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(A) The Fire Marshal shall be an appointed position within the Fire Department, and shall be assigned and appointed by the Fire Chief. The Fire Marshal may be assigned and appointed from any classification within the Fire Department.
(B) The following shall be minimum requirements for the appointment of Fire Marshal:
(1) Must be a certified basic inspector, as certified by the State Commission on Fire Protection;
(2) Must have passed each section of the examination (Inspector 1, Inspector 2 and Plans Examiner 1) with a minimum score of 70%;
(3) Must have obtained the certified basic fire investigator certification from the State Commission on Fire Protection; and
(4) Must have obtained the certified intermediate structural firefighter certification from the State Commission on Fire Protection or have obtained the educational requirements and are waiting on time-in-grade only.
(1998 Code, § 54-32) (Ord. 00-74, passed 11-1-2000; Ord. 04-15, passed 5-19-2004; Ord. 08-22, passed 5-21-2008)
The Fire Marshal or designee shall have the authority, at all times of the day or night, when necessary in the performance of the duties imposed upon him or her by the provisions of this subchapter, to enter upon and examine any building or premises where any fire has occurred, and other buildings and premises adjoining or near the fire, which authority shall be exercised only with reason and good discretion.
(1998 Code, § 54-33) (Ord. 04-15, passed 5-19-2004)
The Fire Marshal or designee shall investigate the cause, origin and circumstances of every fire occurring within the 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 commenced as soon as practicable.
(1998 Code, § 54-34) (Ord. 04-15, passed 5-19-2004)
If the Fire Marshal or designee 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 any fire, he or she shall cause the person to be lawfully arrested and charged with the offense, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all the information obtained by him or her, including a copy of all pertinent and material testimony taken in the case.
(1998 Code, § 54-35) (Ord. 04-15, passed 5-19-2004)
The Fire Marshal or designee, when, in his or her opinion, further investigation is necessary, shall take or cause to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to be knowledgeable of the matter under investigation, and shall cause the testimony to be reduced to writing.
(1998 Code, § 54-36) (Ord. 04-15, passed 5-19-2004)
(A) The Fire Marshal or designee 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 subchapter, a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent to the investigation.
(B) The Fire Marshal or designee is hereby authorized and empowered to administer oaths and affirmations to any persons appearing before him or her as witnesses.
(1998 Code, § 54-37) (Ord. 04-15, passed 5-19-2004)
All investigations held by or under the direction of the Fire Marshal or designee 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.
(1998 Code, § 54-38) (Ord. 04-15, passed 5-19-2004)
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 designee 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 or designee in the matter of the investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation, shall be deemed guilty of a misdemeanor, and it shall be the duty of the Fire Marshal or designee to cause all such offenders to be prosecuted.
(1998 Code, § 54-39) (Ord. 04-15, passed 5-19-2004)
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