HomeMy WebLinkAbout1995-2159 - Ordinance - 12/14/1995ORDINANCE NO 2159
AN ORDINANCE AMENDING CHAPTER 6, FIRE PROTECTION, OF THE
CODE OF THE ORDINANCES OF THE CITY OF COLLEGE STATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION THAT:
Chapter 6 of the Code of Ordinances of the City of College Station, Texas, is hereby
amended to read as follows:
SECTION 1: STANDARD FIRE PREVENTION CODE ADOPTED
SECTION 1: FIRE PREVENTION CODE
A. STANDARD FIRE PREVENTION CODE ADOPTED
(1)
The 1994 Standard Fire Prevention Code, as set forth in Chapter 3, Section 1A4(a) (6)
of the Code of Ordinances of the City of College Station as it was adopted and
designated as the Fire Prevention Code of the City of College Station by Ordinance No.
1919 on October 10, 1991. Said Code is adopted to the same extent as though such
Code were copied at length herein, subject however to the omissions, additions,
supplements, and amendments contained in this section.
(2)
Thc Life Safety Code Handbook. specifically the 1991 Edition published by the National
Fire Prevention Association, a copy of which is on file in the office of the City Secretary
of the City of College Station, Texas, is hereby adopted and designated as the life safety
code of the City of College Station. Said code is adopted to the same extent as though
such code were copied at length herein.
AMENDMENTS IN THE FIRE PREVENTION CODE
The Standard Fire Prevention Code, as referred to above is hereby amended as follows:
(1)
(A) To Chapter 5, Section 501.1 - Bonfires and Outdoor Rubbish Fires, the
following amendment shall be made:
(a) 501.1.1- shall be changed to read as follows:
Ordinance No. 215 9 Page 2
(2)
(3)
No person shall kindle or maintain any bonfire or rubbish fire or authorize any
such fire to be kindled or maintained without a permit from the Fire Official
During construction or demolition of buildings or structures, no waste materials
or rubbish shall be disposed of by burning on the premises or in the immediate
vicinity without having obtained a permit.
Co) 501.1.2 - shall be removed:
Section 504 Use Of Equipment, Appliances And Devices, the following amendment
(a)
Section 504.1.4 - add the Exceptions to the following:
Thc use of any liquid fueled unvcnted heating appliance shall be permitted in
one and two family residences only, providing such appliance is tested and
listed by an approved laboratory according to requirements of UL 647, complies
with the labeling standards of the National Kerosene Heater Association and is
packaged with consumer education materials complying with the standards of
thc National Kerosene Heater Association as evidenced by the mark of the
National Kerosene Heater association or any nationally recognized laboratory
certifying compliance with such labeling and consumer education
requirements; and providing the fuel is stored in containers in accordance with
NFPA 30.
Exceptions:
a. Liquid fueled unvented heating appliances may be used as a temporary
heat source for any building under construction provided sufficient
open areas exist to provide adequate ventilation and thc heating device
is kept clear of all combustible materials and proper safety precautions
arc taken.
To Chapter 6, Section 602.3--Fire Barrier, add the following sentence:
The Fire Official or his representative is hereby authorized to establish fire lines during
any fire or emergency and to exclude all persons other than those authorized to assist in
extinguishing or investigating the fire or emergency from entering within this boundary.
To Chapter 6, Section 602.6 - Access to Buildings by Fire Apparatus, the following
amendments are made:
(a) 602.6.1 shall be changed to read as follows:
602.6.1 No building of any type construction for occupancy shall be
constructed in such a manner that any part of the structure is more than one
hundred fifty feet (150') from a public street, or highway provided, however,
that such structure may be erected at a greater distance if the owner or
developer designates, constructs and maintains a fire lane having a minimum
width of twenty feet (20') and minimum height clearance of fourteen feet (14'),
Ordinance No. ~ 15 9 Page 3
(4)
terminating within one hundred fdty feet (150') of the furthermost point of such
structures; providing further, however, that no fire lane shall be required for
any single family or duplex dwelling.
Additional specifications, relating to "FIRE LANES', shall be included, as follows:
602.6.6 When Required
(a) The Fire Marshal is hereby authorized to establish fire lanes during any fire,
and to exclude all persons other than those authorized to assist in extinguishing
the fire or the owner or occupants of the burning property from within such
lanes.
