(A) Created. The Office of Fire Marshal is hereby created. The Office shall be independent of other municipal departments.
(B) Appointment of Fire Marshal.
(1) The Fire Marshal shall be appointed by the Mayor, subject to confirmation by the Council.
(2) The Fire Marshal shall be properly qualified for the duties of the office and shall be removed only for cause.
(3) The Fire Marshal shall receive such compensation as provided for by the Council.
(C) Duty to investigate fires. The Fire Marshal shall investigate the cause, origin and circumstances of every fire occurring within the municipality by which property has been destroyed or damaged. The investigation shall be commenced within 24 hours, not including Sunday, of the occurrence of the fire.
(D) Authority to take testimony. When in his or her opinion further investigation is necessary, the Fire Marshal shall take or cause to be taken the testimony, on oath, of all persons thought to be cognizant of any facts or to have knowledge relative to the matter under investigation and shall cause the same to be reduced to writing.
(E) Power to summon witnesses. The Fire Marshal shall have the power to summon witnesses to testify relative to any matter which is a subject of investigation and may require the production of any document deemed pertinent thereto. The Fire Marshal is hereby authorized and empowered to administer oaths and affirmation to any persons appearing before him or her as witnesses.
(F) Investigations may be private. All investigations held by or under the direction of the Fire Marshal may, in his or her discretion, be private. Persons other than those required to be present may be excluded from the place where the 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) Filing criminal charges. 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 or she shall cause that person to be lawfully arrested and charged with the offense, and shall furnish to the proper prosecuting attorney all the evidence, together with the names of witnesses and all the information obtained by him or her, including a copy of all pertinent and material testimony taken.
(H) Refusal to provide testimony or evidence unlawful. 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 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 the investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation, shall be deemed guilty of a misdemeanor. It shall be the duty of the Fire Marshal to cause all the offenders to be prosecuted.
(I) Authority to enter buildings where fire occurred. When necessary in the performance of his or her duties, the Fire Marshal shall have the authority 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) Inspections generally. The Fire Marshal shall have the right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the municipality. It shall be his or her duty to enter upon and make or cause to be entered upon and trade a thorough examination of all mercantile, manufacturing and public buildings together with the premises belonging thereto. Whenever he or she shall find any building or other structure which is especially liable to fire and which is so situated as to endanger other buildings or property, or so occupied that the fire would endanger other persons or property therein, and whenever he or she 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 electrical wiring or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible, flammable 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 firefighters combating a fire or to occupants, he or she 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 the owner or occupant deems himself or herself aggrieved by the order, he or she may, within five days, appeal the order to the Mayor, who shall investigate the cause of the complaint and, unless such order is revoked by the Mayor, the order shall remain in force and be forthwith complied with by the owner or occupant. Any owner or occupant who fails to comply with the order within a ten-day period from the date of the notice shall be deemed guilty of a misdemeanor.
(K) Fire records to be kept. The Fire Marshal shall keep in his or her office a record of all fires, together with all facts, statistics and circumstances, including the origin of the fires and the loss amounts, which may be determined by the investigation required by this chapter.
(L) Monthly reports to state Fire Marshal. At the end of each month, the Fire Marshal shall report to the State Fire Marshal all existing hazardous conditions together with a separate report on each fire in the municipality during the month.
(M) Adoption of the International Fire Code; 2003 Ed. The City of Canton has previously adopted the International Fire Code, 2003 Edition for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. The adoption of the code is hereby ratified and affirmed. The provisions of the Standard Fire Prevention Code shall be controlling and apply to the repair, equipment, use and occupancy, and maintenance of every existing building or structure within the municipality.
(N) Penalty. Any person, firm or corporation found guilty of violating any of the provisions of this subchapter shall be subject to a fine of not less than $5 and not more than $500 for each offense, together with the costs of such prosecution. Any person violating any provision of this subchapter may in addition to a fine or in lieu of a fine be imprisoned for not more than six months. Each day during which a violation continues shall be considered a separate offense.
(Ord. 2000-13, passed 12-12-2000)