(a) 
The office of fire marshal is hereby created.
(b) 
The fire marshal shall be appointed by the city manager with the advice and consent of the city council and shall serve at the pleasure of the city manager.
(c) 
The fire marshal shall, under the supervision and direction of the chief of police or his or her designated officer, assist in investigating 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. The fire marshal shall keep 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.
(2004 Code, sec. 5.04.001; Ordinance 1243 adopted 1/8/18)
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 or her 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.
(2004 Code, sec. 5.04.002)
(a) 
The fire marshal, upon complaint of any person having an interest in any building or property adjacent, and without any complaint, shall have a right at all reasonable hours, for the purpose of examination, to enter into and upon buildings and premises within the city, and it shall be his or her 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.
(b) 
Whenever he or she 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, he or she shall proceed as provided in section 5.02.004 et seq.
(c) 
Whenever he or she 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 firefighters 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 said building or premises. However, if said owner or occupant deems himself or herself aggrieved by such order, he or she may, within five (5) days, appeal to the board of appeals, who shall investigate the cause of the complaint; and unless by his or her authority the order is revoked, such order shall remain in force and be forthwith complied with by said owner or occupant.
(d) 
At the end of each month, the fire marshal shall report to the state fire marshal all existing hazardous conditions, together with separate report of each fire in the city during the month.
(2004 Code, sec. 5.04.003)
A building or other structure or premises which is especially liable to fire by reason of want of repair, age, dilapidated condition or for any cause, and which is (i) so situated as to endanger buildings, structures or property of others or (ii) so occupied that it endangers the occupants, other persons or their property, is hereby declared a public nuisance. The fire marshal or any other interested person may file a complaint seeking to have any such public nuisance abated, and said complaint shall be reviewed and acted upon using the procedure set forth in article 3.03 of this code.
(2004 Code, sec. 5.04.004)
Any owner or occupant of any building or other structure or premises who shall keep or maintain the same with an improper arrangement of a stove, range, furnace or other heating appliance of any kind whatever, including chimneys, flues and pipes with which the same may be connected, so as to be dangerous in the matter of fire, or health or safety of persons or property of others; or who shall keep or maintain any building, other structure or premises with an improper arrangement of a lighting device or system or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, inflammable materials, or refuse or with any other condition which shall be dangerous in character to the persons, health or property of others; or which shall be dangerous in the matter of promoting, augmenting or causing fires; or which shall create conditions dangerous to firefighters, or occupants of such building, structure or premises other than the maintainer thereof, shall be punished as provided in section 1.01.009.
(2004 Code, sec. 5.04.005)