The office of the Fire Marshal shall be filled by appointment by the City Manager, upon recommendation of the Fire Chief and consultation with the Mayor and Board of Commissioners. The Fire Marshal shall be properly qualified (job qualifications are attached to Ordinance 88-07 on file in the office of the City Secretary) for the duties of his office. He shall receive compensation for his services as set by the Board of Commissioners. (Ord. 88-07, 8-16-88; 1994 Code)
The Fire Marshal shall report directly to the Fire Chief. The Fire Marshal and the Fire Chief jointly may detail such members of the Fire Department as inspectors as, from time to time, may be necessary. The Fire Marshal shall also recommend any amendments to this Chapter which, in his judgment, shall be desirable. (Ord. 88-07, 8-16-88)
The Fire Marshal, upon complaint of any person having an interest in any building or property adjacent, and 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, annually or more often, to enter upon and make or cause to be entered upon and made, a thorough examination of all mercantiles, manufacturing and public buildings, together with the premises belonging thereto. If the owner or person otherwise in charge of any premises refuses to allow the entry of the Fire Marshal for the above purposes, the Fire Marshal may apply to the Municipal Court of the City for a search warrant to conduct the inspection and otherwise carry out the duties of the Fire Marshal hereunder.
A. Service Fee Rate Structure: The services provided by the Fire Marshal's Office shall be pursuant to the Fee Rate Structure as shown on Exhibit A, attached hereto. For any failed inspection(s) that induces a follow-up RE-INSPECTION service by the Fire Marshal, no such re-inspection shall occur until the owner/manager pays a re-inspection fee based on 50% of the standard inspection service fee of Exhibit A. Furthermore, the Fire Departments' false alarm response fee rates are reflected in Exhibit B.
(Note: Refer to Section 3-15-3 for initial and annual fire inspection fees for businesses.) (Ord. 88-07, 8-16-88; amd. Ord. 15-02-22, 2-15-2022; Ord. 39-06-22, 7-21-2022)
A. Findings; Order to Comply: Whenever the Fire Marshal 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 system or a dangerous or unlawful store 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 fireman or occupants, he shall order the same to be removed or remedied and such order shall be forthwith complied with by the owner/occupant of said building or premises.
B. Appeal Process: If the owner or occupant deems himself aggrieved by such order, he shall, within thirty (30) days, file a written notice of appeal to the Building Board of Adjustments and Appeals, which such Board of Adjustments and Appeals shall serve as the Fire Code Board of Adjustments and Appeals. Failure to file a written appeal shall constitute a waiver of any further administrative relief by the aggrieved party. Such Board of Adjustments and Appeals shall follow the procedures otherwise required of it and not in conflict herewith as set out in the Building Code as adopted and amended by the City 1 .
C. Enforcement; Penalty:
1. Enforcement by Board; Penalty: The Board of Adjustments and Appeals shall have the authority to revoke, revise or order the enforcement of any such order and any owner or person otherwise in charge of such building who fails to comply with such order shall be deemed guilty of a misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code, upon conviction for violation hereof.
2. Injunction: The City Attorney shall also have the authority to enforce the provisions hereof by injunctive relief filed in a court of competent jurisdiction. (Ord. 88-07, 8-16-88; 1994 Code)
Notes
1 | 1. See Title 9, Chapter 1 of this Code. |
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 punishment 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.
C. All misdemeanors herein provided for shall be prosecuted, all fines and forfeitures herein provided for shall be recovered and enforced in the same manner as provided by law for the enforcement of fines, forfeitures, penalties and punishments for offenses generally against the City 1 . (Ord. 88-07, 8-16-88; 1994 Code)
Notes
1 | 1. See Section 1-4-1 of this Code. |