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 for the duties of his
office and shall be subject to removal at all times and for any reason.
He shall receive an annual salary, as full compensation for his services.
(1990 Code, sec. 9-71; Ordinance
adopting 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 twenty-four (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 required investigation.
(1990 Code, sec. 9-72)
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 the
[any] 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 the witnesses and all of the information obtained
by him, including a copy of all pertinent and material testimony taken
in the case.
(1990 Code, sec. 9-73)
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 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.
(1990 Code, sec. 9-74)
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 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. Any person being convicted of any such misdemeanor shall be fined in a sum in accordance with section 1.01.009. However, any person so convicted shall have the right of appeal.
(1990 Code, sec. 9-75)
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.
(1990 Code, sec. 9-76)
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 the same, which authority shall be
exercised only with reason and good discretion.
(1990 Code, sec. 9-77)
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 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 other 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 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 firemen 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.
However, if the 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 the owner or occupant.
(1990 Code, sec. 9-78)
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 another, or who shall keep or maintain any building or 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 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 firemen, or occupants of such building, structure or premises other than the maintainer thereof, shall be punished as prescribed in section 1.01.009 of this code.
(1990 Code, sec. 9-79)
