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O-2003-2682
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O-2003-2682
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Last modified
11/2/2016 3:39:12 PM
Creation date
10/30/2006 3:21:16 PM
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Legislative Records
Legislative Type
Ordinance
Date
12/8/2003
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<br />. <br /> <br />e <br /> <br />~ 38-56 <br /> <br />LA PORTE CODE <br /> <br />DIVISION 2. FIRE MARSHAL. <br /> <br />Sec. 38-56. Office created independent of other departments. <br /> <br />The office of fire marshal is hereby created. The fire marshal shall report directly to the city <br />manager. <br />(Code 1970, ~ 10-15) <br /> <br />Sec. 38-57. Appointment; qualifications. <br /> <br />The fire marshal shall be appointed by the city manager. The fire marshal shall be properly <br />qualified for the duties of his office and shall be a certified arson investigator and certified <br />peace officer. . <br />(Code 1970, ~ 10-16) <br /> <br />Sec. 38-58. Duty to investigate f"l1"es. <br /> <br />The fire marshal shall investigate the cause, orIgm and circumstances of every fire <br />occurring within this city by which property has been destroyed or damaged and shall <br />especially make investigation as to whether such fire was the result of carelessness or design. <br />(Code 1970, ~ 10-17) <br /> <br />Sec. ~8-59. Taking of testimony gen~~ally. <br /> <br />. The fire marshal, when in his opinion further investigation is necessary, shall take or cause <br />to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to <br />have means of knowledge in relation to the matter under investigation, and shall cause such <br />testimony to be reduced to writing. <br />(Code 1970, ~ 10-18) <br /> <br />Sec. 38-60. Authority to summon witnesses, administer oaths and compel produc- <br />tion of documents. <br /> <br />The fire marshal shall have the power to summon witnesses before him to testify in relation <br />to any matter which is, by the provisions of this article, a subject of inquiry and investigation, <br />and may require the production of any book, papers or documents deemed pertinent thereto. <br />The fire marshal is hereby authorized and empowered to administer oaths and affinnations to <br />any persons appearing as witnesses before him. <br />(Code 1970, ~ 10-19) <br /> <br />Sec. 38-61. Investigations may be private; sequestration of witnesses. <br /> <br />All investigations held by or under the dir~ction of the fire marshal may, in his discr~tion, <br />be private and persons other than those required to be present may be excluded from the place <br />where such investigation is held, and witnesses may be kept separate and apart from each <br />other and not allowed to communicate with each other until they have been examined. <br />(Code 1970, ~ 10-20) <br /> <br />.State law reference-Delegation of the authority of the state fire marshal to local <br />government fire marshal, V.T.e.A;, Government Code ~ 417.009. <br /> <br />CD38:4 <br />
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