1501.10 INVESTIGATORY POWERS-FIRE DEPARTMENT ARSON INVESTIGATORS.
(a) Definition. As used in this chapter:
"Member of a fire department" means any person who receives an original appointment as a full-time regular fireman in the fire department of a municipal corporation from a duly established civil service eligible list, or who is appointed to a position in a fire department under Ohio R.C. 709.012 or 737.22, or who, on October 1, 1965, was contributing four percent of his annual salary to a firemen's relief and pension fund established under Ohio R.C. 741.02, or who is appointed to a position in a township fire department under Ohio R.C. 505.38, or who, on October 1, 1965, was contributing four percent of his annual salary to a township firemen's relief and pension fund established under Ohio R.C. 521.02.
(b) Investigation of Cause of Fire. The Chief of the Fire Department, or a duly designated fire investigation officer of the Fire Department, shall investigate the cause, origin and circumstances of each major fire, as determined by the rules of the Fire Marshal, occurring within the City of Youngstown, and shall make an investigation to determine whether the fire was a result of carelessness or design. The investigation shall be commenced within two days, not including Sunday, if the fire occurred on that day.
In the performance of the duties imposed by this section and Ohio R.C. Chapter 3737, the Chief of the Fire Department, or a duly designated fire investigator of the Fire Department, at any time of day or night, may enter upon and examine any building or premises where a fire has occurred and other buildings and premises adjoining or near thereunto.
(c) Taking of Testimony. Pursuant to Ohio R.C. 737.27, if in the opinion of the Chief of the Fire Department, or a duly designated fire investigator of the Fire Department, further investigation is necessary, he, or a fire investigator, shall take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts, or to have means of knowledge in relation to the matter concerning which an examination is required to be made and cause such testimony to be reduced to writing.
(d) Arrest of Suspect. Pursuant to Ohio R.C. 737.27, if the Chief of the Fire Department, or a duly designated fire investigation officer of the Fire Department, is of the opinion that there is evidence sufficient to charge a person with arson or a similar crime, or with a violation of Ohio R.C. 3737.62, he shall arrest such person or cause him to be arrested and charged with such offense. The Chief of the Fire Department, or the fire investigator, shall furnish the prosecuting attorney such evidence, with the names of witnesses and a copy of material testimony taken in the case.
(e) Power to Compel Attendance of Witnesses. Pursuant to Ohio R.C. 737.27, the Chief of the Fire Department, or a duly authorized fire investigation officer, may summon and compel the attendance of witnesses to testify in relation to any matter which is a proper subject of inquiry and investigation and may require the production of any book, paper or document.
(f) Power to Administer Oaths; Failure to Cooperate. Pursuant to Ohio R.C. 737.27, the Chief of the Fire Department, or a duly designated fire investigation officer, may administer an oath to any person appearing as a witness before him. No witness shall refuse to be sworn or refuse to testify or disobey an order of the Chief of the Fire Department, or a duly designated fire investigation officer, or fail to refuse to produce a book, paper or document concerning a matter under examination, or be guilty of contemptuous conduct after being summoned by such officer to appear before him to give testimony in relation to a matter or subject under investigation.
(g) Investigation May Be Private. Pursuant to Ohio R.C. 737.27, investigation by or under the direction of the Chief of the Fire Department, or a duly designated fire investigation officer, may be private. The Chief of the Fire Department, or a duly designated fire investigation officer, may exclude from the place where such investigation is held, all persons other than those required to be present, and witnesses may be kept separate from each other and not allowed to communicate with each other until they have been examined.
(h) Fire Chief or Fire Department Investigator to Investigate Bombings. The Chief of the Fire Department, or a duly designated fire investigation officer, shall, upon request of the Police Department, Mayor or Sheriff, investigate any bombings and shall work with local law enforcement officials in the apprehension of any person participating in any bombing.
(Ord. 92-476. Passed 8-20-92.)