The office of fire marshal is hereby created in and for the
city.
(1973 Code, sec. 11-17; 1991 Code,
sec. 11-61; 2007 Code, sec. 18-61)
The office of the fire marshal shall operate as a unit within
the fire department, with the fire marshal reporting directly to the
fire chief.
(1973 Code, sec. 11-18; 1991 Code,
sec. 11-62; Ordinance 12-712, sec.
2, adopted 1/10/13; 2007 Code,
sec. 18-62)
The person appointed fire marshal shall be properly qualified
for the duties of his office in accordance with recognized standards.
(1973 Code, sec. 11-20; 1991 Code,
sec. 11-63; 2007 Code, sec. 18-63)
The fire marshal shall receive a salary to be determined by
the city council.
(1973 Code, sec. 11-22; 1991 Code,
sec. 11-65; 2007 Code, sec. 18-64)
The fire marshal shall investigate the cause, origin and circumstances
of every fire occurring within this city by which property has been
destroyed or damaged, and shall especially make investigation as to
whether such fire was the result of carelessness or design. Such investigation
shall be begun within 24 hours, not including Sunday, of the occurrence
of such fire.
(1973 Code, sec. 11-23; 1991 Code,
sec. 11-66; 2007 Code, sec. 18-65)
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 the same to be reduced to writing.
(1973 Code, sec. 11-24; 1991 Code,
sec. 11-67; 2007 Code, sec. 18-66)
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 subject to 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.
(1973 Code, sec. 11-25; 1991 Code,
sec. 11-68; 2007 Code, sec. 18-67)
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.
(1973 Code, sec. 11-26; 1991 Code,
sec. 11-69; 2007 Code, sec. 18-68)
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 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 witnesses and all of
the information obtained by him, including a copy of all pertinent
and material testimony taken in the case.
(1973 Code, sec. 11-27; 1991 Code,
sec. 11-70; 2007 Code, sec. 18-69)
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 examination, or who is 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. It shall be the duty of the fire
marshal to cause all such offenders to be prosecuted.
(1973 Code, sec. 11-28; 1991 Code,
sec. 11-71; 2007 Code, sec. 18-70)
The fire marshal shall have the authority at all times of the
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 good discretion.
(1973 Code, sec. 11-29; 1991 Code,
sec. 11-72; 2007 Code, sec. 18-71)
The fire marshal, upon complaint of any person having interest
in any building or property adjacent, and without any complaint, shall
have the right at all reasonable hours, for the purpose of examination,
to enter into and upon all buildings and premises within the city.
It shall be his duty, monthly or more often, to enter upon and make,
or cause to be entered and made, a thorough examination of all mercantile,
manufacturing and public buildings, together with the premises belonging
thereto.
(1973 Code, sec. 11-30; 1991 Code,
sec. 11-73; 2007 Code, sec. 18-72)
Whenever the fire marshal shall find any building or other structure
which, for want of repair, or by reason of age or dilapidated condition,
or for any cause, is especially liable to fire, and which is so situated
as to endanger other buildings or property, or so occupied that fire
would endanger persons or property therein, and whenever he shall
find an improper or dangerous arrangement of stoves, ranges, furnaces
or other heating appliances of any kind whatsoever, including chimneys,
flues and pipes with which the same may be connected, or a dangerous
arrangement of lighting devices or systems, or a dangerous or unlawful
storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous
chemicals, vegetable products, ashes or combustible, inflammable and
refuse materials, or other conditions which may be dangerous in character
or liable to cause or promote fire or create conditions dangerous
to the firemen 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 such building or premises. If the owner or occupant
deems himself aggrieved by such order, he may, within five days, appeal
to the city manager, who shall investigate the cause of the complaint,
and unless by his authority the order is revoked within 14 days, such
order shall remain in force and be forthwith complied with by such
owner or occupant.
(1973 Code, sec. 11-31; 1991 Code,
sec. 11-74; 2007 Code, sec. 18-73)
The fire marshal shall keep in his office a record of all fires
occurring within the city, together with all facts, statistics and
circumstances, including the origin of the fires and the amount of
loss, which may be determined by the investigation required by this
article.
(1973 Code, sec. 11-32; 1991 Code,
sec. 11-75; 2007 Code, sec. 18-74)
The fire marshal shall answer fire alarms and be present at
all fires within the city whenever possible and practical.
(1973 Code, sec. 11-33; 1991 Code,
sec. 11-76; 2007 Code, sec. 18-75)
At the end of each month, the fire marshal shall report to the
state fire marshal, with copies to the city manager and city council,
all existing hazardous conditions, together with separate reports
on each fire in the city during the month.
(1973 Code, sec. 11-34; 1991 Code,
sec. 11-77; 2007 Code, sec. 18-76)