602.6.7 Specifications
(a)
Any fire lane more than one hundred feet (100') in length shall either connect
at each end to a dedicated street or be provided with a turnaround having a
minimum-diameter of eighty feet (80') when measured from curb to curb. All
fire lanes shall be maintained and kept in a state of good repair at all times by
the owner, manager, or person in charge of the premises. The City of College
Station shall never be responsible for the maintenance thereof.
The City of College Station Engineering Division is hereby authorized to
designate adequate fire lanes and/or turnarounds to any building when
deemed necessary for fire department access in the event of fire in such
building.
602.6.8 Fire Lane Markings
(a)
The owner, manager, or person in charge of any building or property to which
fire lanes have been approved or required by engineering shall mark and
maintain said fire lanes in the following manner:
All curbs and curb ends shall be painted red with four inch (4") white
lettering stating "FIRE LANE - NO PARKING - TOW AWAY
ZONE". Wording may not be spaced more than fi~en feet (15') apart.
In areas where fire lanes are required but no continuous curb is available, one
of the following methods shall be used, in conjunction with the curb markings,
to indicate that the fire lane is continuous:
Option #1: A sign twelve inches (12") wide and eighteen inches (18")
in height shall be mounted in a conspicuous location at each entrance to
the property. (See Diagram No. 1 for specifications on colors and
lettering.)
Option #2: From the point the fire lane begins to the point the fire lane
ends, including behind all parking spaces which adjoin a fire lane, shall
be marked with one continuous eight inch (8") red stripe painted
on the drive surface behind the parking spaces. All curbing adjoining a
Ordinance No. 215 9 Page 4
fire lane must be painted red. Red stripes and curbs will contain thc
wording "FIRE LANE - NO PARKING- TOW AWAY ZONE",
painted in four inch (4") white letters. ("Fignrc A" in Ordinance No
1630 illustrates striping on drive surface behind parking spaces.)
In some cases where curb markings arc not possible or where signs would
in thc Fire Official's opinion work more effectively, he can require them in lieu
of curb markings.
(c)
Thc use of the color red to mark or stripe any curb or parking area
(other than fire lanes) is prohibited within thc City of College S~ation."
602.6.9 Fire I.,~ne Signs; Tow-Away Zone Signs
The owner, manager, or person in charge of any building to which fire lanes have
been approved by the Engineering Division shall post and maintain appropriate
signs in conspicuous places along such fire lanes stating "No Parking - Fire Lane".
Such signs shall be twelve inches (12") wide and eighteen inches (18") high, with a
companion sign twelve inches (12") wide and six inches (6") high stating "Tow-Away
Zone".
Any 'No Parking - Fire Lane" or 'Tow-Away Zone" sign shall be painted on a white
background with symbols, letters and border in red. Drawings and samples of such
signs may be obtained from the Fire Department of the City of College Station.
Standards for mounting, including but not limited to, the height above the grade at
which such signs are to be mounted, shall be as adopted by the Fire Official of College
Station.
602.6.10 Destruction of Fire Lane or Tow-Away Signs
It is hereby unlawful for any person, without lawful authority to attempt or in fact alter,
destroy, deface, injure, knock down, or remove any sign designating a fire lane or tow-
away zone erected under the terms of this code, or to deface a curb marking in any way.
602.6.11 Abandonment or Closing
No owner, manager, or person in charge of any premises served by a required fire lane
shall abandon or close such fire lane without written permission of the Fire Official of
the City of College Station.
602.6.12 Parking in Fire Lanes Prohibited
No person shall park, place, allow, permit, or cause to be parked, placed, any motor
vehicle, trailer, boat, or similar obstruction within or upon an area designated as a fire
hne and marked by an appropriate sign or curb marking.
Ordinance No. 215 9 Page 5
Any motor vehicle, trailer, boat, or similar obstruction found parked within an area
designated as a fire lane as required by lifts section is hereby declared a nuisance
per se and any such motor vehicle, trailer, boat, or similar obstruction parked or
unoccupied in such a manner as to obstruct in whole or in part any such fire lane
shall be prima facie evidence that the registered owner unlawfully parked, placed, or
permitted to be parked or placed such obstruction within a fire lane.
