The office of fire marshal is hereby created. The fire marshal
shall be appointed by the town manager and shall be properly qualified
for the duties of his office.
(1998 Code, sec. 33.15)
The fire marshal shall investigate the cause, origin and circumstances
of every fire occurring within this town 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 begin 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.
(1998 Code, sec. 33.16)
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 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.
(1998 Code, sec. 33.17)
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.
(1998 Code, sec. 33.18)
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.
(1998 Code, sec. 33.19)
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.
(1998 Code, sec. 33.20)
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.
(1998 Code, sec. 33.21)
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 town,
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
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, or 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 firefighter 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 said building or premises.
Provided, however, that if said owner or occupant deems himself aggrieved
by such order, he may, within five 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. At the end of each month
the fire marshal shall report to the state fire marshal all existing
hazardous conditions, together with a separate report on each fire
in the town during the month.
(1998 Code, sec. 33.22)
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 violation.
(1998 Code, sec. 33.23)
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, combustible,
inflammable materials, or refuse, or with other conditions 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
maintainer thereof, shall be deemed guilty of a violation.
(1998 Code, sec. 33.24)
No prosecution shall be brought under sections 5.03.009 and 5.03.010 of this article until the order provided for in section 5.03.008 has been given and the party notified shall fail or refuse to comply with the same.
(1998 Code, sec. 33.25)
Every day’s maintenance of any of the conditions prohibited
in any of the foregoing sections shall be a distinct and separate
offense.
(1998 Code, sec. 33.26)
