The office of fire marshal is hereby created. Such office shall
be independent of other city departments, and the fire marshal shall
report directly to the city manager.
(1966 Code, sec. 8-15)
The office of fire marshal 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 removed only for cause.
(1966 Code, sec. 8-16)
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 begin within 24 hours, not including Sunday, of the occurrence
of such fire.
(1966 Code, sec. 8-17)
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 testimony to be reduced to writing.
(1966 Code, sec. 8-18)
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.
(1966 Code, sec. 8-19)
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.
(1966 Code, sec. 8-20)
If the fire marshal shall be of the opinion that there is evidence
sufficient to charge any person with the crime of arson, the attempt
to commit the crime of arson, of conspiracy to defraud, or of 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.
(1966 Code, sec. 8-21)
It shall be unlawful for any witness to refuse to be sworn;
to refuse to appear or testify; to disobey any lawful order of the
fire marshal; to fail or refuse to produce any book, paper or document
touching any matter under examination; or to be guilty of any contemptuous
conduct during any of the proceedings of the fire marshal in the matter
of his investigation or inquiry, after being summoned to give testimony
in relation to any matter under investigation by the fire marshal.
It shall be the duty of the fire marshal to cause all such offenders
to be prosecuted.
(1966 Code, sec. 8-22)
(a)
The
fire marshal, upon complaint of any person having an interest in any
building or property adjacent, or 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.
(b)
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.
(c)
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; 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 they may be connected; or whenever he shall find
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 firefighters or occupants, he shall order
the condition to be removed or remedied, and such order shall be forthwith
complied with by the owner or occupant of the building or premises.
(d)
However, if the owner or occupant deems himself aggrieved by such order given pursuant to subsection (c) of this section, he may, within five 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 the owner or occupant.
(e)
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 on each fire in the city during the month.
(1966 Code, sec. 8-23)
The fire marshal shall have the authority, at all times of the
day or night, when necessary, in the performance of the duties imposed
upon him by 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 fire, which authority shall be exercised only
with reason and good discretion.
(1966 Code, sec. 8-24)
