The office of fire marshal is hereby created. Such office shall
be independent of other city departments, the fire marshal reporting
directly to the city council. Such office shall be filled by appointment
by the city council. The said fire marshal shall be properly qualified
for the duties of his office and may be removed at the will of the
city council. He shall be compensated as set by ordinance by the city
council from time to time.
(Ordinance 24, § 1; Ordinance 84-168-4, § I(1),
adopted 3/27/1984)
The office of deputy fire marshal is hereby created, with the
same powers and duties of the fire marshal. Such office shall be independent
of other city departments, the deputy fire marshal reporting directly
to the city council. The city council shall determine from time to
time, by resolution, the number of deputy fire marshals. Such office
shall be filled by appointment by the city council. The said deputy
fire marshal shall be properly qualified for the duties of his office,
and shall be removed at the will of the city council. He shall be
compensated as set by ordinance by the city council from time to time.
(Ordinance 24, § 2; Ordinance 84-168-4, § I(2),
adopted 3/27/1984)
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 24, § 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 said fire marshal is hereby authorized and empowered to administer
oaths and affirmations to any persons appearing as witnesses before
him.
(Ordinance 24, § 4)
Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of said fire marshal, or who falls 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 demeanor shall be fined according the general penalty found in section
1-13; provided, however, that any person so convicted shall have the right of appeal.
(Ordinance 24, § 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 24, § 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 24, § 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 said building or premises;
provided, however, that if said owner or occupant deems himself aggrieved
by such order, he may, within five days, appeal to the city council,
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 separate report on
each fire in the city during the month.
(Ordinance 24, § 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 as provided in section
1-13.
(Ordinance 24, § 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, 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
1-13.
(Ordinance 24, § 10)
No prosecution shall be brought under sections
14-81 and
14-82 until the order provided for in section
14-80 is given, and the party notified shall fail or refuse to comply with the same.
(Ordinance 24, § 11)
(a) 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.
(b) Every
day's maintenance of any of the conditions prohibited in any of the
foregoing sections shall be a distinct and separate offense.
(Ordinance 24, §§ 12,
13)