The office of city fire marshal is hereby created. The city
fire marshal shall have all of the authority, duties and power stated
in city ordinances for the position of fire marshal. The city manager
shall appoint a qualified person to be confirmed by the city council
to serve as city fire marshal.
(1987 Code, ch. 5, sec. 1A; 2001
Code, sec. 5.101; Ordinance 2010-09-477 adopted 9/13/10)
The Smithville Volunteer Fire Department shall be a voluntary
organization consisting of the fire chief and other officers provided
for in the constitution and bylaws, all of whom shall be elected annually
by the members of the volunteer fire department, and also of members
who shall be approved by application. The rules, regulations and general
organization shall be formulated by the organization itself, subject
to state laws and regulations of city ordinances.
(1987 Code, ch. 5, sec. 1B; 2001
Code, sec. 5.102)
The fire marshal, the fire chief or any officer or member of
the Smithville Volunteer Fire Department designated by the fire chief
shall have the right and authority to enter any building or upon any
premises in the city at any time during business hours for the purpose
of making investigations for fire protection and fire prevention purposes.
(1987 Code, ch. 5, sec. 1C; 2001
Code, sec. 5.103)
The fire chief, the fire marshal or any officer or member of
the Smithville Volunteer Fire Department designated by the fire chief
shall investigate the cause, origin and circumstances of every fire
occurring in the city by which life was jeopardized or lost, or property
was damaged or destroyed. Such investigations shall be started immediately
upon the occurrence of every fire, or as soon thereafter as possible.
(1987 Code, ch. 5, sec. 1D; 2001
Code, sec. 5.104)
The fire chief or fire marshal shall immediately be notified
whenever it appears that a fire has resulted from carelessness, design,
violation or neglect to comply with any of the ordinances of the city.
The fire chief shall then take immediate charge of the physical evidence,
shall notify all proper authorities designated by law to pursue the
investigation of such matters and shall further cooperate with the
authorities in the collection of evidence and in the prosecution of
the case.
(1987 Code, ch. 5, sec. 1E; 2001
Code, sec. 5.105)
The fire marshal shall have the authority, at all times of the
day and night, when necessary in the performance of the duties imposed
upon him by the provisions of this chapter, 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.
(1987 Code, ch. 5, sec. 1F; 2001
Code, sec. 5.106)
The fire marshal or his representative, when in his opinion
further investigation is necessary, shall take or cause to be taken
the testimony under 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. 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 the production of any book,
paper or document pertinent thereto, and the fire marshal is authorized
to administer oaths to such witnesses.
(1987 Code, ch. 5, sec. 1G; 2001
Code, sec. 5.107)
Whenever the fire chief, the fire marshal or any member of the
Smithville Volunteer Fire Department shall find in any building, or
upon the premises or other place, combustible or explosive matter
or a dangerous accumulation of waste paper, boxes or highly inflammable
substances, especially liable to fire, and which is so situated as
to endanger property, or shall find violations of this chapter or
the code of the city, he shall order the same remedied or removed
within a specified time. This order shall be complied with by the
owner or occupant of such premises or buildings within the time specified,
subject to review by the fire chief or fire marshal upon request by
the owner or occupant within this time limit.
(1987 Code, ch. 5, sec. 1H; 2001
Code, sec. 5.108)
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 fire and the amount of
loss. He shall make all necessary reports concerning fire department
operations as may be required by the city or the state department
of insurance.
(1987 Code, ch. 5, sec. 1I; 2001
Code, sec. 5.109)
