(A) There is hereby established an office of Fire Marshal for the city and an Assistant Fire Marshal.
(B) The Office of Fire Marshal shall be filled by appointment by the Mayor of the city, with the advice and consent of the City Council. The Mayor may appoint with the advice and consent of the City Council, one or more Assistant Fire Marshal.
(C) (1) The Fire Marshal and any Assistant Fire Marshal shall be an adult citizen of the city and shall have the following qualifications:
(2) Have a working knowledge of:
(a) The Fire Prevention Code and ordinance of the city and the statutes of the state;
(b) Fire prevention practices;
(c) Fire hazards and corrective procedures:
(d) The proper procedures for inspecting and reinspecting properties for potential fire hazards;
(e) Federal laws governing fire prevention and equipment;
(f) Attend Fire Marshal training at A&M or comparable school once each year;
(g) The ability to enforce the Municipal Fire Code.
(D) (1) The Fire Marshal shall perform the following duties of office:
(a) Supervise the first line of defense against fire by prevention;
(b) Make periodic inspections and reinspection in accordance with sound fire prevention practices;
(c) Co-ordinate fire prevention education with Fire Chief; (The Fire Marshal’s budget shall be included in the Fire Department budget.)
(d) Investigate all fires and to the best of his ability determine the cause of fire or fires;
(e) Work with other city departments, inspectors and state agencies;
(f) Make and keep complete accurate records and reports;
(g) Submit required reports to the State Board and City Council monthly on forms substantially comparable to the form attached hereto; and
(h) Enforcement of the Municipal Fire Code.
(2) He or she shall investigate the cause, origin and circumstances of every fire occurring within the city by which property has been damaged or destroyed and shall especially make investigations in conjunction with the Police Department as to whether the fire was the result of carelessness or design or unforeseen event. The investigation shall commence within 20 hours following the occurrence of the fire, excluding Sundays. The Fire Marshal shall keep in his or her office a record of all fires, together with all facts, statistics and circumstances, including the origin or the fixes and the amount of the loss, which may be determined by the investigation required by this provision.
(3) The Fire Marshal, in making his or her investigations or in making further investigations, shall take or cause to be taken the testimony, on oath, of all persons who are supposed to be cognizant of any facts or to have means of knowledge in relation to the other 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 co-assist the crime of arson or of conspiracy to defraud or of criminal conduct in connection with the fire, he or she 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 copy of all pertinent and material testimony taken in the case.
(4) The duty to enforce the fire prevention regulations as the governing body may adopt.
(E) (1) The Fire Marshal shall have the power to summon witness before him or her to testify in relation to any matter which is by the provision of this section a subject of inquiry and investigation, and may require the production of books, papers or documents deemed pertinent thereto.
(2) The Fire Marshal shall have the power to cause any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any lawful order of the Fire Marshal, or who to produce any books, papers or documents touching any matter under examination, or who is guilty of any contemptuous conduct during any of the proceedings 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 as aforesaid, shall be guilty of a Class C misdemeanor and upon conviction thereof by a court of competent jurisdiction shall be fined in an amount not less than $1 nor more than $200 from which conviction the person charged shall have the right of appeal as provided by law.
(3) The Fire Marshal shall have the right to determine whether his or her investigations or re- investigations shall be public or private. He or she may exclude from the scene of investigation and re- investigation all persons other than those required to be present and testify.
(4) He or she conducting the investigations or re-investigations, the Fire Marshal shall have the right to invoke the rule keeping all witnesses separate and apart and prohibiting their conversations with each other during the hearing process.
(5) The Fire Marshal shall have the right and authority at all times, day or night, when reasonably necessary in the performance of his or her duties imposed upon him or her by the provisions of the law and this section, to enter upon and examine any building or premises where a fire has occurred and other buildings and premises adjoining or near the same, which authority shall be exercised according to the State Fire Code rules.
(Ord. 101-89, passed 1-17-89)