The fire marshal shall be appointed by the city manager, subject to the approval of the city council. The fire marshal shall be properly qualified for the duties of his office and may be removed at any time for any reason by the city manager. The fire marshal is authorized to appoint one (1) assistant who shall exercise all the authority of the fire marshal.
(Ordinance 2002 adopted 11/10/09)
The fire marshal shall investigate the cause, origin and circumstances of every fire occurring within this 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 the fire.
(1965 Code of Ordinances, Chapter 6, Article II, Section 6-23)
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 in writing.
(1965 Code of Ordinances, Chapter 6, Article II, Section 6-24)
Administer Oaths The fire marshal shall have the power to summon witnesses before him to testify in relation to any matter, which is, by the provision of this article, a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto. The fire marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.
(1965 Code of Ordinances, Chapter 6, Article II, Section 6-25)
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.
(1965 Code of Ordinances, Chapter 6, Article II, Section 6-26)
If the fire marshal 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 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.
(1965 Code of Ordinances, Chapter 6, Article II, Section 6-27)
Any witness who refuses to be sworn, or who refuses to appear and 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 investigation or inquiry after being summoned to give testimony in relation to any matter under investigation as aforesaid, 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.
(1965 Code of Ordinances, Chapter 6, Article II, Section 6-28)
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.
(1965 Code of Ordinances, Chapter 6, Article II, Section 6-29)
Conditions The fire marshal, upon complaint of any person having any interest in any building or property adjacent thereto, or 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 city, and it shall be his duty quarterly or more often to enter upon and make or cause to be 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 therein, and whenever he shall find an improper or 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. If said 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. Any owner or occupant who fails to comply with such order within ten (10) days from the date of such notice shall be deemed guilty of a misdemeanor.
(1965 Code of Ordinances, Chapter 6, Article II, Section 6-30)
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.
(1965 Code of Ordinances, Chapter 6, Article II, Section 6-31)
There is created the position of chief of the fire department who shall be appointed by the city manager, confirmed by the city council and who shall report to the city manager. It shall be his duty to see that the laws, ordinances, orders, rules and regulations concerning the department and the operation thereof are carried into full force and effect. It shall be the duty of the chief to enforce such rules and regulations made from time to time to secure discipline in the department. He shall have power to suspend any subordinate officers, members or employees for a violation of such rules and regulations and upon executing any such suspension, forthwith in writing, advise the city manager of his reasons therefor. He shall diligently observe the condition of fire apparatus and workings of the department at all times, and shall report in writing as requested by the city manager or city council regarding the equipment and the proper conduct of the department. He shall cooperate with the city manager in the preparation of an annual budget for the operation of the department.
(Ordinance 1980 adopted 10/16/08)