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(a) Position Created. The Fire Marshal or Fire Marshals shall be an individual or individuals selected from the ranks of the existing certified employees of the City of Newark Fire Department, and the individual or individuals holding the title of Fire Marshal shall perform those duties and exercise those powers that are set forth below, in addition to the other duties assigned to that individual or individuals in the regular course of business within the Fire Department of the City of Newark. The individual or individuals assigned the duties of Fire Marshal shall be chosen by the Fire Chief of the Newark Fire Department, and said selection by the Fire Chief shall be based upon appropriate criteria deemed essential and important as determined by the Fire Chief. The individual or individuals holding the title of Fire Marshal shall complete any and all training requested by law of that individual or individuals to hold the title of Fire Marshal pursuant to Ohio R.C. 737.27, or as same may be amended from time to time. There shall be no enhancement in compensation to the individual or individuals holding the title of Fire Marshal by virtue of holding said title.
(1) The Fire Marshal shall investigate, or cause to be investigated, every fire or explosion occurring within the geographic limits of the City that is of a suspicious nature or which involves the loss of life or serious injury or causes destruction or damage to real or personal property. Such investigations shall be commenced immediately upon the occurrence of any such fire or explosion. If it should appear that the fire or explosion is of a suspicious nature, the Fire Marshal or Fire Marshals shall have the duty to immediately take charge of any and all physical evidence relating to the cause or origin of such fire or explosion and take all means necessary to prevent access by any person or persons to such building, structure, dwelling, residence or premises until such evidence has been properly and fully collected and processed. The Fire Marshal or Fire Marshals shall notify such persons that are designated by law to pursue the investigations into such matters and shall further cooperate with such authorities in the collection of evidence and prosecution of any resulting criminal charges and in all ways fully pursue the investigation until its conclusion.
(2) The Fire Marshal or Fire Marshals, in the course of that individual's or individuals' investigation of any fire or explosion, shall have the power and duty to investigate the cause of all fires; examine, question and/or interrogate witness suspects; administer oaths; compel the presence of any witness, books, papers, or other documents of relevant import; and to do and perform any and all other acts necessary to carry out the effective discharge of the Fire Marshal's or Fire Marshals' duties.
(3) The Fire Marshal or Fire Marshals shall have the right and power of arrest as is relevant to any fire or explosion being investigated by the Fire Marshal or Fire Marshals; shall have the right and power to bear firearms); to enter any building, residence, dwelling or structure which, in the Fire Marshal's or Fire Marshals' opinion, is in danger from fire or explosion.
(4) The Fire Marshal or Fire Marshals shall be required to provide that individual's or individuals' investigatory findings of any fire or explosion to the Newark City Council as that legislative body may require from time to time.
(Ord. 05-5. Passed 2-22-05.)