The Bryan eagle. [volume] (Bryan, Tex.) 1880-1913, 1911-03-23
AN ORDINANCE
Creating the Office Of Fire Marshal,
Prescribing the Duties Thereof,
Providing for Its Maintenance, and
Prescribing Penalties for Viola


shall be independent Of other city de-
'partments, the fire marshal reporting
directly to the mayor and city council.
Such office shall be filled by appoint
|ment by the mayor, by and with the
consent of the city council within
ten days after this ordinance shall
take effect. The said fire marshal shall
be properly qualified for the duties Of
his office and shall be removed only
for cause. He shall receive an annual
salary of $4,000, payable in monthly
installments. as full compensation for
his services.
Sec 2. The fire marshal shall in
vestigate the cause, origin and circpm-
stances of every fire occurring within
the city Of Bryan 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 investi-
cation shall be begun Within twenty
four hours, not including Sunday, Of
the occurrence of such fire. The fire
marshal shall keep in his office a rec
ord of all fires occurring 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 investigation required by this ordi-
nance. Such record shall at all times
be open to public inspection.
Sec 3. 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 knowl-
edge in relation TO the matter as to
which an examination is herein re-
quired 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 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 arrested and charged with such
offense, or either of them, and shall
furnish to the proper prosecuting at
torney all such evidence, together with
the names of witnesses and all OF the
information obtained by him, includ-
( ing a copy of all pertinent and mate
rial testimony taken in the case.
Sec. 4. The fire marshal shall have
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
q subject of inquiry and investigation
and may require the production OF any
book, paper or document deemed per
tinent thereto. The said fire marshal il
hereby authorized and empowered tC
administer oaths and affirmations u
any persons appearing as witnesses
before him, and false swearing in any
matter or proceeding aforesaid shall
be perjury and shall be punished a!
such. ANY witness who refuses to bt
sworn. or who refuses to testify, o.
who disobeys any lawful order OF salt
fire marshal, or who fails or refuses
TO produce any book. paper or docu
ment touching any matter under eX
animation, or who is guilty of an.
contemptuous conduct after being sum
moned to give testimony in relation
to any matter under investigation a
aforesaid. shall be deemed guilty Of {
misdemeanor and it shall be the dut.
OF the fire marshal to make complain
against said person or persons so re
fusing to comply with the summon
or order Of said fire marshal befor
any Justice OF the peace, police magis
trate. or in any court of record withil
the city. and upon the filing OF sucl
complaint, such cause shall proceed II
the same manner as other crimina
cases. and upon conviction any sucl
person guilty of violation Of the pro
visions Of this ordinance shall be finet
In q sum not exceeding twenty-five
dollars ($2t.00); provided, however
that any person 50 convicted shall
have the right of appeal. All in
vestigatiOns held by or under the d
reotion of the fire marshal may, Il
his discretion, be private, and person
other than those required to be pres
ent may be excluded from the placj
where such investigation is held, AM
witnesses may be kept separate ant
apart from each other and not allowed
10 communicate with each other unit
they have been examined.
Sec. D The fire marshal shall hav
the authority at all times Of day o
night. in the performance Of the dutie
imposed upon him by the provision
CT this ordinance, to enter upon ant
examine any building or premise
where any fire has occurred, and othe
buildings and premises adjoining o
near the same.
Sec. 6. The fire marshal, upon com
plant OF any person having an interes
in any building or property adjacent
and without any complaint, shall hav
a right at all reasonable hours. for thu
purpose of examination, to enter int
and upon all buildings and premise
within the city, and it shall be his duty
quarterly or more often, to enter upoI
and make, or cause to be entered upol
and made, a thorough examination o
all mercantile, manufacturing and pub
lie buildings, together with the prem
ises belonging thereto. Whenever h,
shall find any building or other struc
ture which, for want of repair, or b!
reason of age or dipalidated condition
or for any cause, is especially liable
TO fire, and which is so situated as L
endanger other buildings or property
or so occupied that fire would endan
ger persons or property therein, anC
whenever he shall find an improper Of
dangerous arrangement of stoves
ranges, furnaces or other heating ap
planes of any kind whatsoever, in