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)