The office of fire marshal is hereby created in and for the
city.
(1974 Code of Ordinances, Chapter 11, Section 11-21)
The office of fire marshal shall be independent of other city
departments, the fire marshal reporting directly to the city manager.
(1974 Code of Ordinances, Chapter 11, Section 11-22)
The office of fire marshal shall be filed by appointment by
the city manager.
(1974 Code of Ordinances, Chapter 11, Section 11-23)
The person appointed fire marshal shall be properly qualified
for the duties of his office in accordance with recognized standards.
(1974 Code of Ordinances, Chapter 11, Section 11-24)
The person appointed as fire marshal shall be removed at any
time for any reason.
(Ordinance adopting Code)
The fire marshal shall receive a salary to be determined by
the city council.
(1974 Code of Ordinances, Chapter 11, Section 11-26)
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 twenty-four (24) hours, not including Sunday,
of the occurrence of such fire.
(1974 Code of Ordinances, Chapter 11, Section 11-27)
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.
(1974 Code of Ordinances, Chapter 11, Section 11-28)
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.
(1974 Code of Ordinances, Chapter 11, Section 11-29)
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 investigations are held. Witnesses may be kept separate and apart
from each other and not allowed to communicate with each other until
they have been examined.
(1974 Code of Ordinances, Chapter 11, Section 11-30)
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
attempts 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.
(1974 Code of Ordinances, Chapter 11, Section 11-31)
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 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.
(1974 Code of Ordinances, Chapter 11, Section 11-32)
The fire marshal shall have the authority at all times of 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.
(1974 Code of Ordinances, Chapter 11, Section 11-33)
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.
(1974 Code of Ordinances, Chapter 11, Section 11-34)
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 and 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, 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 the building or premises. Provided however, that
if the owner or occupant deems himself aggrieved by such order, he
may within five (5) days, appeal to the city manager, who shall investigate
the cause of the complaint and unless by his authority the order is
revoked within fourteen (14) days, such order shall remain in force
and be forthwith complied with by the owner or occupant.
(1974 Code of Ordinances, Chapter 11, Section 11-35)
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 maybe determined by the investigation required by this
article.
(1974 Code of Ordinances, Chapter 11, Section 11-36)
The fire marshal shall answer fire alarms and be present at
all fires within the city whenever possible and practical.
(1974 Code of Ordinances, Chapter 11, Section 11-37)
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.
(1974 Code of Ordinances, Chapter 11, Section 11-38)