The office of the fire marshal is hereby created. Such office
shall be filled by appointment of the fire chief. The fire marshal
shall be properly qualified for the duties of his office and shall
be removed only by the fire chief and shall be removed only for cause.
(Code 1974, § 6-40; Ordinance 1109, § 6, 4-13-93)
The fire marshal, with the advice and consent of the fire chief,
may designate in writing the building inspector or any full-time employee
of the fire department as ex officio fire marshal and assistant to
the fire marshal for the purpose of enforcing this article. Such ex
officio designation may be terminated at will by the fire marshal
with the consent of the fire chief.
(Code 1974, § 6-41)
[1]
Editor’s note–Ord. No. 1688, § I, adopted
May 31, 2005, repealed § 34-68 in its entirety. Former §
34-68 pertained to investigating fires; records and derived from Code
1974, § 6-42.
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 supposed to be cognizant of any facts or to have means
of knowledge in relation to the matter under investigation, and shall
cause such testimony to be reduced to writing, and, if he 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 such fire, he shall cause such person to be lawfully arrested
and charged with any 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.
(Code 1974, § 6-43)
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.
The fire marshal is hereby authorized and empowered to administer
oaths and affirmations to any persons appearing as witnesses before
him.
(Code 1974, § 6-44)
Any witnesses who refuse to be sworn, or who refuse to appear
or testify, or who disobey any lawful order of the fire marshal, or
who fail or refuse to produce any book, paper or document touching
any matter under examination, or who are guilty of any contemptuous
conduct during any of the proceedings of the fire marshal 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 marshal to cause all such offenders to be prosecuted.
(Code 1974, § 6-45)
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.
(Code 1974, § 6-46)
[1]
Editor’s note–Ord. No. 1688, § I, adopted
May 31, 2005, repealed § 34-73 in its entirety. Former §
34-73 pertained to right of entry and derived from Code 1974, §
6-47.
[1]
Editor’s note–Ord. No. 1688, § I, adopted
May 31, 2005, repealed § 34-74 in its entirety. Former §
34-74 pertained to inspection on complaint or periodically; appeals
from orders; reports to state fire marshal and derived from Code 1974,
§ 6-48.
The fire marshal shall have authority to establish certain policy
guidelines or standards regulating various provisions of the fire
code adopted in this chapter that are subject to the standardization
of construction methods and/or local interpretation. The fire marshal
shall have the authority to outline conditions for the installation
and testing of fire protection equipment and appliances and provide
for code consistency to rules, regulations, or laws with county, state
or federal agencies. Copies of these policy statements and interpretations
are on file with the city secretary.
(Ordinance 1088, § II, 8-25-92)
