(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)