The Fire Marshal shall investigate the cause, origin and circumstances
of every fire occurring within the Town 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.
(1971 Code, sec. 7-17)
(a)
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.
(b)
The
Fire Marshal is hereby authorized and empowered to administer oaths
and affirmations to any persons appearing as witnesses before him.
(1971 Code, sec. 7-18)
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.
(1971 Code, sec. 7-19)
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.
(1971 Code, sec. 7-20)
If the Fire Marshal 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 any 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.
(1971 Code, sec. 7-21)
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
under investigation or inquiry, 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.
(1971 Code, sec. 7-22)
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 all buildings and premises within the Town,
and 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. Whenever he 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,
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, 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 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 such building or premises.
If such owner or occupant deems himself aggrieved by such order, he
may, within five (5) days, appeal to the Town Administrator, who shall
investigate the cause of the complaint and, unless by his authority
the order is revoked, such order shall remain in force and be forthwith
complied with by the owner or occupant. Any owner or occupant who
fails or refuses to comply with such order shall be deemed guilty
of a misdemeanor. Every day’s maintenance of any of the conditions
covered by such order shall be a distinct and separate offense.
(1971 Code, sec. 7-23)
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.
(1971 Code, sec. 7-24)
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.
(1971 Code, sec. 7-25)
