The office of fire marshal is hereby created. Such office is
independent of other city departments. The fire marshal shall report
directly to the fire chief.
(1988 Code, sec. 7-26; Ordinance
adopting Code)
The fire marshal shall be appointed by the fire chief by and
with the consent of the city manager. The fire marshal shall be properly
qualified for the duties of his office.
(1988 Code, sec. 7-27; Ordinance
adopting Code)
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 investigations as
to whether such fire was the result of carelessness or design. Such
investigation shall be commenced within twenty-four (24) hours of
the occurrence of such fire.
(1988 Code, sec. 7-28; Ordinance
adopting Code)
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 testimony to be reduced to writing.
(1988 Code, sec. 7-29)
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 deemed pertinent thereto.
The fire marshal is hereby authorized and empowered to administer
oaths and affirmations to any persons appearing as witnesses before
him.
(1988 Code, sec. 7-30)
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.
(1988 Code, sec. 7-31)
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.
(1988 Code, sec. 7-32)
Any witness who refuses to be sworn, or who refuses to appear
or 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 examination, or who is guilty of any contemptuous
conduct during any of the proceedings of the fire marshal in the matter
of such 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. It shall be the duty of the fire
marshal to cause all such offenders to be prosecuted.
(1988 Code, sec. 7-33)
The fire marshal, upon complaint of any person having an interest
in any building or property adjacent, or without any complaint, shall
have the right at all reasonable hours for the purpose of examination
to enter into and upon all buildings and premises within the city.
It shall be his duty monthly or more often to enter upon and make
or cause to be entered 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 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 or so occupied that fire
would endanger persons or property therein, and whenever he shall
find an improper or dangerous arrangement of stoves, 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 explosive compounds, petroleum, gasoline, kerosene, dangerous
chemicals, vegetable products, ashes, or 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 firefighters 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 the building or premises. If the
owner or occupant deems himself aggrieved by such order, he may within
five (5) days appeal to the city manager, who shall investigate the
cause of the complaint, and, unless by his authority the order is
revoked, such order shall remain in force and be forthwith complied
with by the owner or occupant. Any owner or occupant who fails to
comply with such order shall be deemed guilty of a misdemeanor.
(1988 Code, sec. 7-34)
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 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. Such authority shall be exercised only
with reason and good discretion.
(1988 Code, sec. 7-35)
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.
(1988 Code, sec. 7-36)
At the end of each month, the fire marshal shall report to the
state fire marshal all existing hazardous conditions, together with
a separate report on each fire in the city during the month.
(1988 Code, sec. 7-37)
