The office of fire marshal is hereby created. Such office shall
be independent of other city departments, the fire marshal reporting
to the mayor and council.
(1988 Code, ch. 5, sec. 1.01)
Such office shall be filled by appointment by the mayor, by
and with the consent of the 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. He shall serve without compensation.
(1988 Code, ch. 5, sec. 1.02; Ordinance
adopting Code)
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.
(1988 Code, ch. 5, sec. 1.03)
The fire marshal, when in his opinion further investigation
of suspected arson is necessary, shall refer the matter to a peace
officer who is also an arson investigator or to the state department
of insurance. The fire marshal is not required to be or become a peace
officer nor shall the fire marshal conduct investigations of the crime
of arson other than the preliminary investigation set forth herein.
(1988 Code, ch. 5, sec. 1.04)
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.
(1988 Code, ch. 5, sec. 1.05)
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 demeanor shall be fined in a sum not exceeding
two hundred dollars ($200.00).
(1988 Code, ch. 5, sec. 1.06)
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.
(1988 Code, ch. 5, sec. 1.07)
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.
(1988 Code, ch. 5, sec. 1.08)
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 the building or premises.
Provided, however, that if the occupant or owner] 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.
(1988 Code, ch. 5, sec. 1.09)
At the end of each month the fire marshal shall report to the
state fire marshal all existing conditions, together with separate
reports on each fire in the city during the month.
(1988 Code, ch. 5, sec. 1.10)
(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 deemed guilty of a misdemeanor.
(b)
Any
owner or occupant of any building or 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 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 maintainer
thereof, shall be deemed guilty of a misdemeanor.
(c)
No prosecution shall be brought under this section until the order provided for in section 5.02.009 hereof be given and the party notified shall fail or refuse to comply with the same.
(d)
Every
day’s maintenance of any of the conditions prohibited in any
of the foregoing subsections shall be a distinct and separate offense.
(1988 Code, ch. 5, sec. 1.11)
