The position of fire investigator is hereby created. Any reference
to “fire marshal” in the Code of Ordinances shall hereafter
mean fire investigator.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.106)
The fire investigator shall be appointed by the chief of police.
The fire investigator shall be properly qualified for the duties of
his position.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.107)
The fire investigator shall investigate the cause, origin, and
circumstances of every fire occurring within the city by which property
has been destroyed or damaged, and shall especially make investigation
as to whether such fire was the result of carelessness or design.
Such investigation shall be commenced within twenty-four (24) hours,
not including Sunday, of the occurrence of such fire. The fire investigator
shall also be responsible for the enforcement of fireworks, outdoor
burning and fire lane regulations of the city.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.108)
The fire investigator, when in his opinion further investigation
is necessary, shall take or cause to be taken the testimony, on oath,
of all persons supposed to be cognizant of any facts or to have means
of knowledge in relation to the matter under investigation, and shall
cause the same to be reduced to writing.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.109)
The fire investigator shall have the power to summon witnesses
before him to testify in relation to any matter which is, by the provisions
of this article, a subject of inquiry and investigation, and may require
the production of any book, paper, or document deemed pertinent thereto.
The fire investigator is hereby authorized and empowered to administer
oaths and affirmations to any persons appearing as witnesses before
him.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.110)
All investigations held by or under the direction of the fire
investigator may, in his discretion, be private, and persons other
than those required to be present may be excluded from the place where
such investigation is held, and witnesses may be kept separate and
apart from each other and not allowed to communicate with each other
until they have been examined.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.111)
If the fire investigator shall be of the opinion that there
is evidence sufficient to charge any person with the crime of arson
or with the attempt to commit the crime of arson, or of conspiracy
to defraud, or criminal conduct, in connection with any fire, he shall
cause such person to be lawfully arrested and charged with such offense,
or either of them, and shall furnish the proper prosecuting attorney
all such evidence, together with the names of witnesses and all of
the information obtained by him, including a copy of all pertinent
and material testimony taken in the case.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.112)
Any witness who refuses to be sworn, or who refuses to appear
and testify, or who disobeys any lawful order of the fire investigator,
or who fails or refuses to produce any book, paper, or document touching
any matter under examination, or who is guilty of any contemptuous
conduct during any of the proceedings of the fire investigator in
the matter of such investigation or inquiry, after being summoned
to give testimony in relation to any matter under investigation as
aforesaid, shall be deemed guilty of a misdemeanor, and it shall be
the duty of the fire investigator to cause all such offenders to be
prosecuted.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.113)
The fire investigator shall have the authority, at all times
of the day and night, when necessary in the performance of the duties
imposed upon him by the provisions of this article, to enter upon
and examine any building or premises where any fire has occurred,
and other buildings and premises adjoining or near the same, which
authority shall be exercised only with good reason and good discretion.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.115)
At the end of each month, the fire investigator shall report
to the city council and to the state fire marshal all existing hazardous
conditions, together with separate report on each fire in the city
during the month.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.116)
The fire investigator shall keep in his office a record of all
fires, together with all facts, statistics, and circumstances, including
the origin of the fires and the amount of the loss, which may be determined
by the investigation required by this article.
(Ordinance 09-75, sec. 4, adopted 12/15/09; 2001 Code, sec. 5.117)
