The office of fire marshal is hereby created, the fire marshal
reporting directly to the mayor and city commission. Such office shall
be filled by appointment of the mayor and city commission. The fire
marshal shall be properly qualified for the duties of his office.
He shall receive an annual salary as specified by the city commission.
(1978 Code, sec. 12-20)
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 such fire was the result of carelessness or design. Such investigation
shall begin within twenty-four (24) hours, not including Sundays,
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.
(1978 Code, sec. 12-21)
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 the information obtained by him,
including a copy of all pertinent and material testimony taken in
the case.
(1978 Code, sec. 12-22)
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.
(1978 Code, sec. 12-23)
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 such offenders to be prosecuted. Any person being convicted of any such misdemeanor shall be fined in a sum not exceeding the amount in section 1.01.009; provided, however, any person so convicted shall have the right of appeal.
(1978 Code, sec. 12-24)
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 room or 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.
(1978 Code, sec. 12-25)
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.
(1978 Code, sec. 12-26)
(a)
The
fire marshal or fire chief, 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.
(b)
Whenever
the fire chief or fire marshal, after inspection of any building or
structure or premises in the city, finds, because of deterioration,
age, lack of repairs or having therein or thereon electrical wires
or equipment improperly installed, electric wiring or equipment out
of repair, defective chimneys, defective gas connections or appliances,
defective heating apparatus, inadequate means of egress or dangerous
accumulations or hazardous conditions present a fire hazard or render
said buildings, structures or premises liable to fire, or which buildings
or structures or premises are so situated or occupied, or in such
condition of disorder or disrepair, either from the exterior or interior,
as to endanger said buildings, structures or premises or buildings,
structures or premises or property located elsewhere, or human life,
from a fire in or on such building, structure or premises, the chief
of the department or fire marshal shall cause to be served written
notice and order on the owner or occupant or person responsible therefor,
to remove such fire hazard by rearranging, repairing or demolishing
the condemned buildings or structures, or by repairing the equipment
therein or by changing the occupancy therein or by clearing the premises
of dangerous accumulations or hazardous conditions in such a way as
to remove such fire hazard.
(c)
Such
order shall be forthwith complied with by the owner or occupant of
such building or premises; provided, however, if said owner or occupant
deems himself aggrieved by such order, he may, within five (5) days,
appeal to the city commission, which shall investigate the cause of
the complaint, unless by its authority the order is revoked, and if
sustained such order shall remain in force and be forthwith complied
with by said owner or occupant.
(1978 Code, sec. 12-27; Ordinance
adopting Code; Ordinance 660, sec.
12, adopted 10/12/04; Ordinance
adopting Code)
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 person 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, chemicals, vegetable products, ashes, combustibles, inflammable materials, 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 firefighters, or occupants of such building, structure or premises other than the maintainer thereof, shall be punished as provided in section 1.01.009.
(1978 Code, sec. 12-29)
