The office of fire marshal is hereby created, and such office
shall be independent of other city departments, the fire marshal reporting
directly to the city manager.
(2001 Code, sec. 5.101)
The fire marshal shall be appointed by the city council. The
fire marshal shall be properly qualified for the duties of his or
her office and shall be subject to removal at any time for any and
all reason(s). He or she shall receive such compensation as provided
for by the city council.
(2001 Code, sec. 5.102)
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 commenced within twenty-four (24) hours, not including Sunday,
of the occurrence of such fire.
(2001 Code, sec. 5.103)
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.
(2001 Code, sec. 5.104)
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 before him as witnesses.
(2001 Code, sec. 5.105)
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.
(2001 Code, sec. 5.106)
If the fire marshal 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.
(2001 Code, sec. 5.107)
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 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 marshal to
cause all such offenders to be prosecuted.
(2001 Code, sec. 5.108)
The fire marshal 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.
(2001 Code, sec. 5.109)
The fire marshal, 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 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 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, or combustible or 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.
(2001 Code, sec. 5.110)
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.
(2001 Code, sec. 5.111)
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.
(2001 Code, sec. 5.112)
