The office of fire marshal is hereby created. Such office shall
be independent of other city departments, the fire marshal reporting
to the city manager. Such office shall be filled by appointment by
the city manager. The fire marshal shall be properly qualified for
the duties of his office, and shall be removed at any time for any
reason. He shall receive such compensation as may be fixed by the
city council.
(1977 Code, sec. 8-1; Ordinance
adopting 2004 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, 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.
(1977 Code, sec. 8-2)
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 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.
(1977 Code, sec. 8-3)
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.
(1977 Code, sec. 8-4)
Any witness who refuses to be sworn or 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 the 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.
(1977 Code, sec. 8-5)
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.
(1977 Code, sec. 8-6)
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.
(1977 Code, sec. 8-7)
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 firefighters 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 the building
or premises. Provided, however, that, if the owner or occupant deems
himself aggrieved by such order, he may, within five (5) days, appeal
to the city manager, 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 the 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 separate
reports on each fire in the city during the month.
(1977 Code, sec. 8-8)
(a) 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, or 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 deemed guilty of a misdemeanor.
(b) 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 whatsoever,
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 firefighters
or occupants of such building, structure, or premises other than the
maintainer thereof, shall be deemed guilty of a misdemeanor.
(1977 Code, sec. 8-9; 1977 Code,
sec. 8-10)
No prosecution shall be brought under section
5.03.009 of this article until the order provided for in section
5.03.008 be given, and the party notified shall fail or refuse to comply with the same.
(1977 Code, sec. 8-11)