§ 13-23. Fire code amendments.

The 2015 International Fire Code adopted in section 13-21 is hereby amended in the following respects (references are made by number to specific sections of the International Fire Code):

(1)

Section 101.1 of the code is hereby amended to read as follows:

101.1 Title. These regulations shall be known as the Fire Code of the City of Marshall, Texas, hereinafter referred to as "this code."

(2)

Section 103 of the code including Sections 103.1, 103.2, 103.3, 103.4 and 103.4.1, is hereby rewritten in its entirety to read as follows:

SECTION 103 FIRE MARSHAL

103.1 General. The fire marshal of the City of Marshall, Texas, and such other person or persons as shall be designated by the city manager of said city, shall be responsible for the implementation, administration, initial interpretation, and enforcement of the provisions of this code. Any references in this code to the "fire marshal" or to the "code official" shall be construed to refer to the fire marshal of the City of Marshall, Texas, and/or to the aforesaid designee(s).

103.2 Liability. The fire marshal officer or employee charged with the enforcement of this code, while acting for the City of Marshall, Texas, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. The fire marshal and any designee of the city manager, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.

(3)

Section 105.6.31 of the code is hereby rescinded.

(4)

Section 108 of the code, including sections 108.1, 108.2 and 108.3, is hereby rewritten in its entirety to read as follows:

SECTION 108 APPEALS

108.1 General. The Zoning Board of Adjustment and Appeals shall hear and decide appeals of orders, decisions and determinations made by the fire marshal relative to the application and interpretation of this code.

108.2 Definitions. All references to the Fire Code Board of Appeals shall be construed to mean the Zoning Board of Adjustment and Appeals. All references in this code to the board of appeals shall be construed to mean the aforementioned Board.

108.3 Notice of Appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the fire marshal. Appeals shall be in a form acceptable to the fire marshal. During the pendency of the appeal, the ruling of the fire marshal shall be in full force and effect.

(5)

Section 109.3 Insert: Fine not to exceed $2,000.00.

(6)

Section 307 of the code, including sections 307.1, 307.2, 307.2.1, and 307.2.2, is hereby rewritten in its entirety to read as follows:

307.1 General. The fire marshal is authorized to prohibit or to order the extinguishment of any open burning which creates or adds to a hazardous or objectionable situation.

307.2 Authorization. This section does not authorize any open burning that is otherwise prohibited by law, including without limitation any recreational fire prohibited by this code or by state law.

(7)

Section 3301.1.3 of the code is hereby amended to read as follows:

3301.1.3 Fireworks. It shall unlawful for any person to possess, store, sale, sell at retail, or use or explode any fireworks within the corporate limits of the City of Marshall or outside the corporate limits for a distance of five thousand (5,000) feet.

Exception: The use of fireworks for display as permitted in Section 3308, provided that the application is submitted at least ten days in advance of the date of the display.

(Ord. No. O-17-23, § III, 12-14-2017)