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,
within 7 days after this article shall take effect. 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.
(Ordinance adopted 5/21/47, sec.
1; 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 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 investigation required by this article.
(Ordinance adopted 5/21/47, sec.
2)
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
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 witnesses and all of the information obtained by him, including
a copy of all pertinent and material testimony taken in the case.
(Ordinance adopted 5/21/47, sec.
3)
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.
(Ordinance adopted 5/21/47, sec.
4)
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 said 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 not
exceeding twenty-five dollars ($25.00). Provided, however, that any
person so convicted shall have the right of appeal.
(Ordinance adopted 5/21/47, sec.
5)
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.
(Ordinance adopted 5/21/47, sec.
6)
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.
(Ordinance adopted 5/21/47, sec.
7)
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, 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 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, 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.
Provided, however, that if said 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 said owner or occupant. 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.
(Ordinance adopted 5/21/47, sec.
8)
Any owner or occupant of a building or other structure or premises
who 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, shall be punished by a fine of not less than ten dollars
($10.00) nor more than fifty dollars ($50.00).
(Ordinance adopted 5/21/47, sec.
9)
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 others; or who shall 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, 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 by a
fine of not less than ten dollars ($10.00) nor more than fifty dollars
($50.00).
(Ordinance adopted 5/21/47, sec.
10)
No prosecution shall be brought under sections 5.02.009 and 5.02.010 of this article until the order provided for in section 5.02.008 be given and the party notified shall fail or refuse to comply with the same.
(Ordinance adopted 5/21/47, sec.
11)
The penalties provided for herein 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.
(Ordinance adopted 5/21/47, sec.
12)
Every day’s maintenance of any of the conditions prohibited
in any of the foregoing sections shall be a distinct and separate
offense.
(Ordinance adopted 5/21/47, sec.
13)
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.
(Ordinance adopted 5/21/47, sec.
14)
