,, _. ,, _, _, . , ._ ~ _ COMMISSIONERS' COURT AGENDA REQUEST -~ • pl EASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REOLIEST AND DOCUMENTS TO E REVIEW -D BY THE .0 ART MADE BY: ~~fl~(.11r?r.'7c'lI OFFICE: MEETING DATE: ~ ~'7 1/ ~~~;~ TIME PREFERRED: '~ %%~!~' SUBJECT: (PLEASE BE SPECIFIC): / 1 <- EXECUTIVE SESSION REQUESTED: PLEASE STATE REASON ESTIMATED LENGTH OF PRESENTATION: ~~ /~~ ~'(~ IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: l/f~/I/~ t/ !_~l /r7r°>~r~/J Time for submitting this request for Court to assure that the matter is posted in accordance with Article 6252-17 is as follows: • Meetings held on~Tuesyd-ay: 12:00 P.~M.~p/r-~evious Wednesday /per ~ ,,n ~~CvC'~f2 ~ ~cr,,,41.,.v~a.cev-'+- ~y"~`w~'`v`' ~~G i~R~u`u ~+^o~e~,v~ta~aJ~. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Offtce to determine 1f adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation w111 be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Guidelines. HOW KERR COUNTY COULD BENEFIT FROM A FIRE MARSHAL Dear Sirs: My name is Danny Wooten and I would like to take this opportunity to tell you how a County Fire Marshal would benefit Kerr County and how I would be a good applicant. First, here are the laws that allow us to do this: V. A. C. S. 352.011 CREATION OF OFFICE: The commissioners court of a county may establish the office of County Fire Marshal and provide office facilities, equipment, transportation, assistants, and professional services for that office. V. A. C. S. 352.012 QUALIFICATIONS FOR OFFICE: A. To qualify for office, the County Fire Marshal must take the oath prescribed by the constitution of this state and post a bond as required by the Commissioners Court conditioned that the marshal will faithfully and strictly perform the duties of the office. B. The County Fire Marshal may not be directly or indirectly interested in the sale of firefighting equipment and may not be engaged in any type of fire insurance business. V. A. C. S. INVESTIGATION OF FIRES: A. The County Fire Marshal shall: 1. Investigate the cause, origin, and circumstances of each fire that occurs within the county but outside the municipalities in the county and that destroys or damages property; and 2. Determine whether the fire was the result of negligent or intentional conduct. B. The County Fire Marshal shall begin this investigation within twenty-four hours after the receipt of information regarding a fire. The twenty-four hour period does not include a Sunday. C. In the performance of official duties, the County Fire Marshal, at any time of day, may enter and examine a structure where a fire has occurred and may examine adjacent premises. The Marshal shall conduct this in a manner designed to impose the least inconveniences to any persons living in the building. V. A. C. S. 352.014 RECORD OF INVESTIGATION: A. The County Fire Marshal shall keep a record of each fire - 1 - that the Marshal is required to investigate. The record must include the facts, statistics, and circumstances determined by the investigation, including the origin of the fire and the estimated amount of loss. B. The County Fire Marshal shall keep the record in the Marshal's office. The record must be in a legible, permanent form that is at all times accessible and open for inspection. V. A. C. S. 352.015 ARSON INVESTIGATION: A. If the County Fire Marshal determines that further investigation of a fire or of an attempt to set a fire is necessary, the Marshal may: 1. Subpoena a witness to testify 2. Administer oaths to the witness 3. Take and pressure written statements, affidavits, and Depositions 4. Require the production of an instrument that is pertinent to the investigation B. The County Fire Marshal shall file in a court of competent jurisdiction, a complaint charging Arson, Attempted Arson, Conspiracy to Defraud, or any other crime against a person the Marshal believes to be guilty. C. The County Fire Marshal shall file under Section 352.021 in a court of competent jurisdiction against a witness who refuses to cooperate with the investigation. V. A. C. S. 352.016 INSPECTION FOR FIRE HAZARDS: