The office of fire marshal is hereby created. Such office shall
be independent of other city departments, the fire marshal reporting
directly to the mayor and city council. Such office shall be filled
by appointment by the mayor, by and with the consent of the city council.
The fire marshal shall be properly qualified for the duties of his
office and shall be subject to removal at all times and for any reason.
He shall be paid an annual salary payable in monthly installments
as determined by the city council.
(1986 Code, ch. 5, sec. 3:A; Ordinance
adopting Code)
(a) 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 be begun 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 occurring within the city, 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. Such record shall at all times be open to
public inspection.
(b) 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 as to which an examination is herein required
to be made, 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 offense, or either of them, he 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.
(1986 Code, ch. 5, sec. 3:B)
(a) 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 pertinent
testimony thereto. The fire marshal is hereby authorized and empowered
to administer oaths and affirmations to any persons appearing as witnesses
before him.
(b) Any
witness who refuses to be sworn, or who refuses to appear, or who
disobeys a 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 guilty of a misdemeanor; and
it shall be the duty of the fire marshal to cause all such offenders
to be prosecuted. Any person being convicted of any such misdemeanor
shall be fined. Provided, however, that any person so convicted shall
have the right of appeal.
(1986 Code, ch. 5, sec. 3:C)
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.
(1986 Code, ch. 5, sec. 3:D)
(a) 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 fire has occurred, and other buildings and premises
adjoining or near the same, which authority shall be exercised only
with reason and good discretion.
(b) The
fire marshal, upon complaint of any persons 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 upon and make, or cause to be entered upon 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 [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 or 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 said building or premises.
(c) Provided,
however, that if the owner or occupant deems himself aggrieved by
such order, he may within five (5) days appeal to the mayor, who shall
investigate the cause of the complaint, and, unless by his authority
the order is revoked, such order shall remain in force and shall be
forthwith complied with by said owner or occupant.
(1986 Code, ch. 5, sec. 3:E)
(a) Any
owner or occupant of a 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 and, upon conviction,
shall be fined.
(b) Any
owner or occupant of a building or other structure or premises who
shall keep or maintain the same with an improper arrangement of stove,
range, furnace or heating appliance of any kind whatever, 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
or other structure or premises with an improper arrangement of any
lighting device or system, or with storage of explosives, petroleum,
gasoline, kerosene, chemicals, vegetable products, ashes, combustible
or inflammable materials, or 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 the causing of fires, or which shall create conditions
dangerous to firemen or occupants of such building, structure or premises
other than the maintainer thereof, shall be deemed guilty of a misdemeanor
and, upon conviction, shall be fined.
(c) No prosecution shall be brought under subsections
(a) and
(b) above until the order provided for in section
5.03.005(b) be given and the party notified shall fail or refuse to comply with the same.
(d) The
penalties provided for herein shall be recovered by the city in the
same manner as provided by law for the enforcement of fines, forfeitures,
and punishments for offenses against the city.
(e) Every
day’s maintenance of any of the conditions prohibited in any
of the foregoing sections shall be a distinct and separate offense.
(f) All
misdemeanors herein provided for shall be prosecuted, and all fines
and forfeitures herein provided for shall be recovered and enforced,
in the same manner as provided by law for the enforcement of fines,
forfeitures, penalties and punishments generally [for offenses] against
the city.
(1986 Code, ch. 5, sec. 3:F)