§ 6-2. Fire marshal.

(a)

Office of the fire marshal. The office of the fire marshal shall be a division of the fire department and shall also be known as the fire prevention education division. The fire marshal shall report directly to the fire chief.

(b)

Appointment, qualifications, removal and compensation. The fire marshal shall be appointed by the city manager. The fire marshal shall be properly qualified for the duties of his office and shall have all the rights and remedies of other employees. He shall receive such compensation as provided for by the city's compensation plan.

(c)

Duty to investigate fires. 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 the result of carelessness or design. Such investigation shall be commenced within 24 hours of the occurrence of such fire.

(d)

Fire marshal to take testimony. 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 in writing.

(e)

Authority to summon witnesses and require production of evidence. 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 section, a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto. The fire marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing before him as witnesses.

(f)

Investigations by fire marshal may be private. 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.

(g)

Duty when evidence indicates crime in connection with fire. If the fire marshal 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 any 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.

(h)

Misconduct of witnesses summoned by fire marshal. 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, shall be deemed guilty of a misdemeanor, and it shall be the duty of the fire marshal to cause such offenders to be prosecuted.

(i)

Right of entry by fire marshal. The fire marshal shall have the authority, at all times of the day or night, when necessary in the performance of the duties imposed upon him by the provisions of this section, 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.

(j)

Inspection of premises; ordering removal or repair of dangerous conditions. The fire marshal, upon the complaint of any person having an interest in any building or property adjacent thereto, or without any complaint, shall have the 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 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, 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 electrical wiring, or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible, inflammable refuse materials, wastepaper, rags or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to firemen or to 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 the building or premises. If said owner or occupant deems himself aggrieved by such order he may, within five days, appeal such order to the city council, who shall investigate the cause of the complaint and, unless by their authority such order is revoked, such order shall remain in force and be forthwith complied with by said owner or occupant. Any owner or occupant who fails to comply with such order shall be deemed guilty of a misdemeanor.

(k)

Records of fires to be kept by fire marshal. 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 amounts of loss which may be determined by investigation as is required by the state fire marshal's office.

(l)

Monthly report to be submitted by fire marshal. At the end of each month the fire marshal shall report to the state fire marshal's office an inspection report as required by the state fire marshal together with a separate report on each fire call in the city during the month.

(Code 1968, §§ 11-39—11-46; Ord. No. 1406, 3-19-85; Ord. No. 2022, Art. I, 7-18-00)