A. In this section, "Fire Hazard" means any of the following conditions that endanger the safety of a structure or its occupants and promote or cause fire or combustion: 1. The presence of a flammable substance 2. A dangerous or dilapidated wall, ceiling, or other structural element 3. Improper lighting, heating, or other facilities 4. The presence of a dangerous chimney, flue, pipe, main, or stove, or of dangerous wiring; or 5. Dangerous storage B. In the interest of safety and fire prevention, the County Fire Marshal may inspect any structure for fire hazards if called on to do so. If the Marshal determines the presence of a fire hazard, the Marshal may order the owner or occupant of the premises to correct the hazardous situation. V. A. C. S. 352.017 PRIVACY OF EXAMINATION: SERVICE OF PROCESS: A. In a preceding under this sub-chapter, the County Fire Marshal may: 1. Conduct an investigation or examination in private - 2 - 2. Include a person who is not under examination in private 3. Separate witnesses from each other until each witness is examined B. Service of process required by this sub-chapter shall be made by the County Fire Marshal. V. A. C. S. 352.018 EFFECT ON CIVIL ACTIONS: A. An action taken by a County Fire Marshal in the investiga- tion of a fire does not affect the rights of a policy holder or of any company regarding a loss caused by the fire. B. The result of an investigation by the County Fire Marshal of a fire may not be admitted in evidence in the trial of a civil action brought under the insurance policy. C. The Statement of an insurance company's officers, agents, or adjusters, or of a policy holder or the policy holder's representative, that is made to the County Fire Marshal or his representative with respect to the origin or cause or supposed origin or cause of the fire may not be admitted in evidence in or made the basis of a civil action or damages. U. A. C. S. 352.019 COOPERATION WITH OTHER FIRE PROTECTION AGENCIES: A. The County Fire Marshal shall enforce all state and county regulations that relate to fires, explosions, or damages of any kind caused by a fire or explosion. B. The County Fire Marshal shall coordinate the work of the various fire-fighting and fire prevention units in the County. C. The County Fire Marshal may not enforce orders and decrees within a municipality in the county and may act in a coop- erative and advisory capacity there only on request. D. The County Fire Marshal shall cooperate with the State Fire Marshal to conduct fire prevetion and fire-fighting activities or post fire investigations. The County Fire Marshal shall aid or conduct an investigation in a munici- pality if requested by the State Fire Marshal, the munici- pality of the fire chief of the municipality. V. A. C. S. 352.020 LIABILITY: The County Fire Marshal and the assistants and employees of the office are not liable in damages for any acts or commissions in the performance of their duties except in cases of gross negligence or willful malfeasance. - 3 - If Kerr County had a County Fire Marshal, he could conduct the Fire Prevention Education in Public School Programs. The Texas Department of Insurance gives a reduction in fire insurance rates to Texas Schools when fire prevention is taught according to minimum requirements. A five-cent reduction may be given in the published rate of school buildings and contents. SECTION 352.016 LEGAL GOVERNMENT CODE: The Commissioners Court by order may authorize the County Fire Marshal to charge a fee to a person requesting a fire inspection under this section in a reasonable amount determined by the Commissioners Court to cover the costs of the inspection. Earl Jones, Deputy Fire Marsahl's office, told me that intheir office they charge $50.00 per hour. But the average amount runs about $20.00. Bexar County receives about $45,000.00 a year in fire inspections. The State Fireman's and Fire Marshal's Association Certification Program has undergone tremendous changes this past year. Just for example, the newly revised Certification Program which includes testing became effective January 1, 1993. A "Training