The records of the State Highway Depamnent or the County Highway License
Department showing the name of the person to whom the Texas highway license
or boat or trailer license is issued shall constitute prima facie evidence of ownership
602.6.13 Modifications
The Fire Official of the Fire Department shall have power to modify any of the
provisions of the code hereby adopted upon application in writing by the owner
or lessee, or his duly authorized agent, when there are practical difficulties in the
way of carrying out the strict letter of the code; provided that the spirit of the code
shall be observed, public safety secured, and substantial justice done. The particulars
of such modifications when granted or allowed and the decision of the Fire Official of
the Fire Department thereon shall be entered upon the records of the department and
a signed copy shall be furnished to the applicant.
602.6.14 Enforcement; Issuance of Citations; Im.noundment of Obstructions
The Fire Official or any member of the Fire Department designated by the Fire Official,
the Chief of Police, or any member of the Police Department designated by the Chief of
Police are hereby authorized to issue parking citations for any motor vehicle, trailer,
boat, or similar obstruction found parked or unattended in or upon a designated fire lane
and may have such obstruction removed by towing it away. Such vehicle or obstruction
may be redeemed by payment of the towage and storage charges at the owner's expense.
No parking citations shall be voided nor shall the violator be relieved of any penalty
assessed by a judge of the Municipal Court for any provision by the redemption of the
obstruction from the storage facility.
602.6.15 Submission of Plot Plans; Duties of Contractors
Prior to the issuance of a building permit, two (2) plot plans with designated fire lanes
shall be submitted to the Building Department. The Engineering Division then will
approve or disapprove the designated fire lanes and indicate the needed signs and
pavement markings. One (1) of these plans shall be retained by the City of College
Station and the other returned to the owner for his use.
Ordinance No. 215 9 Page 6
(5)
The contractor or person in charge of any construction site for commercial, industrial,
mercantile, education, institutional, assembly, hotel, motel, multifamily dwelling, or
mobile home park occupancies shall provide and maintain during construction an
approved all weather fire lane as approved by the City Engineer, not less than twenty
feet (20') in width, as shown on approved plot plans. Final paving of such fire lane
shall be completed prior to issuance of any Certificate of Occupancy.
602.6.16 Penalties
Any person who shall violate any of the provisions of the Code hereby adopted or fall
to comply herewith, or who shall violate or fail to comply with and order made
thereunder, or who shall build in violation of any detailed statement of specification or
plans submitted and approved thereunder, or any certificate or permit issued thereunder,
and from which no appeal has been taken, or who shall fail to comply with such an
order as affirmed or modified by the City of College Station, shall severally for each and
every violation and noncompliance respectively be guilty of a misdemeanor. Any
violation of this ordinance is punishable by a fine pursuant to the General Penalty set
out in Chapter 1, Section 5, of this Code of Ordinances. The imposition of one (1)
penalty for any violation shall not excuse the violation or permit it to correct or remedy
such violations or defects within a reasonable time. The application of the above penalty
shall not be held to prevent thc enforced removal of prohibited conditions.
The application of thc above penalty shall not be held to prevent the enforced removal of
prohibited conditions
To Chapter 6, Section 603--Installation and Maintenance of Fire Protection Systems and
Appliances, the following amendments shall be made:
(a) Under 603.1-Installation, paragraph 603.1.3 shall be changed to read as follows:
603.1.3 Public fire hydrants of the City of College Station standard design shall
be installed as part of the water distribution system for subdivisions and/or site
developments. The Engineering Division shall approve the appropriate
hydrant locations accessible to fire fighting apparatus and within the maximum
distances described in the following paragraphs, 603.1.3A and 603.1.3B.
603.1.3A Public fire hydrants shall be installed in single-family and duplex
districts at such locations that no part of any structure shall be more than five
hundred feet (500') from a fire hydrant as measured along the right-of-way of a
public street as the fire hose is laid off the fire truck.
603.1.3B Public fire hydrants shall be installed in districts other than single-
family and duplex districts at such locations that no part of any structure,
aboveground tanks or fueling stations, shall be more than three hundred feet
(300') from a fire hydrant as measured along the righi-of-way of a public street
or along an approved fire lane as the fire hose is laid off the fire truck. The
installation of public fire hydrants in such districts may be deferred and required
as a condition of the building permit for structures.
