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Texas Annotated Statutes
LOCAL GOVERNMENT CODE
TITLE 11. PUBLIC SAFETY
SUBTITLE B. COUNTY PUBLIC SAFETY
CHAPTER 352. COUNTY FIRE PROTECTION
SUBCHAPTER B. COUNTY FIRE MARSHAL
Date:
08/31/2009
Document:
§ 352.016. Inspection or Review of Plan for Fire or Life Safety Hazards.
(a) In this section, "fire or life safety hazard" means any condition that endangers the safety of a structure or its occupants and promotes or causes fire or combustion, including:
(1) the presence of a flammable substance;
(2) a dangerous or dilapidated wall, ceiling, or other structural element;
(3) improper electrical components, heating, or other building services or facilities;
(4) the presence of a dangerous chimney, flue, pipe, main, or stove, or of dangerous wiring;
(5) dangerous storage, including storage or use of hazardous substances; or
(6) inappropriate means of egress, fire protection, or other fire-related safeguard.
(b) In the interest of safety and fire prevention, the county fire marshal may inspect for fire or life safety hazards any structure, appurtenance, fixture, or real property located within 500 feet of a structure, appurtenance, or fixture. The marshal shall inspect a structure for fire or life safety hazards if called on to do so. In the absence of a county fire code, the county fire marshal may conduct an inspection using any nationally recognized code or standard adopted by the state. If the marshal determines the presence of a fire or life safety hazard, the marshal may order the owner or occupant of the premises to correct the hazardous situation. If ordered to do so, an owner or occupant shall correct the hazardous situation in accordance with the order.
(b-1) In the interest of safety and fire prevention, the county fire marshal shall, if required, and may, if requested, review the plans of a business, single-family residence, multi-family dwelling, or commercial property for fire or life safety hazards.
(c) The commissioners court by order may authorize the county fire marshal to charge a fee to the owner of a business, a multi-family dwelling, or commercial property for a plan review or inspection conducted under this section in a reasonable amount determined by the commissioners court to cover the cost of the plan review or inspection.
(d) The commissioners court by order may authorize the county fire marshal to charge a fee to the owner of a single-family residence for a plan review or inspection conducted under this section in a reasonable amount determined by the commissioners court to cover the cost of the plan review or inspection, if the plan review or inspection is requested by the owner of the property.
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