The office of fire marshal is 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 of the mayor, by and with the consent of the city council,
within 20 days after Ordinance No. 10 shall take effect. 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.
(Ordinance 10, sec. 1, adopted 12/3/1918; 1999 Code, sec. 46-71; Ordinance adopting 2018 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 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.
(Ordinance 10, sec. 2, adopted 12/3/1918; 1999 Code, sec. 46-72)
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; 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 10, sec. 3, adopted 12/3/1918; 1999 Code, sec. 46-73)
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 pertinent book, paper or document. The fire
marshal is authorized and empowered to administer oaths and affirmations
to any persons appearing as witnesses before him.
(Ordinance 10, sec. 4, adopted 12/3/1918; 1999 Code, sec. 46-74)
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 an investigation or inquiry, after being summoned to give testimony in relation to the matter under investigation, 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 punished in accordance with section 1.01.009. Any person so convicted shall have the right of appeal.
(Ordinance 10, sec. 5, adopted 12/3/1918; 1999 Code, sec. 46-75)
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 10, sec. 6, adopted 12/3/1918; 1999 Code, sec. 46-76)
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 such building or premises, which authority
shall be exercised only with reason and good discretion.
(Ordinance 10, sec. 7, adopted 12/3/1918; 1999 Code, sec. 46-77)
The fire marshal, upon complaint of any person having an interest
in any adjacent building or property, 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, 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 to such buildings. 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,
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 they 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, or combustible,
flammable 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. If the
owner or occupant deems himself aggrieved by such order, he may, within
five days, appeal to the mayor, who shall investigate the cause of
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.
(Ordinance 10, sec. 8, adopted 12/3/1918; 1999 Code, sec. 46-78)
(a)
Any owner or occupant of a building or other structure or premises who shall keep or maintain the building, structure or premises 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, shall be punished in accordance with section 1.01.009.
(b)
Any owner or occupant of any building or other structure or premises who shall keep or maintain the building, structure or premises with an improper arrangement of a stove, range, furnace or other heating appliance of any kind whatever, including chimneys, flues and pipes with which they 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 the storage of explosives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, flammable 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 firefighters, or occupants of such building, structure or premises other than the maintainor, shall be punished as provided in section 1.01.009.
(Ordinance 10, secs. 9, 10, adopted 12/3/1918; 1999 Code, sec. 46-79)
No prosecution shall be brought under section 5.02.009 until the order provided for in section 5.02.008 is given, and the party notified shall fail or refuse to comply with the order.
(Ordinance 10, sec. 11, adopted 12/3/1918; 1999 Code, sec. 46-80)
The penalties provided for in this article 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.
(Ordinance 10, sec. 12, adopted 12/3/1918; 1999 Code, sec. 46-81)
Every day’s maintenance of any of the conditions prohibited
in this article shall be a distinct and separate offense.
(Ordinance 10, sec. 13, adopted 12/3/1918; 1999 Code, sec. 46-82)
