A Division of Fire Prevention within the Fire
Department of the Village is hereby created.
The Board of Trustees is authorized to appoint
and to designate from the membership of the Fire Department an officer
to be known as the "Fire Marshal."
The Fire Marshal appointed pursuant to the provisions of § 138-9 shall have the power.
A.
To enforce any and all rules and regulations of this
article.
B.
To sign any and all notices or other instruments pertaining
to this article.
C.
To detail others to assist in inspections or other
matters pertaining thereto.
D.
To keep a record of all inspections and other data
pertaining thereto.
E.
To perform such other duties as may from time to time
be ordered either by the Board of Trustees or the Chief of the Fire
Department.
The Division of Fire Prevention shall be operated
under the Chief of the Fire Department. Such Chief is empowered and
authorized to assign as many members of the uniform force to make
inspections and perform other fire prevention work hereinafter provided
for as he deems necessary for the proper performance of the functions
and duties of the Division.
It shall be the duty of the Division of Fire
Prevention to enforce all laws and ordinances of the state and Village
covering the following:
A.
The prevention of fire.
B.
The storage and use of explosives and flammables.
C.
The installation and maintenance of automatic and
other fire alarm systems and fire extinguishers and equipment.
D.
The maintenance and regulation of fire escapes.
E.
The means and adequacy of exits in case of fire from
factories, schools, hotels, lodging houses, asylums, hospitals, churches,
halls, theaters and all other places in which numbers of persons work,
live or congregate from time to time for any purpose.
F.
The investigation of causes, origin and circumstances
of fires.
G.
The conducting of fire prevention campaigns and the
preparation and circulation of fire prevention literature.
H.
Such other duties as are set forth in other sections
of this article and as may be conferred and imposed upon it from time
to time by law.
The Division of Fire Prevention shall investigate
the cause, origin and circumstances of every fire occurring in the
Village by which property has been destroyed and damaged and, so far
as possible, shall determine whether the fire is the result of carelessness
or design. Such investigation shall be begun immediately upon the
occurrence of any fire. The investigation shall be conducted by the
Chief of the Fire Department, who shall immediately take charge of
the physical evidence, shall notify the proper authorities designated
by law to pursue the investigation of such matters and shall further
cooperate with the authorities in the collection of evidence and the
prosecution of the case.
Every fire occurring within the Village shall
be reported in writing to the Division of Fire Prevention within two
days after the occurrence of the same by the officer in whose jurisdiction
such fire has occurred. Such report shall be in such form as shall
be prescribed by the Chief of the Fire Department and shall contain
a statement of all facts relating to the cause, origin and circumstances
of such fire, the extent of the damage thereof, the insurance upon
such property and such other information as shall be required.
The Division of Fire Prevention is hereby empowered
and authorized, at any and all reasonable times and as often as necessary,
to enter upon and into any premises, buildings and structures within
the limits of the Village, except the interior of private dwellings,
for the purpose of examining and inspecting the same to ascertain
the condition thereof with regard to the presence and arrangements
of deposits of any articles, materials, substances, goods, wares or
merchandise which may have a tendency to create danger of or from
fire in such premises, buildings or structures or to create danger
in case of fire on or in the same or personal injury to or loss of
life of the occupants of or persons on or in such premises, buildings
or structures; also with regard to the condition, size, arrangement
and efficiency of any and all appliances for protection against fire
on or in such premises, buildings or structures; also with regard
to any violations of any ordinances dealing with fire hazard.
Any person refusing to permit entrance and inspection by the Division of Fire Prevention as provided in § 138-15 or who shall interfere with or hinder the same shall be guilty of a violation of this article.
It shall be duty of the Division of Fire Prevention
to inspect:
A.
As often as necessary, but not less than one time
per year, all especially hazardous manufacturing processes, storages
or installations of acetylene or other gases, chemicals, oils, explosives
and flammable materials, all interior fire alarms and automatic sprinkler
systems and such other hazards and appliances as the Chief of the
Fire Department shall designate.
B.
As often as necessary, but not less than twice a year
in outlying districts and four times a year in the closely built portions
of the Village, all buildings, premises and public thoroughfares,
except the interior of private dwellings.
C.
Upon the complaint of any citizen, any premises, building
or structure within the Village, except the interior of private dwellings.
The Division of Fire Prevention shall report
in writing to the Chief of the Fire Department the results of inspections
made under the provisions of this article.