Facilities Check-Off" was developed and adopted. This one time requested approval will help ensure facilities and equipment are available. The Fire Marshal Certification Program was revised and is effective January 1, 1994. A new level of Certification was adopted, "Fire Fighters Essentials". Certification and entry level certification will ensure firefighter training up to NFDA 1403 standard. The SFFMA Certification program was recognized by the commission and by law with passage of SB 1110. The County Fire Marshal can help Coordinate training with all Volunteer Fire Departments in the county and maintain the IFSTA training manuals in his office. Cost for each set of manuals is $600.00. The County Fire Marshal could help the local Volunteer Fire Departments in acquiring grants, loans, and work closly with the District Fire Commissioners. The Texas Forest Service offers: - 4 - RURAL COMMUNITY FIRE PROTECTION: The program provides cost-shares for trucks, slip-on pump units, dry hydrants, and county wide communication systems. FEDERAL EXCESS PERSONAL PROPERTY: Through this program, excess military equipment is made available to rural departments for fire suppression activities. FIRE SAFE: Protective clothing and wild land fire equipment is purchased in bulk and sold to rural departments at a discount. In addition to equipment, the Texas Forest Service offers several training courses free of charge. These courses are certified by the Texas Fireman's and Fire Marshal's Association and the Texas Commission of Fire Protection. THE TEXAS COMMISSION ON FIRE PROTECTION: The Commission has awarded nearly 1.5 million dollars since the Fire Department Emergency Program began in 1992. Almost one-third of the money has been used to purchase protective equipment, including 650 sets of bunker gear, 225 SCBA units, and almost 100 spare bottles. Nearly $15,000.00 has been awarded to train 44 Fire Fighters. Fire Departments have also used grants to purchase hoses, nozzles, hand-held radios, flashlights and other spare equipment. Communities have used low-interest loans to purchase more than 20 fire-fighting vehicles. Four communities have received loans for fire station construction or renovation. Since 1992, communities receiving grants and loans from the commission have contributed almost $700,000.00 in matching funds. In the 1993 legislative session, Texas law makers allocated approximately 1.4 million dollars for the 1994-1995 biennium to the commission's Fire Emergency Program. The legislature specified that the commission must award half of the money in grants and the other half in loans and must split the money equally between municipalities and rural or unincorporated areas. If Kerr County had a Fire Marshal, he could update the key rate analysis for Center Point & Ingram. On August 24, 1994, I contacted the Texas Department of Insurance to get information on the key rates in the County. Ingram's analysis was $.98. The analysis was performed back when the population was 600. - 5 - The Texas Department of Insurance didn't have documentation on the fact that Ingram had a Fire District. A Fire District could give commercial properties a .08 point reduction in the key rate. The Department of Insurance didn't recognize Ingram as incorporated. Center Point's Analysis was updated in 1987 and still had a .98 key rating. These analysis not only concerns the people in Center Point and Ingram, but could effect everyone within a five mile radius of the cities within the county. The Texas Department of Insurance does not recognize the Fire Departments or the Water Works, I will attach the analysis so you can see how we can benefit from acting on this as soon as possible. The credits you get from having a County Fire Marshal would be .03. That means that if a person has a $60,000.00 home, his insurance would run about $595.00 per year. With the Fire Marshal credit of .03, you would save about $18.00 per year and make his insurance about $580.00. There are other areas in the analysis that we need to look at, If you figure just $18.00 per household, we are talking about a lot of