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 the fire was the result of carelessness or design. The investigation shall be begun within 24 hours, not including Sunday, of the occurrence of the fire.
(1999 Code, sec. 31.20)
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.
(1999 Code, sec. 31.21)
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 authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.
(1999 Code, sec. 31.22)
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 the 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.
(1999 Code, sec. 31.23)
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 a 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.
(1999 Code, sec. 31.24)
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 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.
(1999 Code, sec. 31.25)
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.
(1999 Code, sec. 31.29)
The fire marshal shall have the authority at all times of day or night, when necessary, in performance of the duties imposed upon him by the provisions of this article, to enter upon and examine any buildings or premises where any fire has occurred, and other buildings or premises adjoining or near the same, which authority shall be exercised only with reason and good discretion.
(1999 Code, sec. 31.26)
The fire marshal, upon complaint of any person 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 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 a thorough examination of all mercantile, manufacturing and public buildings, together with the premises belonging thereto.
(1999 Code, sec. 31.27)
(a) 
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 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 explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, or combustible, flammable and refuse materials, or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to 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 days, appeal to the city council, which shall investigate the cause of the complaint, and unless by its authority the order is revoked such order shall remain in force and be forthwith complied with by the owner or occupant.
(b) 
Any owner or occupant of any building or other structure or premises who shall keep or maintain the same with an improper arrangement of a stove, range, furnace, or other 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, other structure or premises with an improper arrangement of a lighting device or system or with a storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, inflammable materials, or refuse or with any other condition which shall be dangerous in character to the person, health or property of others; or which shall be dangerous in the matter of promoting, augmenting or causing fire; or which shall create conditions dangerous to firefighters, or occupants of such building, structure or premises other than the maintainer thereof, shall be guilty of a misdemeanor.
(c) 
No prosecution shall be brought under subsection (b) of this section until the order provided for in subsection (a) of this section is given and the party notified shall fail or refuse to comply with the same.
(1999 Code, secs. 31.28, 31.30, 31.31)