(a)
The
office of fire marshal is created.
(b)
The fire marshal shall have the qualifications as specified in section 5.02.001(b).
(c)
The fire marshal shall be appointed in accordance with the procedure specified in section 5.02.001(b).
(2001 Code, sec. 26-71)
(a)
The
fire marshal shall investigate the cause, origin and circumstances
of every fire occurring in this city by which property has been destroyed
or damaged and shall make investigation as to whether such fire was
the result of carelessness or design.
(b)
Such
investigation shall begin within 24 hours, not including Sunday, of
the occurrence of such fire.
(c)
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 fire and the amount of the loss, which may be determined by
the investigation required by this article.
(2001 Code, sec. 26-72)
(a)
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.
(b)
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. 26-73)
(a)
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
of the matter under investigation. He shall cause the testimony to
be reduced to writing.
(b)
If
he shall be of the opinion that there is evidence sufficient to charge
any person with the crime of arson, attempt to commit arson, conspiring
to defraud, or criminal conduct in connection with any fire, he shall
cause the person to be lawfully arrested and charged with such offense.
(c)
He
shall furnish to the proper prosecuting attorney all 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.
(2001 Code, sec. 26-74)
(a)
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.
(b)
The
fire marshal is authorized and empowered to administer oaths and affirmations
to any persons.
(2001 Code, sec. 26-75)
(a)
Offenses.
It shall be unlawful for any witness to refuse
to be sworn, refuse to appear or testify, disobey any lawful order
of the fire marshal, fail or refuse to produce any book, paper or
document touching any matter under examination, or conduct himself
in a contemptuous manner during the proceedings of the fire marshal
in the matter of an investigation or inquiry after being summoned
to give testimony in relation to any matter under investigation as
aforesaid.
(b)
Duty to prosecute.
It shall be the duty of the fire
marshal to cause all such offenders to be prosecuted.
(c)
Penalty.
Any person convicted of any violation of this
section shall be subject to the penalty awarded by the municipal court
or agency with jurisdiction.
(d)
Right of appeal.
Any person convicted under the provisions
of this section shall have the right of appeal.
(2001 Code, sec. 26-76)
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 site of the fire. This authority
shall be exercised only with reason and good discretion.
(2001 Code, sec. 26-77)
The fire marshal, upon complaint of any person having an interest
in any building or property adjacent, or without complaint, shall
have a right to enter into and upon all buildings and premises within
the city at all reasonable hours for the purpose of examination.
(2001 Code, sec. 26-78)
It shall be the duty of the fire marshal 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 to such buildings, as often as necessary to protect
the health and welfare of the occupants, visitors and customers.
(2001 Code, sec. 26-79)
Whenever the fire marshal shall find any building or other structure
which, for want of repair, or by reason of age or dilapidation 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, he shall order it removed or remedied.
(2001 Code, sec. 26-80)
Whenever the fire marshal shall find any of the following conditions
or other conditions which may be dangerous in character or liable
to cause or promote fire or create conditions dangerous to the firefighter
or occupant, he shall order it removed or remedied:
(1)
Heating devices.
An improper or dangerous arrangement
of stoves, ranges, furnaces or other heating appliances, electric
wiring, natural gas pipes or any other apparatus or appliance of whatever
nature or kind, including chimneys, flues and pipes with which they
may be connected.
(2)
Lighting devices.
A dangerous arrangement of lighting
devices or systems.
(3)
Power devices.
Any power devices or motors in a dangerous
condition or arrangement.
(4)
Explosives and flammable materials.
A dangerous or unlawful
storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous
chemicals, vegetable products, ashes, or combustible, flammable and
refuse materials.
(2001 Code, sec. 26-81)
(b)
If
the owner or occupant deems himself aggrieved by such order, he may,
within five days, appeal to the city council.
(c)
The
city council shall investigate the cause of the complaint, and, unless
the city council revokes the order, such order shall remain in force
and be forthwith complied with by the owner or occupant.
(2001 Code, sec. 26-82)
It shall be unlawful for any owner or occupant of a building
or other structure or premises to keep or maintain the building, structure
or premises 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.
(2001 Code, sec. 26-83)
It shall be unlawful for any owner or occupant of any building
or other structure or premises to keep or maintain the building, structure
or premises with an improper arrangement of stoves, ranges, furnaces
or other heating appliances of any kind whatever, including chimneys,
flues and pipes with which they may be connected, so as to be dangerous
in the matter of fire, health or safety of persons or the property
of others, or to keep or maintain any building, other structure or
premises with an improper arrangement of a lighting device or system,
or with storage of explosives, petroleum, gasoline, kerosene, chemicals,
vegetable products, ashes, combustibles, flammable materials or refuse,
or with any other condition which shall be dangerous in character
to persons, health or the 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 buildings, structures or premises.
(2001 Code, sec. 26-84)
Every day’s maintenance of any of the conditions prohibited in sections 5.03.010 and 5.03.011 shall be a distinct and separate offense.
(2001 Code, sec. 26-85)
No prosecution shall be brought under sections 5.03.010 and 5.03.011 until the order provided for in sections 5.03.009 through 5.03.011 shall be given and the party notified shall fail or refuse to comply with the order.
(2001 Code, sec. 26-86)
All violations of sections 5.03.010, 5.03.011 and 5.03.013 shall be prosecuted and all fines and forfeitures shall be recovered and enforced in the same manner as provided by law for the enforcement of fines, forfeitures, penalties and punishments for offenses against the city.
(2001 Code, sec. 26-87)
