The office of fire marshal shall be independent of the other city departments and the fire marshal shall report directly to the mayor and city council. Such office shall be filled by appointment by the mayor and with the consent of the city council. The said fire marshal shall be properly qualified for the duties of his office and shall be subject to removal at all times and for any reason.
(Ordinance 238 adopted 11/23/1953; 1989 Code, sec. 1.246; Ordinance adopting 2024 Code)
It shall be the duty of the fire marshal to 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 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 the loss, which may be determined by investigation.
(Ordinance 238 adopted 11/23/1953; 1989 Code, sec. 1.246)
It shall be the duty of the fire marshal, when in his opinion further investigation is necessary, to take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to the matter as to which an examination is herein required to be made, and shall cause the same to be reduced to writing. If the fire marshal shall be of the opinion that there is evidence sufficient to charge any person with crime of arson, or with the intent 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 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 238 adopted 11/23/1953; 1989 Code, sec. 1.246)
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 books or documents 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, and false swearing in any matter or proceedings 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 said fire marshal, or who fails or refuses to produce any book, paper or document touching any matter under consideration, 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 said person or persons so refusing to comply with the summons or order of said fire marshal before any justice of the peace, police magistrate, or any court of record within the city, and upon the filing of such complaint, such cause shall proceed in the same manner as other criminal cases. All investigations held by or under the direction of the fire marshal may in his direction [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 238 adopted 11/23/1953; 1989 Code, sec. 1.246)
The fire marshal shall have the authority at all times of day or night, in the performance of the duties imposed upon him, to enter upon and examine any building or premises where any fire has occurred, and other buildings and premises adjoining or near the same.
(Ordinance 238 adopted 11/23/1953; 1989 Code, sec. 1.246)
It shall be the duty of the fire marshal, upon complaint of any person having an interest in any building or property adjacent, to enter into and upon all buildings and premises within this city at reasonable hours for the purpose of examination. It shall be his 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 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, chemicals, vegetable products, ashes, combustibles, inflammable and refuse materials, or other conditions dangerous to the firemen or occupants, he shall order the same to be removed or remedied and such order shall be complied with by the owner or occupant of said building or premises; provided, however, that if the said 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 complied with by the said owner or occupant.
(Ordinance 238 adopted 11/23/1953; 1989 Code, sec. 1.246)