The office of fire marshal is hereby created. The fire marshal shall report directly to the city manager. The city manager may engage an entity to serve as the city's fire marshal, and may retain an entity to perform consultant services as the city manager deems necessary for fire inspection, plan review, and other related responsibilities; and may authorize such contracts with consultants, for such services as the work may require. As used herein, the term "fire marshal" refers to the individual or entity selected by the city manager, including employees of any such entity.
(2004 Code, sec. 5.201; Ordinance 02-2024 adopted 8/8/2024; Ordinance 07-2024 adopted 10/17/2024)
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 begin within twenty-four (24) 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.
(2004 Code, sec. 5.202)
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 and witnesses and all of the information obtained by him, including a copy of all pertinent and material testimony taken in the case.
(2004 Code, sec. 5.203)
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 of inquiry and investigation, and may require the production of any book, paper, or document deemed pertinent thereto. The said fire marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.
(2004 Code, sec. 5.204)
Any witness who refuses to be sworn, or who refuses to appear to testify, or who disobeys any lawful order of said 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 said 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.
(2004 Code, sec. 5.205)
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.
(2004 Code, sec. 5.206)
(a) 
Any owner or occupant of the building or other structure or premises, who shall keep or maintain the same when, for want of repair, or by reason of age or dilapidated condition, or for any cause, it is especially liable to fire, and which is so situated as to endanger buildings or property of others, or is especially liable to fire and which is so occupied that fire would endanger other persons or their property therein, shall be deemed guilty of a misdemeanor.
(b) 
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 whatsoever, 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, 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 firemen, or occupants of such building, structure, or premises other than the maintenance thereof, shall be guilty of a misdemeanor.
(2004 Code, sec. 5.207)