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.
(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)