation counsel" is used in the fire prevention code, it shall be held to mean the attorney for the City of West Columbia, Texas.

(Ord. No. 288, § 7-4, 1-28-80)

Sec. 7-53.        Failure to maintain safe premises.

Any owner or occupant of a building or other structure or premises, who shall keep or maintain the same when, for want of repair, 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 as provided in section 1-15.

(Ord. No. 288, § 7-12, 1-28-80)

Sec. 7-54.        Failure to maintain proper arrangement of stoves,
                          etc.

Any owner or occupant of any building or other structure or premises:

(1)        Who shall keep or maintain the same with an improper
                                     arrangement of:

(a)        A stove, range, furnace or other heating 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, health or safety of persons or property;

(b)        Lighting device or system, or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, inflammable materials, refuse or with any other conditions which shall be dangerous in character to the persons, health or property of others; or

(2)        Which shall be dangerous in the matter of promoting, augmenting or causing fires, or which shall create conditions dangerous to firefighters, or occupants of such building, structure or premises other than the maintainer thereof; shall be punished as provided in section 1-15.

(Ord. No. 288, § 7-13, 1-28-80) 

Sec. 7-55.        Notice prior to prosecution.

No prosecution shall be brought under section 7-53 or 7-54 until the order provided for in section 7-33 is given and the party notified shall fail or refuse to comply with the same.

(Ord. No. 288, § 7-14, 1-28-80)

Sec. 7-56.        Fireworks and blasting agents--General
                          prohibition.

It shall be unlawful for any person to store, to offer for sale, expose for sale, sell at retail, use or explode any fireworks or blasting agents within the city.

(Ord. No. 288, § 7-15, 1-28-80)

Cross reference(s)--Licenses, permits and business regulations, ch. 10.

Sec. 7-57.        Same--Seizure.

The fire marshal or chief of police shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks or blasting agents offered or exposed for sale, stored, or held in violation of this article.

(Ord. No. 288, § 7-16, 1-28-80)

Sec. 7-58.        Public display of fireworks.

Public displays conducted under proper police and fire department supervision, after application made and permit issued by the city fire marshal shall be granted, may be permissible when there shall not be a danger to property or persons.

(Ord. No. 288, § 7-17, 1-28-80) 

State law reference(s)--Authority to restrain or prohibit fireworks, V.T.C.A., Local Government Code § 217.003.

Sec. 7-59.        Burning of grass, etc.

It shall be unlawful for any person, at any time, except as otherwise expressly provided, wilfully or negligently to burn or incinerate, or cause to be burned or incinerated, any grass, weeds, leaves, bushes or foliage of any kind or character within the city.

(Ord. No. 288, § 7-20, 1-28-80)

Cross reference(s)--Rubbish, weeds, wild growth, § 13-31 et seq.

Sec. 7-60.        Flammable liquid tanks.

Storage of flammable liquids in outside aboveground tanks is prohibited within the city; however, all aboveground tanks installed and in use as of the effective date of the ordinance from which this section was derived shall not be held in strict compliance when, in the opinion of the fire marshal, they do not constitute a distinct hazard to life or property. Any such tank shall be held to strict compliance should it in any manner be moved or relocated from its location as of January 12, 1976.

(Ord. No. 288, § 7-21, 1-28-80)

Sec. 7-61.        Liquified petroleum gases.

Tanks for bulk storage of liquified petroleum gases are prohibited in all areas of the city.

(Ord. No. 288, § 7-22, 1-28-80)

Sec. 7-62.        Motor vehicle routes.

(a)        The routes referred to in the fire prevention code adopted in section 7-51 for transport of explosives, blasting agents, flammable or hazardous chemicals, or other dangerous articles shall be Highways 35 and 36 and West Brazos Avenue only.

                        (b)        Every vehicle transporting or containing explosives shall be marked or placarded on both sides, front and rear, with the word "Explosives" in letters not less than three (3) inches high on a contrasting background; however, vehicles shall display such placards only when explosives are actually contained in or are being transported by such vehicle, and for the purposes of this code, any vehicle bearing such markings shall be conclusively presumed to contain or be transporting explosives.