The office of fire marshal shall continue and be independent
of other city departments, except that the fire marshal shall report
directly to the chief of the fire department.
(Ordinance 129, sec. 1, adopted 11/15/1915; Ordinance 2034, sec. 1, adopted 9/27/1956; 1959 Code, sec. 12-11; 1983 Code, sec. 11-31)
The fire marshal shall be recommended by the chief of the fire
department and appointed by the city manager. The fire marshal shall
be properly qualified for the duties of such office. If the person
appointed hereunder is otherwise employed by the city and is to continue
in such employment, performing the duties of fire marshal in addition
to such continued employment, he shall receive such additional compensation
for performing the duties of fire marshal as may be provided by the
city council..
(Ordinance 129, sec. 1, adopted 11/15/1915; Ordinance 2034, sec. 2, adopted 9/27/1956; 1959 Code, sec. 12-12; 1983 Code, sec. 11-32; Ordinance 2011-O0036, sec. 9, adopted 4/14/2011)
The fire marshal shall have the right, at all reasonable hours,
to enter into and upon all buildings and premises within the city
for the purpose of conducting any examination required or authorized
by this article.
(Ordinance 129, sec. 8, adopted 11/15/1915; 1959 Code, sec. 12-18; 1983 Code, sec. 11-38)
The fire marshal shall have the authority at all times of day
or 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 reason and discretion.
(Ordinance 129, sec. 7, adopted 11/15/1915; 1959 Code, sec. 12-19; 1983 Code, sec. 11-39)
The fire marshal 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 an intentional or unintentional
act or that said fire’s origin cannot be determined. Such investigation
shall be commenced within twenty- four (24) hours of the occurrence
of such fire. The fire marshal shall keep in his office a record of
all fires, together with all facts, statistics and circumstances,
including the origin of the fire and the amount of loss, which may
be determined by his investigation.
(Ordinance 129, sec. 2, adopted 11/15/1915; 1959 Code, sec. 12-13; 1983 Code, sec. 11-33; Ordinance
2011-O0036, sec. 10, adopted 4/14/2011)
The fire marshal, when in his opinion further investigation
is necessary, shall take or cause to be taken the testimony on oath
of all persons purportedly cognizant of any facts or having means
of knowledge in relation to the matter under investigation, and shall
cause the same to be reduced to writing. If the marshal is of the
opinion that there is evidence sufficient to charge any person with
the crime of arson, or with an attempt to commit the crime of arson,
or of conspiracy to defraud, or criminal conduct in connection with
such fire, he shall cause such person to be lawfully arrested and
charged with such offense, or either of them, and shall furnish to
the proper prosecuting attorney all such evidence, together with the
names of the witnesses and all the information obtained by him, including
a copy of all pertinent and material testimony taken in the case.
(Ordinance 129, sec. 3, adopted 11/15/1915; 1959 Code, sec. 12-14; 1983 Code, sec. 11-34)
The fire marshal 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 he may
require the production of any book, paper or document deemed pertinent
thereto. The fire marshal is authorized and empowered to administer
oaths and affirmations to any persons appearing as witnesses before
him.
(Ordinance 129, sec. 4, adopted 11/15/1915; 1959 Code, sec. 12-15; 1983 Code, sec. 11-35)
Any witness who refuses to be sworn, or who refuses to appear
or testify, or who disobeys any lawful order of the fire marshal,
or who fails or refuses to produce any book, paper or document touching
any matter under investigation, or who is guilty of any contemptuous
conduct during any of the proceedings of the fire marshal in the matter
of the investigation or inquiry, after being summoned to give testimony
in relation to any matter under investigation, shall be deemed guilty
of a misdemeanor, and it shall be the duty of the fire marshal to
cause such offender to be prosecuted.
(Ordinance 129, sec. 5, adopted 11/15/1915; 1959 Code, sec. 12-16; 1983 Code, sec. 11-36)
All investigations held by or under the direction of the fire
marshal 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 129, sec. 6, adopted 11/15/1915; 1959 Code, sec. 12-17; 1983 Code, sec. 11-37)
