2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle B - Law Enforcement and Public Protection › Chapter 417 - State Fire Marshal › Section 417.008. Right of Entry; Examination and Correction of Dangerous Conditions

Sec. 417.008.  RIGHT OF ENTRY;  EXAMINATION AND CORRECTION OF DANGEROUS CONDITIONS.  (a)  On the complaint of any person, the state fire marshal, at any reasonable time, is entitled to enter any building or premises in the state.
(b)  The state fire marshal shall enter and is entitled, at any time, to enter any mercantile, manufacturing, or public building, place of amusement, or place where public gatherings are held, or any premises belonging to such a building or place, and make a thorough examination.
(c)  The state fire marshal shall order the removal of a building or structure or other remedial action if he finds that:
(1)  the building or other structure, because of lack of repair, age, dilapidated condition, or other reason, is susceptible to fire and is so located or occupied that fire would endanger persons or property in the building or structure;
(2)  a dangerous condition is created by:
(A)  an improper arrangement of stoves, ranges, furnaces, or other heating appliances, including chimneys, flues, and pipes with which they are connected, or by their lighting systems or devices;  or
(B)  the manner of storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, or combustible, flammable, or refuse materials;  or
(3)  any other condition exists that is dangerous or is liable to cause or promote fire or create danger for fire fighters, occupants, or other buildings or structures.
(d)  The occupant or owner of the building or premises shall immediately comply with an order made by the state fire marshal under this section.  The state fire marshal may, if necessary, apply to a court of competent jurisdiction for writs or orders necessary to enforce this section, and the court may grant appropriate relief.  The state fire marshal is not required to give a bond.
(e)  The commissioner may adopt by rule any appropriate standard developed by a nationally recognized standards-making association under which the state fire marshal may enforce this section, except that standards adopted by rule under this subsection do not apply in a geographic area under the jurisdiction of a local government that has adopted fire protection ordinances that apply in the geographic area.
(f)  The commissioner by rule shall prescribe a reasonable fee for an inspection performed by the state fire marshal that may be charged to a property owner or occupant who requests the inspection, as the commissioner considers appropriate.  In prescribing the fee, the commissioner shall consider the overall cost to the state fire marshal to perform the inspections, including the approximate amount of time the staff of the state fire marshal needs to perform an inspection, travel costs, and other expenses.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 186, Sec. 2, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 628, Sec. 5, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 912, Sec. 23, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1172, Sec. 3.05, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 4.001, eff. September 1, 2011.