(A) The Office of Fire Marshal is hereby created. The office shall be independent of other city departments, the Fire Marshal reporting directly to the Mayor and City Commission. The office shall be filled by appointment by the Mayor, by and with the consent of the City Commission, within five days after this section shall take effect. The Fire Marshal shall be properly qualified for the duties of his or her office, and shall be removed only for cause. He or she shall receive an annual salary of $25 as full compensation for his or her services.
(B) The Fire Marshal shall investigate the cause, origin and circumstances of every fire occurring with in this city by which property has been destroyed or damaged, and shall especially make investigation as to whether the fire was the result of carelessness or design. The investigation shall be begun within 24 hours, not including Sundays, of the occurrence of the fire. The Fire Marshal shall keep in his or her office a record of all fires, together with all the facts, statistics and circumstances, including the origin of the fires and the amount of the loss, which may be determined by the investigation required by this section.
(C) The Fire Marshal, when, in his or her opinion, further investigation is necessary, shall take of cause to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing; and, if he or she 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 the fire, he or she shall cause the person to be lawfully arrested and charged with the offense or either of them, and shall furnish to the proper prosecuting attorney all evidence, together with the names of witnesses and all of the information obtained by him or her, 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 or her to testify in relation to any matter which is by the provisions of this section a subject of inquiry and investigation, and may inquire the reproduction of any book, paper or document deemed pertinent thereto. The Fire Marshal is hereby authorized and empowered to administer oaths and affirmations to any person appearing as witnesses before him or her.
(E) Any witness who refuses to be sworn, or who refuses to appear to testify, or who disobeys any lawful order of the Fire Marshal, or who fails or refuses to produce any book, paper or 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 asforesaid, shall be deemed guilty of a misdemeanor; and it shall be the duty of the Fire Marshal to cause all offenders to be prosecuted.
(F) All investigations held by or under the direction of the Fire Marshal may, in his or her discretion, be private, and 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) The Fire Marshal shall have the authority at all times of day or night, when necessary, in the performance of the duties imposed upon him or her by the provisions of this section, 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.
(H) The Fire Marshal, upon complaint of any person having an interest in any building or property adjacent and without any complaint shall have a right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the city and it shall be his or her duty, monthly or more often, to enter upon and make or cause to be entered and made, 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, for want of repair, of by reason of age or dilapidated condition, of for any cause, is especially liable to fire, and which is so situated as to endanger persons or property therein, and whenever he or she shall find an improper or dangerous arrangement of stores, 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 lightening devices or systems, or a dangerous or unlawful storage of explosives, compounds, petroleum, gasoline, kerosene, dangerous chemicals, vegetable products, ashes, combustible inflammable and refuse materials, or other conditions which may be dangerous in character or liable to cause or promote fire or create conditions dangerous to the firefighters or occupants, be shall order the same to be removed or remedied, and the order shall be forthwith complied with by the owner or occupant of the building or premises. Provided, however, that, if the owner or occupant deems himself or herself aggrieved by the order, he or she may, within five days, appeal to the Mayor, who shall investigate the cause of the complaint and unless by his or her authority the order is revoked, the order shall remain in force and be forthwith complied with by the owner or occupant. At the end of each month, the Fire Marshal shall report to the State Fire Marshal all existing hazardous conditions, together with separate report on each fire in the city during the month.
(I) This section shall be effective and in full force from and after its passage and approval.
(Ord. passed 8-30-1943)