C~dinance No. 215 9 Page '/
(d)
(e)
Under 603.15--Automatic Sprinkler Systems, paragraph 603.15.5 shall be
changed to read as follows:
603.15.5 In all structures, except single family or duplex districts, protected
by an automatic sprinkler system as a requirement, an electronic water flow
alarm shall be provided as a means of supervising the system. All required
systems designed in accordance with NFPA 13 or 13R, except in single family
or duplex districts, shall be constantly monitored by a licensed alarm company;
any changes which must be made to update the system shall be at the owner's
expense. All alarm systems shall be approved by the Building Official and
tested by the Fire Official or his designee to insure completion and proper
operation. Verification of alarm connection to an alarm company shall be
submitted in writing, by a representative of the alarm company, to the Fire
Official. Alarm companies under this section will meet current NFPA 72
Standards.
Also under 603.15--Automatic Sprinkler Systems, a new paragraph numbered
6903.15.8 shall be included, to read as follows:
603.15.8 Sprinkler systems and flow alarms that arc required to be monitored
by a licensed company shall at no time be shut off. This includes a business
going out of business. The owner of said structure shall be responsible to
assure that the water is not shut off to the sprinkler system and the phone
company does not shut offthe phone line to the water flow alarm.
Under 603.16--Fire Department Connection, a new paragraph numbered
603.16.3 shall be included, to read as follows:
603.16.3 At no time shall anyone place or park any motor vehicle, trailer, boat,
fence, growlh, trash or other material or similar obstruction to within five feet
(5') of fire connection or prevent the system connections from being
immediately discernible or prevent the Fire Department's use of any sprinkler
system or standpipe system. All such connections shall be clearly marked by
thc owner with a sign placed above the connection stating NO PARKING TOW
AWAY ZONE FIRE DEPT. CONNECTION. Such sign shall be at least
twelve inches (12") by twelve inches (12") with lettering of at least two inches
(2"), sign shall be white with red lettering.
603.17.1 Owner or Occupant to Number Building
The owner or occupant of each building, whether new or existing, shall place
and maintain a number as designated by the Building Official in a conspicuous
place on the premise~ visible from the street the building fronts on.
603.17.2 Accessory Structures
This ordinance shall not apply to accessory structures.
Ordinance No. 2'] 5 9 Page 8
603.17.3 Specifications for Numbers
An official building number placed pursuant to this ordinance must be at least
four inches (4") high, and have at least a one-half inch (1/2') stroke in the
main body of the number, and be composed of a durable material and of a
color which provides a contrast to the background. The number shall be
mounted a minimum of thirty-six inches (36") and a maximum of thirty feet
(30') in height measured from ground level. Buildings located more than
fifty feet (50~) from the curb of a street shall have numbers at least five
inches (5*) in height. For the purpose of this ordinance, durable materials
for use in numbering shall include but not be limited to wood, plastic, metal,
weather-resistant paint, weather-resistant vinyl, or weather-resistant numbers
designed for outside use on a glass surface. For single family residences, the
requirement of this section may be met by providing two inch (2*) high
numbers on both sides of a U.S. mailbox located near the curb in front of the
house, or a freestanding structure with numbers at least four inches (4") in
height.
603.17.4 Numbering Within Building Complexes~ Numbering Rear Accesses
A building complex composed of multiple structures shall have an official
number assigned to each building as well as a street number. Each unit within
each building must also be assigned an official number. If there is sufficient
street frontage, each unit within each building must also be assigned an official
number. If there is sufficient street frontage, each unit or building may be
assigned a separate official street address number. The official number of each
structure must be prominently posted on the building so that it is visible from
the nearest public street. Each number designated by thc Building Official
must be prominently posted on thc building so that is visible from the nearest
public street. Each number designated by the Building Official for each
individual unit must be conspicuously posted on the unit. Commercial
buildings shall also display the business name and designated address
on each outside door. Residential structures which provide for rear vehicular
access from a dedicated public alley shall conspicuously post the designated
number so that it is visible to the alley.
