The office of fire marshal is hereby created. Such office shall be part of the fire department and the fire marshal shall report directly to the fire chief. The office of fire marshal shall be filled by the fire chief or the chief’s designee. The fire marshal shall maintain certification and license as a peace officer from the state commission on law enforcement officer standards and education.
(2003 Code, sec. 5.301)
(a) 
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 investigations shall be begun within twenty-four (24) hours, not including Sunday, of the occurrence of such fire. 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, required by this article.
(b) 
It shall be the duty of the fire marshal to inspect structures to ensure compliance with the International Building Code or the International Fire Code. The chief building official and/or the city manager may call upon the fire marshal from time to time to inspect and be certain that any or all provisions of these codes are fully complied with. The fire marshal may detail such members of the fire department as inspectors as shall be necessary. The charge for this inspection shall be twenty dollars ($20.00) per inspection and shall be incorporated into the other inspection fees as listed in chapter 3 of the city code.
(2003 Code, sec. 5.302; 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 same to be reduced to writing; and if he 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 such 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.
(2003 Code, sec. 5.303)
The fire marshal shall have the power to subpoena 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.
(2003 Code, sec. 5.304; Ordinance adopting Code)
Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of said 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 subpoenaed 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. Any person being convicted shall be guilty of a misdemeanor.
(2003 Code, sec. 5.305; Ordinance adopting Code)
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 not allowed] to communicate with each other until they have been examined.
(2003 Code, sec. 5.306)
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 or 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.
(2003 Code, sec. 5.307)
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, or cause to be entered upon 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 explosives, 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 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. Provided, however, that 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 be forthwith complied with by said owner or occupant.
(2003 Code, sec. 5.308)
(a) 
Any owner or occupant of a building or other structure or premises who shall keep or maintain the same when for want of repair, or by reason of age or dilapidated condition, or for any cause, it is especially liable to fire, and which is so situated as to endanger buildings or property of others, or is especially liable to fire and which is so occupied that fire would endanger other persons or their property therein, shall be guilty of a misdemeanor.
(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 stoves, ranges, furnaces or other heating appliances 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 may be dangerous in character to the persons, health or property of others; or which shall be dangerous in the matter of promoting, augmenting or causing fires; 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 subsections (a) and (b) above until the order provided for in section 5.02.008 be given and the party notified shall fail or refuse to comply with the same.
(2003 Code, sec. 5.309)