The office of fire marshal shall be independent of other city departments, the fire marshal reporting directly to the mayor and city council. Such office shall be filled by appointment by the mayor, by and with the consent of the city council. The fire marshal may be removed with or without cause. The fire marshal shall be an employee at will and shall receive no salary.
(Ordinance of 3/18/1999(2), art. III, § 7.14)
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 caused intentionally, carelessly or accidentally. Such investigation shall be begun within 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.
(Ordinance of 3/18/1999(2), art. III, § 7.15)
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. If control of the building or premises has been relinquished, entry must be in compliance with search and seizure law and applicable federal law.
(Ordinance of 3/18/1999(2), art. III, § 7.20)
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. 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, with the prior consent of the mayor and city attorney, cause such person to be lawfully arrested by the city police department or other peace officer and charged with such offense or either of them. He 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 of 3/18/1999(2), art. III, § 7.16)
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 authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.
(Ordinance of 3/18/1999(2), art. III, § 7.17)
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 such investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation as stated in section 42-65, 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 offense shall be punished as provided in section 1-15 of this Code. Provided, however that any person so convicted shall have the right of appeal.
(Ordinance of 3/18/1999(2), art. III, § 7.18)
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. Witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.
(Ordinance of 3/18/1999(2), art. III, § 7.19)
The fire marshal, upon complaint of any person having an interest in any building or property adjacent to a building, 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. 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 or other structures 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. 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, flammable 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 such building or premises. Provided, however, that if such owner or occupant deems himself aggrieved by such order, he may, within five days, appeal to the mayor, 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 such 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 a separate report on each fire in the city during the month.
(Ordinance of 3/18/1999(2), art. III, § 7.21)