The office of fire marshal is hereby created. The fire marshal
shall be appointed and may be removed by the city manager.
(1966 Code, ch. 6.0, art. III, sec. 1; 1994 Code, sec. 93.85)
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 the fire was the result of carelessness or design. The investigation
shall begin within 24 hours, not including Sunday, of the occurrence
of the 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.
(1966 Code, ch. 6.0, art. III, sec. 2; 1994 Code, sec. 93.65)
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
the fire, he shall cause the person to be lawfully arrested and charged
with the offense or either of them, and shall furnish to the proper
prosecuting attorney all the 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.
(1966 Code, ch. 6.0, art. III, sec. 3; 1994 Code, sec. 93.66)
(a) The
fire marshal shall have the power to summon witnesses before him to
testify in relation to any matter which is by the sections 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.
(b) 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 the 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 the offenders to be prosecuted.
(1966 Code, ch. 6.0, art. III, secs. 4, 5; 1994 Code, sec. 93.67)
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.
(1966 Code, ch. 6.0, art. III, sec. 7; 1994 Code, sec. 93.68)
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 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 firefighters
or occupants, he shall order the same to be removed or remedied, and
the order shall be forthwith complied with by the owner or occupant
of the building or premises. Provided, however, that if the owner
or occupant deems himself aggrieved by the 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, the
order shall remain in force and be forthwith complied with by the
owner or occupant.
(1966 Code, ch. 6.0, art. III, sec. 8; 1994 Code, sec. 93.69)
(a) No
owner or occupant of a building or other structure or premises 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.
(b) No
owner or occupant of any building or other structure or premises 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, nor shall any owner or occupant 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, chemical 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 the building, structure or premises
other than the maintainor thereof.
(c) No prosecution shall be brought under subsections
(a) and
(b) above until the order provided for in section
6.02.006 be given and the party notified shall fail or refuse to comply with the same.
(1966 Code, ch. 6.0, art. III, secs. 9–11; 1994 Code, sec. 93.70)
Every day’s maintenance of any of the conditions prohibited
in any of the foregoing sections shall be a distinct and separate
offense.
(1966 Code, ch. 6.0, art. III, sec. 13; 1994 Code, sec. 93.71)
(a) All
misdemeanors herein provided for shall be prosecuted, and all fines
and forfeitures herein provided for shall be recovered and enforced,
in the same manner as provided by law for the enforcement of fines,
forfeitures, penalties and punishments for offenses generally against
the city.
(b) The penalties provided for in section
1.01.009 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.
(1966 Code, ch. 6.0, art. III, secs. 12, 14; 1994 Code, sec. 93.72)