The office of fire marshal for the city is hereby created. Such office shall be a division of the city’s fire and rescue department and shall report directly to the fire chief. The fire chief, upon consultation with the emergency management director, may recommend to the city council the appointment of a fire marshal and the city council may appoint such person to serve as fire marshal at the pleasure of the city council. The fire marshal’s salary shall be set by the city administrator. The fire marshal shall be a duly commissioned peace officer in and for the state.
(Ordinance 2018-05 adopted 5/29/18)
(a) 
The primary responsibilities of the fire marshal shall be to lead and conduct all fire investigations in the city and to enforce the city’s code with respect for fire prevention and protection including but not limited to this chapter of this code, and the fire marshal shall have the authority to enforce all regulations, policies and procedures with respect to fire prevention and protection. 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 begin immediately upon report of the fire or as soon thereafter as circumstances permit.
(b) 
The fire marshal shall also have the following general responsibilities as directed by the fire chief:
(1) 
The fire marshal shall review plats, building plans and related documents for compliance with applicable fire codes, related ordinances and fire department policies, specifying in writing the needed requirements prior to permit issuance. This review responsibility will require a combination of office work and field inspections. This responsibility will require coordination with city personnel in various departments, as well as representatives from local, state and federal agencies and the public.
(2) 
Inspections for compliance with adopted fire and safety codes applicable to all commercial, industrial, institutional and public occupancies. The fire marshal shall ensure corrective actions are taken when violations are found. The fire marshal shall also perform courtesy inspections of private residential occupancies when requested.
(3) 
Perform annual hazard inspections, fire flow tests and fire protection system tests, as necessary.
(4) 
Provide technical fire protection assistance to builders, contractors, developers, and the general public on fire-safe construction, installation of fire control systems, and operation policies, and compliance with procedures and codes.
(5) 
Perform any other duties as assigned by the fire chief.
(c) 
The fire marshal shall keep in his office a record of all fires, together with all facts, statistics and circumstances, including the origin of fires and the amount of loss, which may be determined by the investigation required by this chapter.
(Ordinance 2018-05 adopted 5/29/18)
(a) 
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 to writing.
(b) 
lf 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 another offense related to the matter under investigation or criminal conduct in connection with such fire, he shall cause such person to be lawfully arrested and charged with such offense, 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.
(Ordinance 2018-05 adopted 5/29/18)
(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 chapter, a subject of inquiry and investigation, and may require the production of any book, paper, document, or photographs deemed pertinent thereto.
(b) 
The fire marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.
(Ordinance 2018-05 adopted 5/29/18)
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 said investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation, 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.
(Ordinance 2018-05 adopted 5/29/18)
All investigations held by or under the direction of the fire marshal may, in his or her 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.
(Ordinance 2018-05 adopted 5/29/18)
The fire marshal shall have the authority at any time, when exigent circumstances exist, in the performance of the duties imposed upon him or her by the provisions of this chapter, to enter upon and examine any building or premises where any fire has occurred and/or other buildings and premises adjoining or near the fire, which authority shall be exercised only with reason and good discretion. If entry is refused by the owner or person in control of the property, his refusal will constitute grounds for obtaining a search warrant from a magistrate of proper jurisdiction for entry into or on the premises.
(Ordinance 2018-05 adopted 5/29/18)
(a) 
The fire marshal, upon complaint of any person having an interest in any building or adjacent property, and 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. The fire marshal may enter and is entitled, at any time, to enter any mercantile, manufacturing or public building, place of amusement or place where public gatherings are held, or any premises upon which such building or place is located, and make a thorough examination. It shall be the fire marshal’s duty to enter upon and make or cause to be entered and made a thorough examination of all mercantile, manufacturing and public building, together with the premises belonging thereto, as necessary. Whenever the fire marshal 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 or she shall find an improper or dangerous arrangement of facilities, property or equipment or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to fire personnel or occupants, or a violation of this chapter or other fire prevention and protection ordinances in this code, he shall order the same to be removed or remedied, and such order shall be forthwith complied with by the owner or said owner or occupant of the building or premises.
(b) 
If the owner or occupant deems himself aggrieved by such order, he may, within 48 hours of the order, appeal to the city administrator. The city administrator shall investigate the cause of the complaint and unless by the city administrator’s authority the order is revoked, such order shall remain in force and be forthwith complied with by said owner or occupant.
(c) 
The fire marshal shall report all existing hazardous conditions to the state fire marshal, as may be required, together with a separate report on each fire in the city during the month.
(Ordinance 2018-05 adopted 5/29/18)
The fire marshal shall have the authority to seek the issuance and execution of search and seizure warrants from a neutral and impartial magistrate while carrying out the provisions of this chapter and shall be empowered to seek any other legal remedy to effect the provisions of this chapter.
(Ordinance 2018-05 adopted 5/29/18)
(a) 
Any person violating any of the provisions of this article shall be deemed guilty of a class C misdemeanor and, upon conviction, shall be fined in an amount not to exceed $500.00 for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(b) 
A violation of any term or provision of this article may be enjoined by civil injunctive relief. The city may, at its sole discretion, seek injunctive and other equitable relief to restrain any violation of this article and may, in addition, pursue any lawful remedies to correct, abate, or punish any violation hereof.
(c) 
The penalties and remedies provided for in this article are not exclusive of each other or of any other remedy at law or in equity, and all such remedies are declared to be cumulative.
(Ordinance 2018-05 adopted 5/29/18)