The office of fire marshal is hereby created. Such office shall be independent of other city departments, the fire marshal reporting directly to the city manager. Such office shall be filled by appointment by the city manager by and with the consent of the city council. The fire marshal shall be properly qualified for the duties of his office, and shall be subject to removal at all times and for any reason.
(1977 Code, sec. 6-1; 2004 Code, sec. 5.101; Ordinance adopting 2016 Code)
The fire marshal shall investigate the cause, origin, and circumstances of every fire occurring in this 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 be begun within twenty-four 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, which may be determined by the investigation required by this article.
(1977 Code, sec. 6-2; 2004 Code, sec. 5.102)
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 same to be reduced to writing. 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 the witnesses and all of the information obtained by him, including a copy of all pertinent and material testimony taken in the case.
(1977 Code, sec. 6-3; 2004 Code, sec. 5.103)
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.
(1977 Code, sec. 6-4; 2004 Code, sec. 5.104)
Any person 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 the 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. Any person being convicted of any such misdemeanor shall be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code. Provided, however, that any person so convicted shall have the right of appeal.
(1977 Code, sec. 6-5; 2004 Code, sec. 5.105)
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.
(1977 Code, sec. 6-6; 2004 Code, sec. 5.106)
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 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.
(1977 Code, sec. 6-7; 2004 Code, sec. 5.107)
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, combustible, inflammable, and refuse materials, or other conditions which may be 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 the building or premises. Provided, however, that if the owner or occupant deems himself aggrieved by such order, he may, within five 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.
(1977 Code, sec. 6-8; 2004 Code, sec. 5.108)
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 punished by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code.
(1977 Code, sec. 6-9; 2004 Code, sec. 5.109)
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 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 firemen or occupants of such building, structure, or premises other than the maintainor thereof, shall be punished by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code.
(1977 Code, sec. 6-10; 2004 Code, sec. 5.110)
Penalties provided for herein shall be recovered by the city in the same manner as provided by law for the enforcement of fines, forfeitures, and punishments for offenses against the city.
(1977 Code, sec. 6-12; 2004 Code, sec. 5.112)
Every day’s maintenance of any of the conditions prohibited in any of the foregoing sections shall be a distinct and separate offense.
(1977 Code, sec. 6-13; 2004 Code, sec. 5.113)
All misdemeanors herein provided for shall be prosecuted, and all fines and forfeitures herein provided for shall be recovered and enforced, in the same manner as provided by law for the enforcement of fines, forfeitures, penalties, and punishments for offenses generally against the city.
(1977 Code, sec. 6-14; 2004 Code, sec. 5.114)