(A) The Fire Marshal shall exercise such authority as given them by the International Fire Code as adopted by the city.
(B) The Fire Marshal shall investigate, or cause to be investigated, the cause, origin, and circumstances of every fire occurring within the city by which property has been destroyed or damaged. The Fire Marshal shall keep a record of all fires, together with all facts, statistics, circumstances, and evidence in a secure manner, either physically or electronically.
(C) 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 if he shall be of the opinion that there is evidence sufficient to charge any person with arson, fraud, or other criminal conduct in connection with such 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.
(D) The Fire Marshal shall have the power to summon witnesses before him to testify under sworn oath in relation to any matter which is by the provisions of this subchapter a subject of inquiry and investigation and may require the production of any evidence deemed pertinent thereto. The Fire Marshal is hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before him.
(E) Any witness who refuses to be sworn or who refuses to appear or testify, or who disobeys any lawful order of said Fire Marshal, or who fails or refuses to produce any evidence pertaining to any matter under investigation or inquiry, or who interferes with any Fire Marshal investigation or inquiry, shall be deemed guilty of a misdemeanor punishable pursuant to § 10.99 of this Code, as amended; and it shall be the duty of the Fire Marshal to cause all such offenders to be prosecuted; provided, however, that any person so convicted shall have the right to appeal.
(F) All investigations held by or under the direction of the Fire Marshal may, in his discretion, be confidential. 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) The Fire Marshal shall have the authority at all times of the day and night, when necessary, in the performance of his duties imposed on him by the provisions of this subchapter, to enter upon and examine any building, property or premises where any fire or explosion has occurred, and other buildings, properties, and premises adjoining or near the same, which authority shall be exercised only with reason and good discretion.
(Ord. 968, passed 3-16-20)