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)