(a) Authority of Fire Chief generally. The Fire Chief has the authority to investigate the cause, origin and circumstances of every fire, explosion or other emergency in which the fire department has a reasonable interest or is called for assistance, including inspection of any document pertinent to the investigation. When the Fire Chief has reason to believe that a fire or explosion may be the result of a violation of any law, he or she must immediately take custody of and safeguard all physical evidence in connection therewith and has the authority to prohibit the disturbance or removal of any material, substance, device or utility in or upon any building or property wherein or whereon a fire or explosion has occurred until the investigation of the fire is complete and to take such photographs and statements and make such drawings as he may deem necessary.
(b) Authority of Fire Chief to enter and examine. The Fire Chief has the authority at all times, in performance of the duties imposed by the provisions of this chapter, to enter upon and examine any building or premises, vehicle or thing where any fires or attempts to cause fires have occurred, or which at the time may be burning, and also the power to enter upon at any time any building or property adjacent to that in which the fire or attempt to cause fires has occurred, should he or she deem it necessary in the proper discharge of his or her duties; and he or she may, in the exercise of his or her discretion, take full control and custody of such buildings and premises, and place such person in charge thereof as he or she may deem proper, until his or her examination and investigation is completed.
(c) Testimony; arrests. The Fire Chief, in making this inspection or investigation, may, when in his or her judgment necessary, take the testimony on oath of all persons supposed to be cognizant of any facts, or to have the means or knowledge in relation to the matter herein required to be examined and inquired into, and to cause the testimony to be reduced to writing; and when, in his or her judgment, the examination discloses that the fire or explosion or attempt to cause a fire or explosion was of incendiary origin, the Fire Chief must notify the appropriate authorities and must transmit a copy of the testimony so taken to the state’s attorney for the county or city wherein the fire or explosion or attempt to cause a fire or explosion occurred.
(d) Witnesses; production of documents; oaths. The Fire Chief has the power to summon witnesses and to compel their attendance before him or her to testify in relation to any matter which is, by the provision of this chapter, a subject of inquiry and investigation by the Fire Chief, and also has the power to cause to be produced before him or her such papers as he or she may require in making such examination. The Fire Chief is authorized to administer oaths and affirmations to persons appearing as witnesses before him or her.
(e) Interference with Fire Chief; failure to appear, produce documents, etc. Any person who interferes with the Fire Chief in the performance of his or her duties under this section, or who fails to appear when summoned, or fails to provide such documents and records as are summoned or who fails to testify when requested is guilty of a misdemeanor and, upon conviction thereof, is subject to the penalty section of the chapter. (1975 L.M.C., ch. 23, § 1; 2016 L.M.C., ch. 30, §1.)