Tex. Local Gov't Code Section 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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 358, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 760, Sec. 1, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 851, Sec. 1, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 371, Sec. 1, eff. Sept. 1, 2003.

Source: Section 352.016 — Inspection or Review of Plan for Fire or Life Safety Hazards, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­352.­htm#352.­016 (accessed Jun. 5, 2024).

352.001
Fire Protection of County Residents
352.002
Use of Surplus or Salvage Property by Volunteer Fire Department
352.003
Fire Protection in Certain Counties
352.004
Agency
352.005
Contractual Provision of Fire-fighting Equipment or Services
352.006
Sale of Used Fire Protection or Fire-fighting Equipment to Certain Volunteer Fire Departments
352.011
Creation of Office
352.012
Qualifications for Office
352.013
Investigation of Fires
352.014
Record of Investigation
352.015
Arson Investigation
352.016
Inspection or Review of Plan for Fire or Life Safety Hazards
352.017
Privacy of Examinations
352.018
Effect on Civil Actions
352.019
Cooperation with Other Fire Protection Agencies
352.020
Liability
352.021
Contempt of Fire Investigation Proceedings
352.022
Penalty for Failure to Comply with Order
352.023
Exemption
352.051
Regulation of Restricted Fireworks
352.081
Regulation of Outdoor Burning
352.082
Outdoor Burning of Household Refuse in Certain Residential Areas
352.111
Gated Community or Housing Project Subject to Subchapter
352.112
Definitions
352.113
County Authority to Regulate Vehicular or Pedestrian Gates to Gated Communities and Multi-unit Housing Projects
352.114
Lockbox Requirements
352.115
Additional Accessibility Requirements
352.116
Building Identification
352.117
County Authority to Require Permit
352.118
Suspension or Revocation of License
352.119
Limitation on Specific County Standards
352.120
Offense
352.0165
Inspection of Group Homes in Certain Counties
352.1145
Siren-operated Sensor Systems for Electric Gates

Accessed:
Jun. 5, 2024

§ 352.016’s source at texas​.gov