The office of fire marshal is hereby created. The fire marshal’s
office shall be a law enforcement agency for the purposes of arson
investigation and fire code enforcement. Duties of the fire marshal
include, but are not limited to, fire investigations and fire prevention
inspections. The office of fire marshal shall be a part of the fire
department, with the fire marshal reporting directly to the fire chief.
Such office shall be filled by appointment in accordance with the
personnel policies of the city. The fire marshal, with permission
from the fire chief, may appoint investigators and inspectors to assist
with duties associated with the fire marshal’s office as may
be delegated by the fire marshal. The fire marshal and all investigators
and inspectors assisting the fire marshal must hold and maintain proper
certification as required by applicable state laws and regulations
related to the performance of their duties.
(Ordinance 636-10, sec. 2, adopted 11/22/10)
The fire marshal shall investigate the cause, origin and circumstances
of every fire occurring within this city in which property has been
destroyed or damaged, and shall investigate to determine whether such
fire was the result of carelessness or design. Investigations shall
begin within twenty-four (24) hours, not including Sunday, of the
occurrence of a 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 losses, which
may be determined by investigations required by this article.
(1978 Code, sec. 10-16)
When in the opinion of the fire marshal further investigation
is necessary, he shall take or cause to be taken sworn written testimony
of all persons aware of any facts or knowledge in relation to the
matter under investigation. If he is 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 that person or persons to be lawfully arrested and charged.
He shall furnish to the proper prosecuting attorney all evidence,
together with the names of the witnesses and all of the information
obtained by him, including a copy of all pertinent and material testimony
taken in the case.
(1978 Code, sec. 10-17)
The fire marshal shall have the power to summon witnesses and
require the production of any physical evidence deemed pertinent to
an investigation under this article. The fire marshal is hereby authorized
and empowered to administer oaths and affirmations to any persons
appearing as witnesses before him.
(1978 Code, sec. 10-18)
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 investigations or inquiries, after being summoned to give testimony
in relation to any matter under investigation, 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 misdemeanor shall be fined in the sum not exceeding two
hundred dollars ($200.00). Any person so convicted shall have the
right of appeal.
(1978 Code, sec. 10-19)
All investigations held by or under the direction of the fire
marshal may, at his discretion, be private, and any persons other
than those required to be present may be excluded from the place where
the investigation is held, and any witnesses may be kept separate
and not allowed to communicate with each other until they have been
examined.
(1978 Code, sec. 10-20)
The fire marshal, investigators, and inspectors shall have the
authority at all times day or night, when necessary, in the performance
of the duties imposed upon them by the provisions of this article,
to enter and examine any building or premises where any fire has occurred,
and other buildings and premises adjoining or near the same. This
authority shall be exercised only with reason and good discretion.
(Ordinance 636-10, sec. 3, adopted 11/22/10)
The fire marshal’s office shall have the right at all
reasonable hours, for the purpose of examination, to enter into all
buildings and premises within the city. It shall be the fire marshal’s
duty to enter and make a thorough fire prevention inspection of all
business, commercial, manufacturing, and public buildings. Whenever
the fire marshal shall find any building or other structure with violations,
the violations shall be removed or corrected within ten (10) days
of the fire marshal’s inspection and the provision of written
notice of the violations to the violator. It is within the fire marshal’s
discretion to determine if more than ten (10) days are needed to correct
the violations due to the complexity of corrections needed.
(Ordinance 636-10, sec. 4, adopted 11/22/10)
(a) Any
owner or occupant of a building or other structure or premises who
shall keep or maintain the same when, for want of repair or dilapidated
condition, or for any other cause, it is a fire hazard and which is
so situated as to endanger buildings or property of others, or which
is so occupied that fire would endanger other persons or their property
therein, shall be punished by a fine of not more than two hundred
dollars ($200.00).
(b) Any
owner or occupant of any building or other structure, or premises,
who shall keep or maintain an improper arrangement of a stove, range,
furnace or other heating appliance, including chimneys, flues and
pipes with which the appliance may be connected, or an improper arrangement
of a lighting device or system, or with a storage of explosive materials,
chemicals, combustible materials or refuse, or with any other condition
so as to be a fire hazard, or dangerous to the health and safety of
persons or property of others or dangerous in the matter of promoting,
augmenting or causing fires, or which shall create conditions dangerous
to firemen, or occupants of the buildings, structures or premises
other that the maintainer, shall be punished by a fine of not more
than two hundred dollars ($200.00).
(1978 Code, sec. 10-23)
No prosecution shall be brought under section
5.03.005 or
5.03.009 of this article until the order provided for in section
5.03.008 be given and the party notified shall fail or refuse to comply with that order.
(1978 Code, sec. 10-26)
The penalties provided for in this article shall be recovered
by the city in the same manner as provided by law for the enforcement
of fines, forfeitures and punishments for offenses against the city.
(1978 Code, sec. 10-27)
Every day’s maintenance of any of the conditions prohibited
in this article shall be a distinct and separate offense.
(1978 Code, sec. 10-28)
All misdemeanors provided for in this article shall be prosecuted
and all fines and forfeitures shall be recovered and enforced in the
same manner as provided by law for the enforcement of fines, forfeitures,
penalties and punishment for offenses against the city.
(1978 Code, sec. 10-29)