(A) 
Establishment.
The office of Fire Marshal for the city is hereby established, and shall be independent of other city departments.
(1) 
The Fire Marshal shall be appointed by the Mayor with the consent of the City Council, and shall receive such compensation as may be fixed from time to time by the City Council.
(2) 
The term of office of the Fire Marshal shall be two years and begin on October 1 of each odd numbered year.
(B) 
Functions.
(1) 
The duties of Fire Marshall shall include the following:
(a) 
Enforce the Fire Code of the city.
(b) 
Investigate the cause, origin, and circumstances of every fire in which property has been destroyed or damaged within 24 hours of the occurrence of such fire, provided that Sundays and official city holidays shall not be included in the calculation of the 24-hour period.
(c) 
If indicated, as a result of the investigation conducted under division (B)(1)(b) above, he shall:
(i) 
Advise the proper authorities of any suspicion of arson, or attempted arson, conspiracy to defraud, or criminal conduct in connection with such fire; and
(ii) 
Furnish all evidence to the proper prosecuting attorney, together with the names of witnesses and all pertinent information and material testimony taken during such investigation.
(d) 
Conduct, and be responsible for, fire prevention inspections to insure compliance with city ordinances, rules, and regulations and with the Uniform Fire Code on the following bases:
(i) 
Annual inspections of all buildings being used for other than private residential purposes or for a family group;
(ii) 
Random inspections, as deemed necessary by the Fire Marshal; and
(iii) 
Reinspection to monitor corrections of deficiencies found during an inspection.
(e) 
Maintain a record of:
(i) 
All fires, together with all facts, statistics, and circumstances, including the origin of such fires and the amount of loss, as is determined by his investigation; and
(ii) 
Each inspection and reinspection, indicating the date of such inspection or reinspection, any deficiencies found, and any corrective action which may be necessary.
(f) 
Make reports to the State Fire Marshal at the end of each month related to existing hazardous conditions and each fire occurring in the city during such month.
(2) 
The Fire Marshal is authorized and empowered to:
(a) 
Summon witnesses before him to testify in relation to any matter which is a subject of inquiry and investigation.
(b) 
Require the production of any book, paper, or document deemed pertinent to any investigation.
(c) 
Administer oaths to any person appearing as a witness before him.
(d) 
Enter upon and examine, at any time of the day or night, any building or premises where a fire has occurred or any building or premises adjoining or near the location of a fire.
(e) 
Enter any building or premises within the city, during a reasonable hour, for the purpose of fire prevention inspection.
(C) 
Noncompliance with Fire Marshal’s Order; Other Violations.
It shall be deemed a violation of this section to:
(1) 
Fail to make the corrections deemed necessary by the Fire Marshal pursuant to his inspection under the provisions of this section within the prescribed time period.
(2) 
In connection with an investigation or inquiry of the Fire Marshal:
(a) 
Refuse to be sworn, to appear, or to testify; or
(b) 
Disobey any lawful order of the Fire Marshal; or
(c) 
Fail or refuse to produce any book, paper, or document related to any matter under examination.
(3) 
Maintain a building, structure, or premises, in such a condition or want of repair so as to:
(a) 
Render it liable to fire;
(b) 
Endanger the buildings or property of others; or
(c) 
Create conditions dangerous to firemen or occupants of such buildings, structures, or premises.
(D) 
Construction.
(1) 
Wherever in the fire code of the city there is given to any city agency or official any rights, duties, or responsibilities for enforcement or administration of the fire code, the reference to the agency or official shall be deemed to be a reference to the Fire Marshal to the extent that such construction is reasonable.
(2) 
This section shall, to the extent reasonable, be construed in a manner which is consistent with the fire code of the city. In the event of an irreconcilable conflict between this section and the fire code, this section shall prevail.
(Ordinance 218-85-11-12, passed 11-12-85)