The office of fire chief is hereby created, and such office shall be independent of other city departments, the fire chief reporting directly to the city council.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.01)
The fire chief shall be appointed by the city council. The fire chief shall be properly qualified for the duties of his or her office and shall be removed at any time for any reason by action of the city council. He or she shall receive such compensation as provided for by the city council.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.02; Ordinance adopting Code; Ordinance 1421 adopted 12/3/18)
The fire chief 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 commenced within twenty-four (24) hours, not including Sunday, of the occurrence of such fire.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.03)
The fire chief, when in his opinion further investigation is necessary, shall make 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 same to be reduced to writing.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.04)
The fire chief shall have the power to summon witnesses before him to testify in relation to any matter which is, by the provisions of this section, a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto. The fire chief is hereby authorized and empowered to administer oaths and affirmation to any persons appearing before him as witnesses.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.05)
All investigations held by or under the direction of the fire chief 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.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.06)
If the fire chief 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 any 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 the information obtained by him including a copy of all pertinent and material testimony taken in the case.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.07)
Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of the fire chief 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 chief in the matter of such investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation, shall be deemed guilty of a misdemeanor, and it shall be the duty of the fire chief to cause all such offenders to be prosecuted.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.08)
The fire chief shall have the authority, at all times of the 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.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.09)
The fire chief upon the complaint of any person having an interest in any building or property adjacent thereto, or without any complaint, shall have the 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 upon and make, 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 conditions, 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 the fire would endanger other 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 electrical wiring or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflammable refuse materials, wastepaper, rags or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to firemen combating a fire or to 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. If said owner or occupant deems himself aggrieved by such order he may, within five (5) days, appeal such order to the mayor, who shall investigate the cause of the complaint and, unless such order is revoked by the mayor, such order shall remain in force and be forthwith complied with by said owner or occupant. Any owner or occupant who fails to comply with such order within a ten (10) day period from the date of such notice shall be deemed guilty of a misdemeanor.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.10)
The fire chief 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 amounts of the loss, which may be determined by the investigation required by this article.
(1996 Code of Ordinances, Chapter 5, Article 1.00, Section 1.11)