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The fire marshal shall be employed or appointed by the fire chief, subject to the approval of the city manager. The fire marshal shall:
A. Be subordinate to the authority of the fire chief in all matters connected with the management of a fire or other emergency, or direction thereof, or the disposition of property endangered by the fire or emergency and shall assist with the suppression of the fire or emergency when directed by the fire chief;
B. Conduct drills and/or instruction for personnel in the operation and handling of equipment assigned to the fire prevention and investigation division as well as investigative techniques and practices required by the division; shall prepare studies of, and familiarize himself and division personnel with the building structures and other appropriate items relating to his duties as fire marshal in the municipality. He, as well as the fire chief, shall be responsible for the establishment of fire zones, water supplies and other matters generally considered essential to adequate fire prevention, investigation and safety of life and property from loss by fire;
C. Assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin and circumstances of all fires;
D. Inspect buildings and premises and serve written notice upon the owner or occupant to abate, within a specified time, any and all lire hazards that may be found. For the purpose of conducting such inspection, the fire chief or fire marshal may enter any and all buildings and premises within the municipality at any reasonable hour. Any person served with a notice to abate any fire hazard shall comply therewith and promptly notify the fire chief of the remedial measures taken;
E. Keep complete records of all fires, inspections, division personnel and other information concerning operations of the division. He shall furnish the fire chief with such information as may be requested;
F. Make a complete annual report, in writing to the fire chief within two weeks
after the close of the fiscal year, such report to include the information specified in subsection E of this section, together with comparative experience data for previous years with recommendations for improving the effectiveness of the division and department;
G. Prepare and submit to the fire chief the annual budget for the fire prevention bureau and investigative division;
H. Enforce, or cause to be enforced, all ordinances, laws and regulations of the city and state and federal governments as they apply to the fire prevention bureau and investigative division;
I. Performs other duties as assigned by the fire chief. (Ord. 326 (part), 1984: Ord. 281, 1979: prior code § 4-2-20)
It shall be the duty of the fire chief, or designee under his direction to visit and inspect all buildings, warehouses, industry and business locations and places of assembly within the municipality for compliance with fire and/or life safety codes according to their occupancy. Any person violating, or failing, neglecting or refusing to comply with, any provisions, regulations or requirements of the city pertaining to such inspection shall be reported to the city manager and/or the city attorney and/or the regulatory agency of higher authority for immediate prosecution and/or other action as appropriate. (Ord. 326 (part), 1984: prior code § 4-2-13)
Any person violating the provisions of this chapter or who shall refuse to allow the fire chief or his designee to make proper inspection of the store building, warehouse or house used as a store building or warehouse, belonging to or under the control of such person shall be guilty of a misdemeanor. (Ord. 326 (part), 1984: prior code § 4-2-17)
The chief of the bureau of fire prevention shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured and substantial justice done. All modifications shall first be approved by the governing body. (Prior code § 4-2-24)
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