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HomeMy WebLinkAboutORD 22-A-3Al 0RDIBAX-C E. Entitled an ordinance creating the --office of Fire Marshall in the City f ea ont 'ppescr'bing the duties thereof,g"m�,intenance and penalties for violation thereof. i BE IT ORDAINED BY THF CITY'.ROu1VCIL orTHJ CfiTY ;OF­BEAUMONT Se ion 1. The office of Fire M. shall is hereby created, such office shall be illed by appointment by the mayor, by and with the consent of the City Council, within thirt (30) days after this ordinance shall go into effect and the offi er appointed shall hold said office until April 1912, unless he shall sooner be removed. The said Fire Marshall shall be properly qualified for the' duties of this office and he shall receive an annual salary, payable in monthly installments of such amount as,the 'City Council shall from time'to time designate, - — -----same never to be diminishe u Iin the. --tenure of his . office but may be increased. Phe offices ii ia? 2 shall be appointed in the manner prescribed by Section 8 0� L , Section 2. The Ere laarshall shall investigate the'eause, origin and cir- eumstances of every fire occuring within the City of Beaumont by which pro- perty has been destroyed or damaged, and .shall especially make investi- gation as to whether such fire was the result of carelessness or design. Such investigation shall be begun within twenty-four hours, not includ; ing Sunday, of the oceurance of such fire. `-.The. Fire Marshall shall-. j keep -in his office a record of all fires occuring within the city, together with all facts, da.ti tics and circumstances, including the ` origin of the fires -and the amount of the loss, which may b6"determine J.�y by the investigation required by this ordinance. Such record shall at! all times be open to public inspection. _ r Section 3. �r Y The Fire Marshall, when in his opinion further investigati�' is necessary, shall take orlea'se to be taken the testimony on oath, of r all persons supposed to be cognizant of any facts or to'have means of knowledge in relation to the tatter as to which an examination is here in required to be made, and--- shallcause, 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 o 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 a'ested 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 -A him , including -a copy of all pertinent and material testimony taken in the case. " Section -40 The. re Marshall shall ahve 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 hereto. The said Fire Marshall is hereby authorized and empowered.to administer oaths and affirmations to any persons appearing as Qitnesses before hi41 and'false swearing in - any matter or proceeding aforesaid shall be perjury and shall be pun- ished as.,such. Any 'witness(,,who' refuses to be sworn, or -who refuses -to testify, or who disobeys any lawful order of said Fire Marshall., or who fails or refuses to produce any book, paper or document touching any --matter under examination, or who is guilty of ai y contemptuous. conduct after being summoned 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 Marshall to make complaint against said person or persons so refusing to -comply with the summons or order of said. Fire Marshall in the d-orpo-ration Court in the` City of Beaumont; - and upon filing such complaint such cause shall proceed in the same manner as other erimminal cases, and upon vonviction et-- any'eu-eh person guil ty of a violation of the provisions of this ordinance shall be fined in a sum 3t less than $5.00 nor more than $100.00: Provided, however, that any person so convicted shall have the right to appeal. All investigations held. by or under.the-direction of the Fire Marshall may, in his discretion, be private, and. persons other than those required to be present may be'excluded from the place where such in- vestigation 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. Section 5.. --Marsha-li-shall have-the---autb:ority at all' times of day or night,' in the performance of the duties 'imposed upon him by the provisions ,of this ordinance, to enter upon sa examine any building or premises .where any fire has oeeured,.and other buildings and premises adjoining or near the same. Section b. The Fire Marshall,'upon complaint of any person having an interest in any building or property adjacentpand without any complaint, shall have a right at all reasonable hours, for the purpose of examina- tion, to enter into and upon all buildings and--premises,within the City, and'it shall be his duty, quarterly .or more often, to enter upon and, make, or cause to be enter.ed'upon and made, a thorough -.examination of all mercantile, manufaoturiiig analpublia -buildings;---togeth-er with -:the premises belinging,thereto. Whenever he shall -find any building or other structure which, for want of repair, o.r by reason of age.or dilapidated condition, or for any cause, is- especially liable to fire, and which is so situated 8s to endanger other`,buildings'or property, 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, flues and pipes with which the same may be oDnnected, .,or a dangerous arrangement of lighting devices or systems, or a danger- ous -or unl,. awful storage ofexplosives, compounds.;petroleum--gasoline, - -- kerosine, dangerous chemicals, vegetable products, ashes, combustible, inflamm��iJe and refuse materials, or -other conditions which, in his, opinion, may be dangerous in'charaeter or liable to cause or promote fire or create conditions dangerous to the firemen m occupants, he shall order the same to be removed or remedied, and such order shall be forth'r with complied with.by the owner or occupant of said.building'or.premises; provided, however,, that if the said owner or occupant deems himself a aggrieved by such order, he may within twenty-four (24) hourg.appeal 9 t � to the Mayor' of the City of Beaumont, such;'.appeal to be written, who shall investigate the cause of the complaint an'd unless by his authoAty the order is revoked, 'such order shall-,r-emain in force and be forth with complied with -by such owner or occupant;. Any owner or, occupant �^ of such buildings or premises failing to,comply with the authorities -J above specified, 'shall be deemed guilty of ;a misdemeanor and upon convietiIon, in -the corporation court,'shaltl`,be fined in any sumi not . less.; then X5..00 nor more than $100..00, -each day',s•.,neglect ,separate' and distinct 'offense. Section, '9. ,• 911 ;ordinances, or. parts' of"ordinanee.s inconsistent 'herewith are hereby, repealecd. N 5 Section .8. This. ordinance shall- go Itto "effect and. -be in full force and effect from. and after its passage, appro*al by the -Mayo'i and publication. Passed . this the 1 day of A. D. 1910: 7c�/IU'Zr'�• D.. 1910k • Approved this, the .�-—day-'of,.