The office of the fire marshal is hereby created. Such officer
shall be appointed by the city council with the fire marshal reporting
directly to the fire chief. The said fire marshal shall be properly
qualified for the duties of his office, and shall be removed only
for cause. He shall receive an annual salary to be determined by the
council as compensation for his services.
(1987 Code, ch. 5, sec. 3A; 2004
Code, sec. 5.301)
The fire marshal shall investigate the cause, origin, and circumstances
of every fire occurring within 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 (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, which may be determined by the investigation required
by this article.
(1987 Code, ch. 5, sec. 3B; 2004
Code, sec. 5.302)
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.
(1987 Code, ch. 5, sec. 3C; 2004
Code, sec. 5.303)
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 said fire marshal is hereby authorized and empowered to administer
oaths and affirmations to any persons appearing as witnesses before
him.
(1987 Code, ch. 5, sec. 3D; 2004
Code, sec. 5.304)
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 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.
(1987 Code, ch. 5, sec. 3E; 2004
Code, sec. 5.305)
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.
(1987 Code, ch. 5, sec. 3F; 2004
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 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.
(1987 Code, ch. 5, sec. 3G; 2004
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, 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 explosives, compounds, petroleum, gasoline,
kerosene, dangerous chemicals, vegetable products, ashes, 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. 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
of each fire in the city during the month.
(1987 Code, ch. 5, sec. 3H; 2004
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 punished by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code.
(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 or persons of 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 maintainer thereof, shall be punished by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code.
(d)
The
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.
(e)
Every
day’s maintenance of any of the conditions prohibited in any
of the foregoing sections or subsections shall be a distinct and separate
offense.
(f)
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.
(1987 Code, ch. 5, sec. 3I; 2004
Code, sec. 5.309)