money. (Reference: Ike Williams, Texas Department of Insurance, 1110 San Jacinto Slvd, Austin, Texas 78786, (512) 463-6169) As you can see, there are dollars out there. We need someone to devote time and energy to apply for it. The County Fire Marshal could work as a liaison officer between the Commissioners Court and the Volunteer Eire Departments. With some hard work, the position could possibly equal or pass the expenses through grants, low interest loans, inspection fees, reduction in insurance fees for the schools and just being the liaison officer will help. The County Fire Marshal would be one more law enforcement officer on the streets. That would allow the investigators for the Sheriffs Department to handle other cases instead of fire and arson. The County Fire Marshal could be housed, commissionedr and bonded through the sheriffs office. I really enjoy living in Kerr County and enjoy working in the field of Fire Prevention and Investigation and this would allow me to do both. I have lived in Kerr County for nineteen years and have gotten to know many people, I know most of the Volunteer Fireman in the county and have worked with them in the past with good results. - 6 - I started to work with the Kerrville Fire Department in March of 1985, and have attended many schools in the firefighting field. About three years ago, I decided to get into the fire prevention and investigation field. I have obtained all of the classes to become state certified as a fire investigator, plus an advanced arson school at the Bureau of Alcohol, Tobacco and Firearms National Academy in Glynco, Georgia. 2 have attached a list of the courses I have attended. I am an active member of the South Central Arson Investigators Association. I have been working as an investigator with the Kerrville Fire Marshal's office for over a year now and have worked with Rusty Heirholzer and Brad Alford on some cases. We know that all of this sounds pretty good, but everything now days comes down to the bottom dollar. If I could afford to do so, I would volunteer my services, but that is not possible. 2 work one day on duty and two days off with the Kerrville Fire Department. On the days off, 2 would be on call twenty-four hours a day, and work in the office during normal working hours. You would get a minimum of thirty hours a week from me. I would furnish transportation, a 1990 Dodge Pick-up. I would furnish clothing, and a pager. The Sheriff and I could probably work something out for a radio for my truck. And hopefully, the sheriff has a spare desk in a corner at the Court House. There will be some office expenses. I would need a salary of about $10,000.00 a year. Thank you for your time and 2 very much hope we can work something out. Danny Wooten P.O. Box 497 Center Point, Texas 78010 work # 869-5333 Home # 634-2051 - 7 - FIRE SCHOOLS DATE COURSE DEPARTMENT 6/85 Radiological Monitoring Texas Dept. of Health 10/85 Explosive & Bomb Threat U. S. Army E.D.D. Training 3/86 Texas Fire Fighter Cert. Kerrville Fire Department 5/86 Fire Protection-Rescue Texas A & M 7/86 Fire Service Rescue School Texas A & M 5/87 Fire Protection-Rapelling Texas A & M 10/87 Radiological Officer Texas Dept. of Health 3/88 Swift Water Rescue Tech-I Rescue 3 3/88 Swift Water Rescue Tech-II Rescue 3 5/88 Preparedness Planning for a Federal Emer- Nuclear Crisis gency Manage- ment Agency 5/88 Radiological Monitor Texas Dept. of Instructing Health 6/88 Radiological Response Team Texas Dept. of Health 11/89 The Emergency Program Federal Emerg- Manager ency Manage- ment Agency 10/90 Helicopters in Aquatic Rescue 3 Inter- Rescue Training national 7/91 Firefighting III Texas A & M 8/91 Swift Water Technician II Rescue 3 Instructor - $ - 12/91 Fire Prevention 4/92 Basic Reserve Peace Officer 7/92 Emergency Care Attendant 8/92 Helicopter in Aquatic Rescue Training 9/92 Intermediate Rescue Peace Officer 12/92 4/93 7/93 12/93 2/94 Fire Prevention Advanced Reserve Peace Officer Basic Fire & Arson Certification Texas A & M Alamo Area Law Enforcement Academy Texas Dept. of Health Rescue 3 Alamo Area Law Enforcement Academy Texas A & M Alamo