The office of fire marshal is hereby created. The fire chief shall appoint the fire marshal and shall designate members of the fire department as may be necessary from time to time to enforce the provisions of the fire code.
(2001 Code, sec. 5.101)
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 such fire was the result of carelessness or design. Such investigation shall be begun within twenty-four hours, not including Sunday, of the occurrence of such fire. 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.
(2001 Code, sec. 5.102)
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, 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 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.
(2001 Code, sec. 5.103)
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 or inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto. The fire marshal is authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.
(2001 Code, sec. 5.104)
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 the 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. Any person being convicted of any such demeanor shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code; provided, however, that any person so convicted shall have the right of appeal.
(2001 Code, sec. 5.105)
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.
(2001 Code, sec. 5.106)