The office of fire marshal is hereby created. Such office shall
be independent of other city departments, the fire marshal reporting
directly to the governing body. Such office shall be filled by appointment
by the governing body. The fire marshal shall be properly qualified
for the duties of his office and shall be subject to removal at any
time by the city council.
(1979 Code of Ordinances, Chapter 10, Sec. 10-20; Ordinance adopting Code)
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 be begun within twenty-four (24) hours not including Sunday,
of the occurrence of such fire. The fire marshal shall keep in his
office a record of all fires occurring within the city, together with
all facts, statistics and circumstances, including the origin of the
fires and the amount of loss which may be determined by the investigation
required by this article. Such record shall at all times be open to
public inspection.
(1979 Code of Ordinances, Chapter 10, Sec. 10-21)
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 as to which an examination
is hereby required to be made, 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 arrested and charged with such offense, 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.
(1979 Code of Ordinances, Chapter 10, Sec. 10-22)
The fire marshal shall have the power to summon and compel the
attendance of 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 being pertinent thereto.
(1979 Code of Ordinances, Chapter 10, Sec. 10-23)
The fire marshal is hereby authorized and empowered to administer
oaths and affirmations to any persons appearing as witnesses before
him. False swearing in any matter or proceeding aforesaid shall be
perjury and shall be punished as such. Any witness who refuses to
be sworn, or who refuses to 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 investigation, or who is guilty
of any contemptuous conduct 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 make complaint against such person.
(1979 Code of Ordinances, Chapter 10, Sec. 10-24)
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 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.
(1979 Code of Ordinances, Chapter 10, Sec. 10-25)
The fire marshal shall have the authority at all times of day
or night in the performance of the duties imposed upon him by the
provisions of this article to enter upon and examine any building
or premises when any fire has occurred, and other buildings and premises
adjoining or near the same.
(1979 Code of Ordinances, Chapter 10, Sec. 10-26)
The fire marshal, upon complaint of any person having an interest
in any building or property adjacent thereto 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 is 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, combustibles,
flammables and refuse materials or other conditions which in his opinion
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, if the owner or occupant deems himself aggrieved
by such order, he may within five (5) days appeal to the city administrator,
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.
(1979 Code of Ordinances, Chapter 10, Sec. 10-27)