If the Chief of the Fire Department or members
of the Division of Fire Prevention shall find, upon inspection of
any premises, building or structure, any rubbish, debris, waste or
flammable or combustible materials and that the same is not so arranged
or disposed of so as to afford reasonable safeguard against the danger
of fire, or goods, wares and merchandise on or in such premises, building
or structure, or that the same are so arranged and disposed that the
occupants thereof or persons rightfully in or on such premises would
not, because of such arrangement and disposition, be afforded reasonable
access to the exits of such premises, building or structure in case
of fire, or, if it is found that, by reason of such arrangement or
disposition of such materials, the members of the Fire Department
would unnecessarily or unreasonably be interfered with in the exercise
of their duties in and about such premises, building or structure
in the case of fire in the same, the Chief or the Fire Marshal may
order, in writing, the removal of such rubbish, debris, waste or flammable
or combustible materials from such premises, building or structure
or the disposing or arranging of the same on or in such premises,
building or structure in such manner as will remove danger from fire.
The Chief of the Fire Department or the Fire Marshal may also order,
in writing, that such articles, materials, goods, wares or merchandise
be so arranged and disposed on or in such premises, building or structure
that the occupants thereof, or the persons rightfully in or on the
same, will be afforded all reasonable access to the exits from the
same in case o fire, and the members of the Fire Department will be
afforded all reasonable facilities for the discharge of their duties
in and about such premises, building and structure in the case of
fire.
If the Chief of the Fire Department or members
of the Division of Fire Prevention shall find that the appliances
on or in any premises, building or structure for the protection against
fire are not in proper condition or are of insufficient size or number
or are otherwise insufficient for the purpose for which the same are
designated or intended or shall find that such appliances are reasonably
necessary for the protection of such premises, building or structure
and are wholly wanting, the Chief or the Fire Marshal shall order,
in the case of such improper condition or insufficiency, that the
same be placed in proper condition and rendered reasonably sufficient
to afford reasonable protection against fire, and, in the case of
absence of such appliances where it is found that they are reasonably
necessary for protection against fire, the Chief shall order the installation
of such appliances sufficient to afford such reasonable protection
in the case of fire to such premises, building or structure and to
the occupants thereof or persons rightfully on or in the same.
Should any owner, lessee or occupant of any
premises, building or structure, or the owner or person in control
of any materials, goods, wares or merchandise, consider himself aggrieved
by the orders of the Chief of the Fire Department or the Fire Marshal,
such person may, within 24 hours after such order has been served
on him, appeal to the Board of Trustees, who shall thereupon make
such order in regard to the premises as it may deem right and reasonable,
and such order shall be final.
The orders provided for in §§ 138-19 through 138-21 shall be directed to the owner, lessee or occupant of the premises, building or structure or to the owner or person in control of the articles, materials, goods, wares or merchandise herein referred to as the circumstances may require. The service of an order or notice required in this article shall be made by mailing a copy thereof to the last known address of the owner of the premises in question or his duly authorized agent or by mailing or delivering a copy thereof to the owner, occupant or person in charge or by delivering a copy thereof to any person of suitable age and discretion in charge or apparently in charge of the premises or, if no person is found in charge of the premises, then by affixing a copy of such order or notice in a prominent place on the exterior of such premises.
It is hereby made the duty of the owner, lessee
or occupant of any premises, building or structure and of such person
in control of such articles, materials, goods, wares and merchandise
or the owner thereof, who is served with an order or notice pursuant
to the provisions of this article, to comply with such order or notice
within the time and in the manner directed and specified in such order
or notice.
A.
Liability. In the event of a fire resulting directly
or indirectly from any omission or neglect to comply properly with
any written order of the Chief of the Fire Department or the Fire
Marshal as provided in this article, any owner, lessee, occupant or
person culpable or negligent in respect thereto shall be liable to
the Village for the payment of all costs and expenses of the Fire
Department incurred in an about the use of employees, apparatus and
materials in the extinguishment of any fire resulting from such cause.
B.
Collection. The amount of such costs and expenses
shall be fixed by the Chief of the Fire Department and shall be collected
by him in a civil action wherein the Village shall be plaintiff and
the party culpable or negligent as above set forth shall be defendant.
C.
Disposition. When collected, such costs and expenses
shall be paid into the Village treasury and credited to the Fire Fund.