603.17.5 Diagrams of Mall Areas
The owner of a building complex which contains an enclosed shopping mall
shall submit to the Fire Official four (4) multiple copies of diagrams acceptable
to the Fire Official of the entire complex, indicating the location and number of
each business. When a change in a business name or location is made, the
owner or manager of structure shall so advise the Fire Official in writing of the
change.
Ordinance No. 215 9 Page 9
(6)
(7)
(8)
603.17.6 Numbering of Electrical Meter Cans
Thc City of College Station shall number electrical meter cans with applicable
unit addresses. It shall be a violation of this ordinance for any individual to
obliterate or otherwise deface any meter can such that the number is not legible.
603.17.7 Responsibility to Maintain
It shall be the responsibility of thc person in charge of premises to maintain all
numbers required under the provisions of this ordinance.
603.17.8 Penalty
Any person failing or refusing to put the proper numbers on premises, a
building or sub-unit, or placing thc wrong number thereon, or failing or
refusing to comply with any other requirement of this ordinance shall be
deemed guilty of a Class C misdemeanor for which punishment shall
be no less than Twenty Dollars ($20.00) or no more than Two Hundred
Dollars ($200) per day.
To Chapter 2, Section 2, Section 202 - Definitions, thc following definition shall be
added:
*...as the fire hose is laid offthe fire truck...' the distance along the route the fire
truck will travel from thc principal entrance(s) of the structure (the driveway
entrance to the property for buildings within one hundred fifty feet (150') of
a public fight-of-way) to the nearest fire hydrant. The total distance shall
include the radial distance from said entrance and may utilize public
right-of-way, approved fire lanes and/or drive access ways but in no case
shall the truck travel route be measured across grass, wooded or landscaped
areas, over curbs, through fences, through ditches or across paved areas
which are not designed and maintained as fire lanes.
To Chapter 6, Section 603.18 - Key Boxes, the following amendment shall be made:
(a) 603.18.1 - shall be changed to read as follows:
The fire offic/al shall have the authority to require a key box to be installed
where access is difficult because of security. Thc Fire Official will approve the
location for the key box.
To Chapter 8, Section 802.2 - Overcrowding, the following amendment shall be made:
(a) 802.2 - Overcrowding shall be changed to read as follows:
802.2 - Overcrowding. When the Fire Official determines that any building or
other structures in viohtion of the posted capacity, he shall
temporaily order such establishment closed, and may obtain the
assistance of other law enforcement agencies to enforce his order.
The temporany closure of such a building or structure shall be limited
to a period of time sufficient to evacuate the building and count the
Ordinance No. 215 9 Page 10
(9)
(10)
total number of occupants therein, and to reduce the actual number of
occupants to constitute compliance with the Building Code and Fire
Code.
To Chapter 9, Section 910.11 - Filling and Discharging Tank Vehicles, the following
amendment shall be made:
(a) A new section 910.11.10 shall be included, as follows:
910.11.10 At no time while discharging flammable liquids shall the driver or
operator be out of sight and reach of the discharge valves. If at any
time while discharging flammable liquids, the driver or operator must
leave the vehicle for any reason, he or she shall shut down all valves
until his or her return and shall be totally responsible for any and all
spillage.
To Chapter 20 - Fireworks, the following amendments are made:
(a) A new section 2002.3 - Restricted Use shall be included, as follows:
2002.3 The presence of any fireworks as defined in Chapter 2 Section 202 of
this code within the jurisdiction of the City of College Station is
hereby declared to be a common and public nuisance.
Co)
Section 2005.1 - Removal (under 2005 - Seizure of Fireworks) shall be
amended to read as follows:
2005.1 - Removal. The fire Official is directed and required to seize and cause
to be safely destroyed any fireworks found in violation of this article.
(c) A new section 2005.3 - Transportation shall be included as follows:
2005.3 - Transportation. Any member of the Fire Marshal's Office or other law
enforcement officer is empowered to stop the transportation of any
fireworks and detain any person found transporting illegally, or to
close any building where any fireworks are found stored illegally, until
the Fire Official can be notified in order that such fireworks can be
seized and destroyed in accordance with the terms of this Chapter.
