The office of fire marshal is hereby created. Such office shall
be part of the fire department. The fire marshal shall maintain certification
and license as a peace officer from the state commission on law enforcement
officer standards and education. The office may be filled by the fire
chief or by another individual who shall report directly to the fire
chief.
(1999 Code, sec. 42-85)
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 the fire was the result of carelessness or design. Such investigations
shall commence within 24 hours, not including Sunday, of the occurrence
of the fire.
(1999 Code, sec. 42-86)
(a) The
fire marshal, when in his opinion further investigation is necessary,
shall take or cause to be taken the sworn testimony 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
testimony to be reduced to writing.
(b) 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 may require the
production of any book, paper or document deemed pertinent thereto.
(c) The
fire marshal is authorized and empowered to administer oaths and affirmations
to any persons appearing as witnesses before him.
(1999 Code, sec. 42-87)
(a) 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 the investigation
is held.
(b) Witnesses
may be kept separate and apart from each other and not allowed to
communicate with each other until they have been examined.
(1999 Code, sec. 42-88)
If the fire marshal 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 a fire, he shall cause such
person to be lawfully arrested and charged with such offense and shall
furnish to 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.
(1999 Code, sec. 42-89)
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 concerning
any matter under examination, or who is guilty of any contemptuous
conduct during the proceedings of the fire marshal, or during any
investigation or inquiry, after being summoned to give testimony in
relation to any matter under investigation, shall be subject to prosecution
for a class C misdemeanor. It shall be the duty of the fire marshal
to cause all such offenders to be prosecuted.
(1999 Code, sec. 42-90)
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 buildings or premises where any fire has occurred, and other buildings
or premises adjoining or near the same. This authority shall be exercised
only with reason and good discretion and in accordance with applicable
law.
(1999 Code, sec. 42-91)
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 fires and the amount of the loss, which may be determined
by the investigation required by this article.
(1999 Code, sec. 42-94)
The fire marshal, upon complaint of any person having an interest
in any adjacent building or property, or without any complaint, shall
have a right at all reasonable hours, for the purpose of examination,
to enter into and upon all buildings and premises within the city,
in accordance with applicable law. Quarterly, or more often, the fire
marshal shall enter upon and make a thorough examination of all mercantile,
manufacturing and public buildings, together with the premises belonging
thereto.
(1999 Code, sec. 42-92)
Whenever the fire marshal shall find any building or other structure
which is especially subject to fire for lack of repair or due to age
or dilapidated condition or for any other cause, and which may endanger
other buildings or property, or so inhabited that fire would be more
probable, and whenever he shall find:
(1) An
improper or dangerous arrangement of stoves, ranges, furnaces, or
other heating appliances of any kind whatsoever, including chimneys,
flues, and pipes and their connections;
(2) A
dangerous arrangement of lighting devices or systems;
(3) A
dangerous or unlawful storage of explosives, compounds, petroleum,
gasoline, kerosene, dangerous chemicals, vegetable products, ashes,
or combustible, flammable and refuse materials; or
(4) Other
conditions which may be dangerous in character or liable to cause
or promote fire or create conditions dangerous to firefighters or
occupants;
he shall order the same to be removed or remedied, and such
order shall be forthwith complied with by the owner or occupant of
the building or premises.
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(1999 Code, sec. 42-93)
No owner or occupant shall maintain any building or other structure
or premises when:
(1) The
owner or occupant shall keep or maintain an improper arrangement of
a stove, range, furnace, or other heating appliance of any kind whatever,
including chimneys, flues and pipes with which the same may be connected,
so as to be dangerous in the matter of fire, or health, or safety
of persons or property of others;
(2) The
owner or occupant shall keep or maintain any building, other structure
or premises with an improper arrangement of a lighting device or system
or with storage of explosives, petroleum, gasoline, kerosene, chemicals,
vegetable products, ashes, combustibles, flammable materials, refuse
or any other condition which shall be dangerous in character to the
person, health or property of others, or which may promote, cause
or contribute to fire, or which shall create conditions dangerous
to firefighters or occupants of such building, structure or premises
other than the maintainer thereof.
(1999 Code, sec. 42-95)
(a) Any
person violating any of the provisions or terms of this article shall
be deemed guilty of a misdemeanor and, upon conviction, be punished
by a fine not to exceed the sum of $2,000.00 for each offense, and
each and every day such violation shall continue shall be deemed to
constitute a separate offense. Allegation and evidence of a culpable
mental state is not required for proof of any offense defined by this
article.
(b) No
prosecution shall be brought under this section until the order is
given to correct a dangerous condition, and the party notified shall
fail or refuse to comply with the same; provided, however, immediate
action may be taken and a citation issued if the same be in the best
interest of the health, safety and welfare of the public.
(1999 Code, sec. 42-96)
Any owner or occupant aggrieved by such order may, within five
days of the date of the order, file an appeal, in writing, with the
city secretary, specifying, in detail, the nature of the complaint.
The appeal will be submitted to the city council at the earliest practicable
date and [the council shall] cause the same to be investigated. Notwithstanding
the above and the status of the appeal, unless the order is revoked
or suspended pending the investigation, such order shall remain in
force and shall be complied with by the owner or occupant.
(1999 Code, sec. 42-97)