The office of fire marshal is hereby created.
(1965 Code, sec. 9-40; 1989 Code,
sec. 7-26)
The office of fire marshal shall be filled by appointment by
the mayor, by and with the consent of the city council.
(1965 Code, sec. 9-41; 1989 Code,
sec. 7-27)
The fire marshal shall be properly qualified for the duties
of his or her office and shall be removed at all times and for any
reason.
(1965 Code, sec. 9-42; 1989 Code,
sec. 7-28; Ordinance adopting Code)
The fire marshal shall investigate the cause, origin and circumstances
of every fire occurring within the 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.
(1965 Code, sec. 9-43; 1989 Code,
sec. 7-29)
(a) The
fire marshal, when in his or her 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.
(b) The
fire marshal is hereby authorized and empowered to administer oaths
and affirmations to any person appearing as witnesses before him or
her.
(1965 Code, sec. 9-44; 1989 Code,
sec. 7-30)
The fire marshal shall have the power to summon witnesses before
him or her 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.
(1965 Code, sec. 9-45; 1989 Code,
sec. 7-31)
All investigations held by or under the direction of the fire
marshal may, in his or her 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.
(1965 Code, sec. 9-46; 1989 Code,
sec. 7-32)
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 or her 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.
(1965 Code, sec. 9-50; 1989 Code,
sec. 7-36)
If the fire marshal is 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 or she 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 or her, including a copy of all pertinent
and material testimony taken in the case.
(1965 Code, sec. 9-47; 1989 Code,
sec. 7-33)
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 authorized
by this article, after being summoned to give testimony in relation
to any matter under investigation as aforesaid, shall be deemed guilty
of a violation, and it shall be the duty of the fire marshal to cause
all such offenders to be prosecuted.
(1965 Code, sec. 9-48; 1989 Code,
sec. 7-34)
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 or her 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 or she 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 or she 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 firefighters
or occupants, he or she 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 such owner or occupant deems himself
or herself aggrieved by such order, he or she may, within five (5)
days, appeal to the mayor, who shall investigate the cause of the
complaint, and, unless by his or her authority the order is revoked,
such order shall remain in force and be forthwith complied with by
the owner or occupant. Any owner or occupant who fails to comply with
such notice shall be guilty of a violation.
(1965 Code, sec. 9-49; 1989 Code,
sec. 7-35)
The fire marshal shall keep in his or her office a record of
all fires, together with all facts, statistics and circumstances,
including the origin of the fires and the amount of loss, which may
be determined by the investigation required by this article.
(1965 Code, sec. 9-51; 1989 Code,
sec. 7-37)
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 city during the month.
(1965 Code, sec. 9-52; 1989 Code,
sec. 7-38)