The office of fire marshal is hereby created. The office will
be independent of all other city offices or departments. The fire
marshal will report directly to the mayor and, as necessary, to the
city council. The fire marshal shall be appointed by the mayor, with
consent of the city council.
(Ordinance 680-14 sec. 2, adopted 4/8/14)
(a)
The
fire marshal shall investigate the cause, origin and circumstances
of every fire occurring within the city where property has been destroyed
or damaged by fire or explosion, and shall determine whether such
fire or explosion was a negligent, intentional or reckless act. Any
investigation shall commence within twenty-four (24) hours, not including
Sunday, of the occurrence of such fire. The fire marshal shall maintain
a record of all fires, together with all facts, statistics, and circumstances,
including the origin of the fire or explosion and the amount of the
loss.
(b)
If
the fire marshal determines that further investigation of a fire or
of an attempt to set a fire is necessary, the fire marshal may:
(1)
Subpoena witnesses to testify regarding the fire or attempt;
(2)
Administer oaths to witnesses;
(3)
Take and preserve written statements, affidavits, and depositions;
and
(4)
Require the collection of evidence and production of documents, whether
written or electronically stored, that are pertinent to the investigation.
(Ordinance 680-14 sec. 2, adopted 4/8/14)
A person commits an offense if the person is a witness in connection with an investigation under section 5.02.002 above and refuses to be sworn, refuses to appear and testify, or fails and refuses to produce to the fire marshal any book, paper, or other document, whether written or electronically stored, relating to any matter under investigation, if instructed by the marshal to do so. An offense under this section is a misdemeanor punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 680-14 sec. 2, adopted 4/8/14; Ordinance adopting 2017 Code)
The fire marshal may file in a court of competent jurisdiction a complaint charging arson, attempted arson, conspiracy to defraud, or other related crimes against a person the marshal reasonably believes to be guilty. The fire marshal pursuant to section 5.02.003 above may file a complaint in a court of competent jurisdiction against a witness who refuses to cooperate with the investigation.
(Ordinance 680-14 sec. 2, adopted 4/8/14)
In the performance of official duties, the fire marshal, at
any time of the day, may enter and examine a structure where a fire
has recently occurred and may with reasonable cause examine adjacent
premises.
(Ordinance 680-14 sec. 2, adopted 4/8/14)
(a)
In
this section, “fire or life safety hazard” means any condition
that endangers the safety of a structure or its occupants and promotes
or causes fire or combustion, including:
(1)
The presence of a flammable substance;
(2)
A dangerous or dilapidated wall, ceiling, or other structural element;
(3)
Improper electrical components, heating, or other building services
or facilities;
(4)
The presence of a dangerous chimney, flue, pipe, main, or stove,
or dangerous wiring;
(5)
Dangerous storage, including storage or use of hazardous substances;
or
(6)
Inappropriate means of egress, fire protection, or other fire-related
safeguard.
(b)
In
the interest of public safety and fire prevention, the fire marshal
may inspect for fire or life safety hazards any structure, appurtenance,
fixture, or real property located within 500 feet of a structure,
appurtenance, or fixture. The fire marshal shall inspect a structure
for fire or life safety hazards if called upon to do so.
(Ordinance 680-14 sec. 2, adopted 4/8/14)
If the fire marshal determines the presence of a fire or life
safety hazard, the fire marshal may order the owner or occupant of
the premises to correct the hazardous situation. If ordered to do
so, an owner or occupant shall correct the hazardous situation in
accordance with the order.
(Ordinance 680-14 sec. 2, adopted 4/8/14)
In the interest of public safety and fire prevention, the fire
marshal shall, if required, and may, if requested, review the plans
of a business, single-family residence, multifamily dwelling, or retail
or commercial property for fire or life safety hazards.
(Ordinance 680-14 sec. 2, adopted 4/8/14)
The city council by ordinance may authorize a fee, in the amount
established by city council, to be paid by an applicant or the owner
of a business, a multifamily dwelling, or retail or commercial property
for a plan review or inspection conducted under this article, in a
reasonable amount determined by the city council to cover the cost
of the plan review or inspection.
(Ordinance 680-14, sec. 2, adopted 4/8/14; Ordinance adopting 2017 Code)
It is unlawful for any owner or occupant of a building or other structure or premises to 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. An offense under this section is a misdemeanor and punishment is by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day of violation is a separate offense.
(Ordinance 680-14, sec. 2, adopted 4/8/14; Ordinance adopting 2017 Code)