Area Law Enforcement Academy Bexar County Fire Marshal's Office Texas Fire Service Conference Texas A & M Incident Command System National Fire 3/94 Texas Fire and Arson Investigator 4/94 Tactical Driving 5/94 Advanced Arson for Profit 6/94 Family Violence 8/94 Texas Fire Investigator Certification Academy Texas A & M Alamo Area Law Enforcement Academy Bureau of Alcohol Tobacco and Fire- arms National Academy Alamo Area Law Enforcement Academy Texas Commis- sion on Fire Protection - 9 - CERTIFICATES OF RECOGNITION 1987 - Firefighter of the Year - City of Kerrville 1990 - Perfect Attendance - City of Kerrville 1991 - Perfect Attendance - City of Kerrville 1992 - Perfect Attendance - City of Kerrville 1993 - Meritor Service - Texas Department of Health 1994 - Garland Fulbright Scholarship - A Texas Advisory Council on Arson CERTIFICATIONS Texas Firefighter - 1986 Radiological Monitor Instructor - 1988 Swift water Rescue Instructor- 1991 Texas Peace Officer - 1993 Texas Fire Investigator - 1994 - 10 - REFERENCES Earl Jones Bexar County Fire Marshal Chief Deputy Fire Marshal 203 West Nueva San Antonio, Texas (210)978-0300 Rusty Heirholzer Kerr County Sheriff's Office Brad Alford Kerr County Sheriff's Officer Arthur Verona Texas Fire Commission P.O. Box 2286 Austin, Texas 78768-2286 Rowan Zachry Ingram City Marshal 409 Highway 27 West Ingram, Texas 78025 367-5115 Johnny Fitzgerald Captain Fire Department 896-5333 Keith Spenrath Kerrville Fire Marshal 212 A Street Kerrville, Texas 78028 (210) 896-8449 - 11 - ~~s.:t ni 15:iu $512 ~-~ ad28 TDI PROP-CdS ~GII? uu1 EFFEGTIYE FEBRUARY 1, 1987 SUPPLEMENT N0. 3 TO ANALYSIS OF KEY RATE OF CENTER POINT (U) Kerr County, Texas ESTIMATED POPULATION 2,162 CHARGES 1. WATERWORKS (a) None can be recognized -=-------------------- $ .50 7. FIRE DEPARTMENT (a) None can be recognized ----------------- .30 10. BUILDING LAWS (a) None --- ------------------------------------ .07 11. STREETS (c) Over 40% of streets in mercantile district less than 70 fee t wi de---------------------------------- .02 12. ALLEYS None ---------- ---- ------------------•---•------------- .02 13. FIRE MARHSAL None --- ---- ------------------------------------ .03 14. CONFLAGRATION Hazards (a) Overhead wires in mercantile. •O1 district ------- ---- ------------------------------------ (c) Frame ranges in mercantile district ---------------- .02 (d) Over 75% of roof s woad shingle --------------------- .04 TOTAL CHARGES -------- 1.01 CREDITS 22. METHODS OF FIRE PREYENTIOk AND PRINCIPLES OF FIRE INSURANCE Taught in aTl Public Schools ------------ 3% TOTAL CREDITS ---- 3% ~=•03 KEY RATE --------- $ .48 CHANGES (RS) 10. -.Ol Correction -.03 13. +.0: TCh. -.O1 TCr. D%, -0- KR. -.O1 ii8:2d~nd 17:5 $512 722 7428 TDI PRiiP-CdS ~U112 un8 ANALYSSS OF FiEY RATE OP II:V GRAiVi FERR COUNTY, TEtAS POPITLATTON 606 CHARGES J. WATER ~','ORKS: (a) Nvae ~...._.....__........ b .50 ]. FIRE DEPAATnIENT: (p) Non< _.---.---..-~----~------ .30 10. SUILDJNO LAW: (a) None __..__--.---_-.•--.----_---- .07 ~ J1. STkEBT5: (v7 40,0 of atrem in mavavei:e dieeriet less than 70 -- feet wide .--.-~- .-.,. ---.__. __ .03 J2. ALLEYS: NoGe _.._._.___.-_...__.__.._~~..-..._._._-... .0. 1J- F[RE a7AR5HAL; Novc ____._-_....... ___-__._.._._._........ .03 i4. CO NFLAORATTON HAZARDS: (s) Oxerhad wc.e in mercav. tilt aiaeriet ~.. •Ol (c) Frem. ranges :n mercantile diserlee -... ~-~----. .02 (d) Over 75 m of rvaE. wood ehivgk --..-.---_......--~..-..- .fN Tvlel Chsr¢ee.-.....-_...--J-o1 CREDITS: 22. biETEODS OF FIRE PREVENTION AND PRINCIPLES OF FIRE INSURANCE: Taught in >ll Puhlic Schovb-3 76= .gJ Kep Rate .. _ ...-- -... $ .98 68; 2-1. 9-1 1-I: ^2 '$512 " 7-128 TUI PROPS C:~S SIIAVEY Or ~i00D 5°r""~ &OOTg Citp of f~juu8 uu5 Month and Yeas F re C ie F re MdZ9 d of er Committeeman The fire chief, the fire marshal (if anvl and one other committeeman shall make an actual count of all roofs of non-commercial structures. A roof which is part wood shingle and part otherwise shall count as wood shingle. 'treated woad shingles still count as woad shingles. Include all residences, garages, Darns, etc., in this survey.