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 No. 1688, § I, adopted May 31, 2005, repealed § 34-68 in its entirety.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)