(a) The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.
(b) The Chief of the Fire Department may designate such members of the Fire Department as Fire Marshals in the Bureau of Fire Prevention.
(c) Fire Marshals assigned to the Bureau of Fire Prevention shall be responsible for administration and enforcement of the Fire Prevention Code. The prevention and extinguishing of fires and dangerous conditions related to fire within the City of St. Albans will be promoted by granting limited powers of arrests to Fire Marshals and Deputy Fire Marshals that meet all required training as set forth by St. Albans Police Department and the WV State Fire Marshals Office. Fire Marshals and Deputy Fire Marshals pursuant to this ordinance are similar to those exercised by the State Fire Marshals Office pursuant to WV Code 29-3-12.
(d) Fire Marshals and Deputy Fire Marshals on behalf of the Fire Chief are hereby empowered to make arrests anywhere within the City of St. Albans of any person charged with the violations of WV Code 61-3-1 thru 7 Arson Crimes, Malicious Burning, Failure to Comply with Orders or Obstructing a Fire Marshal; and when a witness to the perpetrations of these offenses, to make arrests without warrant; or to make a limited detention of any person suspected of the commission of these offenses for investigatory purposes.
(e) Fire Marshals and Deputy Fire Marshals are hereby empowered to make complaints in writing before the Municipal Judge or other appropriate judicial officer in order to obtain a warrant for such an arrest and procure a warrant for the offender of the violations of Malicious Burning, Failure to Comply with Orders, or Obstructing a Fire Marshal. Fire Marshals and Deputy Fire Marshals may execute any summons or warrant issued by the Municipal Judge or other appropriate judicial officer for the offenses of Malicious Burning, Failure to comply with or Obstructing a Fire Marshal, upon the offender within the City of St. Albans. Any return by a Fire Marshal or Deputy Fire Marshal showing the manner of executing the warrant or summons has the same force and effect as if made by a police officer.
(f) The Fire Chief, who is responsible for the enforcement of the Fire Prevention Code, may revoke or rescind, at anytime any Fire Marshals enforcement powers when, in the opinion of the Fire Chief, these powers have been abused or improperly enforced.
(Ord. 2020-10. Passed 8-3-20.)