Notwithstanding any penal provisions of this article, the City Attorney
is authorized to file suit on behalf of the City or the Fire Official, or
both, for such injunctive relief as may be necessary to prevent unlawful
storage, transportation, keeping or use of fireworks within the
jurisdiction of the City and to aid the Fire Official in the discharge
of his duties and to particularly prevent any person from interfering
with the seizure and destruction of such fireworks, but it shall not be
necessary to obtain any such injunctive relief as a prerequisite to such
seizure and destruction.
Ordinance No. 215 9 Page 11
SECTION 2: FIRE LIMITS
AREA LIMrrs DESCRIBED
The fire limits referenced in any code or ordinance adopted by the City of College Station shall
be construed to be the following described area.
(l) (a) Beginning at the south comer of Farm Highway No. 60 and Old Highway
No. 6, Block 8 Boyett Addition;
Thence northeast along center of Farm Highway No. 60 through Blocks 8, l,
and 2 to east comer of Tauber Street and Farm Highway No. 60;
Thence northwest approximately one hundred eighty-nine feet (189');
Thence southwest to east comer of Block l, Lot 21, to comer of Main and
Patricia Streets;
Thence northwest approximately fffiy feet ($0');
Thence southwest approximately one hundred ninety feet 090') which includes
Lots 21 to 26 inclusive, also Block l, Boyett Addition;
Thence northwest approximately one hundred fffiy feet (150') to the
Church Avenue;
Thence southwest approximately fflty-two feet (52') to Patricia Street which
includes Lots 18 to 27 and 28, Block l, Boyett Addition;
Thence southwest on Patricia Street to Old Highway No. 6;
Thence southeast approximately two hundred feet (200') along center of Old
Highway No. 6 to the place of beginning.
(b) Save and except the area described as follows:
Beginning at the inters~t/on of the northwest right-of-way line of the
University Drive and the northeast fight-of-way line of Boyett Street;
Thence northwest along the northeast fight-of-way line of Boyett Street
to the southeast right-of-way line of Patricia Street.
Thence northeast along the southeast right-of-wa), line of Patricia Street
approximately two hundred thirty-five feet (235');
Ordinance No. 215 9 Page 12
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Thence southeast through Lot. No. 11, Block No. 1, Boyett addi'tion,
twenty-five feet (25') from and parallel to the line between Lot No. 11
and Lot No. 12 to the northwest right-of-way line of University Drive;
Thence southwest along the northwest right-of-way line of University
Drive to the place of beginning and being all of LOt No. 13, all of LOt No. 12,
and the southwest twenty-five feet (25') of LOt No. 11, Block No. 1, Boyett
Addition.
(2)
Beginning at the comer of George Bush Drive and Montclalr Street, Block 8, West
Park Addition;
Thence southwest along centerline to Highlands Street, which includes Lots I to 13
inclusive;
Thence southeast along centerline of Highlands Street, one hundred feet (100') to alley;
Thence northeast to east comer of Lot No. 1, Block No. 8, Montclalr Avenue;
Thence northwest one hundred feet (100') to place of beginning.
FIRE MARSHAL TO INVESTIGATE ALL FIRE
The Fire Marshal shall investigate the cause, origin, and circumstances of every fire occurring
within this 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 begin 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 section.
FIRE MA~.~HAL TO TAKE TESTIMONY AND FURNISH EVIDENCE
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; and 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, he shall cause such person to be
lawfully arrested and charged with such offense or either of them, 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.
MARSHAL TO SUMMON WITNESSES
The Fire Marshal shall have the power to summons witnesses before him to testify in relation to
any matter which is by the provisions of this section 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 authorized and empowered to administer oaths and affirm to any persons
appearing as witnesses before him.
Ordinance No. 215 9 Page 13
UNLAWFUL TO DISOBEY ANY LAWFUL ORDER OF FIRE MARSHAL
Any witness who refuses to be sworn, or who refuses to appear to testify, or who disobeys any
lawful order of said Fire Marshal, or who fails or refuses to produce any book, paper, or
document touching any matter under examination, or who is guilty of any contemptuous conduct
during any of the proceedings of the Fire Marshal in the matter of said investigation or inquiry,
after being summonsed to give testimony in relation to any matter under investigation as
aforesaid, shall be deemed guilty of a misdemeanor; and it shall be the duty of the Fire Marshal
to cause all such offenders to be prosecuted. Provided, however, that any person so convicted
shall have the right of appeal.
