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 mayor and city council. The office of fire
marshal shall be filled by appointment of the mayor and consent of
the city council. The fire marshal shall be properly qualified for
the duties of said office, shall comply with all requirements established
by the state for peace officers, and shall serve at the pleasure of
the city council. He shall be removable by a simple majority of the
council. He shall receive a salary in the amount established by the
city council from time-to-time and shall also receive net expenses
incurred attending schools, and reimbursement for loss of time from
his regular position or employment. The fire marshal shall have the
authority to appoint a number of deputies as set by the city council
to assist him in his duties. Said deputies shall have the same rights,
powers and authority that are vested in the fire marshal. Deputies
shall hold their office at the discretion of the fire marshal. Deputies
appointed by the fire marshal shall be properly qualified for the
duties of said office and shall comply with all requirements established
by the state for peace officers.
(Ordinance 285, sec. I, adopted 5/28/92; Ordinance adopting Code; Ordinance 632-24 adopted 1/18/2024)
(a)
The fire marshal shall be the chief law enforcement officer
for the office of fire marshal and chief arson investigator and chief
fire code enforcement officer for the city. He or she shall:
(1)
Organize and administer the office of fire marshal in conformity
with ordinances of the city and the Constitution and laws of the state
and the United States;
(2)
Have immediate direction and control of the office of fire marshal,
subject to the supervision of the city administrator and such rules,
regulations and orders as the city administrator may prescribe;
(3)
Consistent with policies and procedures established by the city
administrator, the fire marshal shall promulgate all orders, rules
and regulations for government of the office of fire marshal;
(4)
Appoint and discipline deputies and other employees of the office
of fire marshal, who shall serve at his or her discretion, consistent
with the city's personnel policies and procedures where applicable;
(5)
Have the same powers in the city as the city's police department
and sheriff of the county for the prevention and suppression of a
crime, the arrest of offenders, the taking bail and execution of warrants,
search warrants and other writs; and
(6)
Be responsible for all arson investigations and fire code enforcement
services and perform such other duties as may be required by the city
administrator and the mayor.
(b)
The fire marshal and deputies of the office of fire marshal
shall be, and they are hereby vested with all power and authority
given to them as peace officers under the laws of the state, the federal
law, and the ordinances and regulations of the city and it shall be
the duty of each such officer;
(1)
To use his or her best endeavors to prevent the commission within
the city of offenses against the laws of the state, the federal government;
and against the ordinances and regulations of the city;
(2)
To observe and enforce all such laws, ordinances, and regulations;
(3)
To detect and arrest offenders against the same; and
(4)
To preserve the public peace, health and safety.
(Ordinance 212, sec. II, adopted 5/24/84; Ordinance
632-24 adopted 1/18/2024)
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 believed to be cognizant of any facts, or believed
to have 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 criminal conduct in connection with such
fire, he shall furnish to the proper prosecuting attorney all evidence
in his possession or knowledge, 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.
(Ordinance 212, sec. III, adopted 5/24/84)
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.
(Ordinance 212, sec. IV, adopted 5/24/84)
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. Any person
being convicted of any such misdemeanor shall be fined in a sum not
exceeding five hundred dollars ($500.00). Provided, however, that
any person so convicted shall have the right of appeal, and provided
further that nothing in this article shall authorize the fire marshal
to do any act in violation of constitutional or statutory prohibitions
against compelling a person to incriminate himself.
(Ordinance 212, sec. V, adopted 5/24/84; Ordinance 246 adopted 1/28/88)
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.
(Ordinance 212, sec. VI, adopted 5/24/84)
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 and the laws of the state,
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 discretion.
(Ordinance 212, sec. VII, adopted 5/24/84)
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 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 complied with by the owner or
occupant of said building or premises within ten (10) days. If, in
the opinion of the fire marshal, such violation or fire hazard causes
an immediate danger to the occupants thereof, he may order the premises
closed and vacated until the violation or fire hazard is corrected
and no longer exists. It shall be unlawful for any owner or occupant
to fail to close or vacate such premises upon order of the fire marshal,
and each day that the order is ignored shall constitute a separate
offense. If said owner or occupant deems himself aggrieved by such
order, he may, within five (5) days, appeal to the city council, who
shall investigate the cause of the complaint, and unless by their
authority the order is revoked, such order shall remain in force and
be forthwith complied with by said owner or occupant. If the aggrievance
involves an order of immediate closing and vacating of premises, such
premises shall remain closed and vacated until a decision is rendered
by the city council. At the end of each month, the fire marshal shall
report to the state fire marshal all existing hazardous conditions,
together with separate report on each fire in the city during the
month. Provided further that nothing herein shall authorize the fire
marshal to do any act in violation of the constitutional or statutory
provisions against unlawful searches or seizures.
(Ordinance 212, sec. VIII, adopted 5/24/84)
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 in violation of this article.
(Ordinance 212, sec. IX, adopted 5/24/84)
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 so as to be of such
a nature as to be dangerous in the matter of fire, 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 in violation of this article.
(Ordinance 212, sec. X, adopted 5/24/84)
No prosecution shall be brought under sections 5.02.009 and 5.02.010 of this article 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.
(Ordinance 212, sec. XI, adopted 5/24/84)
It shall be unlawful for any person to in any manner interfere
[with] or obstruct the fire marshal in the performance of his official
duties.
(Ordinance 212, sec. XV, adopted 5/24/84)
Any person found guilty of violating any of the provisions of
this article shall be guilty of a misdemeanor, and upon conviction
shall be sentenced to pay a fine of not less than twenty-five dollars
($25.00) nor more than two thousand dollars ($2,000.00). Said fines
shall be recovered by the city in the same manner as provided by law
for other misdemeanor violations.
(Ordinance 212, sec. XVI, adopted 5/24/84; Ordinance 246 adopted 1/28/88)
Every day’s maintenance of any of the conditions prohibited
in any of the foregoing sections shall be a distinct and separate
offense.
(Ordinance 212, sec. XVII, adopted 5/24/84)
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.
(Ordinance 212, sec. XVIII, adopted 5/24/84)
