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ORDINANCE NO. 21-3713
AN ORDINANCE AMENDING: THE CITY OF PLAINVIEW, TEXAS CODE
OF ORDINANCES ARTICLE. 5.03, "FIRE MARSHAL", BY AMENDING
,SECTIONS 5.03.001 TO 5.03.004, FURTHER DEFINING, AND
CLARIFYING THE POSITION OF FIRE :MARSHAL; ELIMINATING THE
BUREAU OF FIRE PREVENTION AND ALL REFERENCES THERETO;
AUTHORIZING PROPERLY CITY INSPECTORS TO ENFORCE AND
INTERPRET ANY FIRE CODE ADOPTED BY THE CITY OF PLAINVIEW;
PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A.REPEALER AND PROVIDING FOR PUBLICATION.
WHEREAS,: the City Council for the City of Plainview, Texas .pursuant to the
constitution and laws of the State of Texas including, but not limited to, Article 11, Section
5 of .the Texas Constitution :as a home rule city, has the authority to set forth ordinances
and regulations and exercise its police powers for the public health, safety, morals., or
general welfare of the citizens :of the: City of Plainview; and
WHEREAS, the City of Plainview, Texas operates a fire department and employs
a fire marshal whose duties include, without limitation, inspections and certifications
relating to the enforcement of the fire code and investigating_ the origin and cause of fires
and arson; and
WHEREAS, due to the unique nature of the duties of the fire marshal and the
complexities associated with enforcing::the. fire code, it is necessary to amend and clarify
the supervision, duties and responsibilities of'the fire marshal; and,
'WHEREAS, the. City Council of the City of Plainview, finds: the following
amendment relating to .supervision and .duties of the fire marshal and enforcing the
provisions of.the fire code is necessary, reasonable and:beneficial for the City of Plainview -
Fire Department and: for the public health; safety and --general welfare of the citizens of'
Plainview and a proper exercise of its police power;
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PLAINVIEW,, TEXAS,
THAT.:
SECTION 1. The Code of Ordinances, City of Plainview, Texas, Article 5.03, "Fire
Marshal", is hereby amended to read as follows (for reference ;purposes, new additions
to the Code of Ordinances are underlined and italicized):
.ARTICLE 5.03 FIRE MARSHAL
Sec. 5.03.001 . Fire marshal to be Ghmef Of bUF6 U of fire PrOyeiltion duties -
authority
Fire Marshal Amendment Page 1 of 4
407
Cor thof the fire redo the fire marshal shall he and is hereby made the
OhT f in • sharne of the bWeau of fir pOeVentieR.hOe of the fir�h Qe ��ereiR
adopt( the nhief nb.arne of +hp ibuFeat-9�#Ha pryeF+inn the same
as theGhTef ip sharne of the buFeau of fire preyen}inn and he/she is hereby
dharned with the duties and responsibilities of the nh'ief OR- dhaFge_ef the_buFeau of
fire preyOht.ieh sc presnriherL:by the fire The. office of fire -marshal is hereby,
created. The fire marshal shall be responsible for investigating the cause; .origin
and circumstances of .every fire occurring within this city by which property has
been destroyed or damaged. -The fire marshal 'shall have the right; at :all
reasonable hours; to enter into and. upon all buildings and premises within the city
for the purpose of conducting any examination required or authorized by this
article.
Sec.5:03.002 Supervision
The office ef- the: fire marshal shall report to and be under the. supervision of the
fire .chief.; e�c�er'p + WheFeyeF ppaa s-iare Fequjje,l .-+ b"he fora_b+� n
adept ad +he_ssame-shall be iss� Berl or opp'linatieR t
`�h
`-erefor reien+erl h" the thief of
the bureau of fire preventien, Who is the fire. mars#arose judgment in this
�rrccr.� -r�r�
re • petit shall nn+ hthe sunen,isiep OF nnntrnl of the fire nhief.
Sec.5.03:003 ' Records:
The ^hi'ef of the hureai r of fire pre„en+inn fire marshal:.shall keep complete records
and files pertinent to his office:
See._ 5,03.004 Enforcement of firepFevenftn code
The fir�ayen inn Gede shall en�fOro d by the bureau of fire pre entinn in the
fore. departmeRt of �he y
whiGh *�- hereby established and shall be operated uRder
the s of the fire marshal. The: fire marshal is hereby authofized and
desionNNated as the fire department official responsible for enforcing the provisions
of any fire. code adopted by the city and any city _ordinances relating to fire
prevention. The city manager is authorized to assign fire code enforcementand
inspection duties to any individual having the necessary training and expertise: in
addition :to. the- fire marshib and this desig"nation and authorization to the fire
marshal is in addition: to any other inspector assigned .such duties :by the city
manager. Any decisions relating to the interpretation or application of the fire=code
or the issuance: or resection -of permits as may.be required under the fire code, are
the sole discretion- of the fire marshal or city inspector assigned such. duties.and
may not be appealed or overturned except as allowed through the appeals process
with the appropriate board of appeals in .accordance with: the. city's code of
ordinances.
Fire Marshal Amendment Page 2 of 4
SECTION 2. The Code of Ordinances, City of Plainview, Texas, Article 5.01, "General
Provisions"; Section 5.01.005, "Annual Reports" is hereby amended to read as follows
'(for reference_ purposes, new -additions to the .Code of Ordinances,are underlined and
italicized):
Sec. 5.01.005 Annual reports
A; report representing ;he bureau 0 fire preVGRt;G„, the fire department, :the fire
marshal and the emergency medical services shall be made annually and
transmitted. .to the mayor and city council. Such report shall contain all proceedings
under this chapter,
SECTION 3. Effective Date. This ordinance shall take effect immediately from and after
its passage and publication as may be required by governing -law.
SECTION 4. Repealed. All other terms and provisions of the Code of Ordinances; City
of Plainview, Texas not in: conflict herewith and not hereby amended shall remain in full
force and effect.
SECTION 5. Severability. If any provision, section, subsection; sentence,. clause or the
application of same to any person or set of circumstances for any reason is held to be
unconstitutional, void or invalid: or for any reason unenforceable, the validity of the
remaining portions of this ordinance or the application thereby shall remain in effect, it
being :the intent of the City Council of :the- City of Plainview; Texas in: adopting this
ordinance, that no portion thereof or provision contained herein shall become inoperative
or fail by any reasons of unconstitutionality of any other portion or provision.
SECTION 6. Publication. The City Secretary of the City of Plainview is hereby
authorized and: directed to cause publication of'the descriptive caption of this Ordinance
as an alternative method provided by law.
Passed and .approved on first reading this 23rd day.of February, 2021.
Passed and approved on second reading this 9th day of :March; 2021.
ATTEST:
Belinda Hinojos , C' y Secretary
Fire Marshal Amendment
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BOX
I
APPROVED AS TO CONTENT:
je::-t rnS�ny&T "00'ity Manager* .. . ....
APPROVED AS TO FORM:
.Matt VVade-, City Attorney
Fire Marshal Amendment
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