The office of fire marshal is hereby created. Such office shall
be independent of other city departments, the fire marshal reporting
directly to the mayor and city council. Such office shall be filled
by appointment by the mayor, by and with the consent of the city council.
The fire marshal shall be properly qualified. He shall receive an
annual salary of one dollar ($1.00) per year or volunteer. The fire
marshal must be approved by membership of the fire department.
(Ordinance 36, sec. 2(A), adopted 9/8/81; 1982 Code, ch. 5, sec. 2(A))
The fire marshal shall investigate the cause, origin, and circumstances
of every fire occurring within the city by which property has been
damaged or destroyed, and shall especially make investigation as to
whether such fire was the result of carelessness or design. Such investigation
shall be begun within twenty (20) 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.
(Ordinance 36, sec. 2(B), adopted 9/8/81; 1982 Code, ch. 5, sec. 2(B))
The fire marshal, when in his opinion further investigation
is necessary, shall take or cause to be taken the testimony 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.
(Ordinance 36, sec. 2(C), adopted 9/8/81; 1982 Code, ch. 5, sec. 2(C))
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 36, sec. 2(D), adopted 9/8/81; 1982 Code, ch. 5, sec. 2(D))
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.
(Ordinance 36, sec. 2(E), adopted 9/8/81; 1982 Code, ch. 5, sec. 2(E))
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 36, sec. 2(F), adopted 9/8/81; 1982 Code, ch. 5, sec. 2(F))
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
executed only with reason and good discretion.
(Ordinance 36, sec. 2(G), adopted 9/8/81; 1982 Code, ch. 5, sec. 2(G))
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 examining,
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
whatever, 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, combustibles, inflammable and refuse materials, or other [materials]
dangerous in character or liable to cause or promote fire or create
conditions dangerous to the firemen or occupants, he shall order the
same 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.
(Ordinance 36, sec. 2(H), adopted 9/8/81; 1982 Code, ch. 5, sec. 2(H))
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 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 the property therein,
shall be punished by a fine.
(Ordinance 36, sec. 2(I), adopted 9/8/81; 1982 Code, ch. 5, sec. 2(I))
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, 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 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.
(Ordinance 36, sec. 2(J), adopted 9/8/81; 1982 Code, ch. 5, sec. 2(J))