INVESTIGATIONS BY FIRE MARSHAL MAY BE PRIVATE
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.
FIRE MARSHAL MAY ENTER BUILDINGS WHERE FIRE HAS OCCURRED
Go
The Fire Marshal shall have the authority at all times of day or night, when necessary, in the
performance to the duties imposed upon him by the provisions of this section, to enter upon and
examine any building and premises adjoining or near the same, which authority shall be
exercised only with reason and good discretion.
FIRE MARSHAL TO MAKE PERIODIC INSPECTIONS AND REPORTS, AGGRIEVED
PERSONS MAY APPEAL
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
duty, to enter upon and make or cause to be entered and made, a thorough examination 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 repair, or by reason of
age, or dilapidated condition, or for any cause, is especially liable to fire, he shall order the same
to be removed or remedied, and such order shall be forthwith complied with by the owner or
occupant of said building or premises. Provided, however, that ff said owner or occupant deems
himself aggrieved by such order, he may, within five (5) days, appeal to the Construction Board
of Adjustments and Appeals, who shall investigate the cause of the complaint and unless by his
authority the order is revoked, such order shall remain in force and be forth with complied with
by said owner or occupant.
UNLAWFUL TO MAINTAIN FIRE HAZARDS
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 in accordance with Chapter 1, Section $ of
this Code of Ordinances.
Ordinance No. 215 9 ?age 14
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OWNERS WHO MAINTAFN HAZARDS GUilTY OF MISDEMEANOR
Any owner or occupant of any building, structure, or other premises, who shall kccp or maintain
the same with an improper arrangement of a stove, range, furnace, or other heating appliance of
any kind whatever, including chinmcys, flues, and pipes with which the same may be connocted
so as to be dangerous in thc matter of fire, or health, or safety of persons or property of others; or
who shall kccp or maintain any building, other structure, or premises with any improper
arrangement of a lighting device or system, or with a storage of explosives, petroleum, gasoline,
kerosonc, chemicals, vegetable products, asbes, combustibles, inflammable materials, refuse, or
with any other condition which shall be dangerous in character to thc persons, health, or property
of others; or which shall be dangerous in the matter of promoting, augmenting, or causing fires;
or which shall create conditions dangerous to firemen or occupants of such building, structure, or
premises other than the maintainer thereof, shall be punished in accordance with Chapter 1,
Section 5 of this Code of Ordinances.
VIOLATORS TO BE NOTIFIED BEFORE PROSECUTION
No prosecution shall be brought under Subsections I and J of this section until the order provided
for in Subsection H be given and thc party notified shall fail or refuse to comply with the same.
RECOVERY OF PENALTIES
The penalties provided for herein shall be recovered by the City in the same manner as provided
by law for the enforcement of fines, forfeitures, and punishments for offenses against the city.
SECTION 3: ARSON REWARD
A. AMOUNT AUTHORIZED
The Mayor of the City of College Station is hereby authorized and empowered to offer a
reward of not less than Two Hundred Fifty Dollars ($250.00) payable to the person or
persons who shall be responsible for the arrest and conviction of any person committing
in said city the crime of arson as same is defined by the Penal Code of the State of Texas.
B. PROCEDURE FOR PAYMENT
Whenever the Mayor shall be informed that any fire occurring in said city was of an
incendiary origin, he shall call for a report of same by thc City Fire Marshal, and if said
Fire Marshal shall report that such fire was caused by the commission of the crime of
arson, it shall become the duty of said Mayor to offer the reward above described, which
reward shall be in thc form of a proclamation duly issued by said Mayor under his
official signature and attested by the seal of the city, and shall be posted up in a
conspicuous place, one (1) of which shall be at thc city office in said city in accordance
with the regulations of thc Texas Fire Iusurance Department. Upon the information
being given by any person who shall cause the arrest and conviction of such persons so
guilty of a specific crime of arson for which said reward shall be offered, and after the
indictment of said person or persons, thc person so giving such information shall be
entitled to receive from said city such reward.
Ordinance No.2159 Page
II.
This ordinance shall become effective from and after its passage in accordance with the
City Charter of the City of College Station.
PASSED, ADOPTED, and APPROVED this 14th day of~, 1995.
ATTEST:
CONNIE HOOKS, City Secretary
APPROVED: