§ 7-2. Fire marshal.

(a)

Office created. The office of fire marshal is hereby created as a division of the fire department.

(b)

Qualifications. The fire marshal shall be properly qualified for the duties of his office.

(c)

Fire investigations. The fire marshal 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 an investigation as to whether such fire was the result of carelessness or design. Such investigations shall be commenced within twenty-four (24) hours, not including Sundays, of the occurrence of such fire.

(d)

Taking testimony generally. The fire marshal, when in his opinion further investigation is necessary, shall take or cause to be taken the testimony, on oath, of all person supposed to be cognizant of any facts or to have knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing.

(e)

Summons of witnesses; production of evidence; oaths. The fire marshal shall have the power to summon and compel the attendance of witnesses before him to testify in relation to any matter which is, by the provisions of this section, a subject of inquiry and investigation, and may require the production of any book paper or document deemed pertinent thereto. The fire marshal may administer oaths to any person appearing as witnesses before him.

(f)

Private investigations; separation of witnesses. All investigations held by or under the direction of the fire marshal may, in his discretion, be private, and persons other than those required to be present may be excluded from the place where such 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)

When evidence indicates crime. If the fire marshal 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 shall furnish to the proper prosecuting attorney and to the appropriate law enforcement agency all such evidence, together with the names of witnesses and all of the information obtained by him, including a copy of all of pertinent and material testimony taken in the case.

(h)

Misconduct of witnesses. Any witness who refuses to be sworn, or who refuses to appear and 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 such investigation or inquiry, after being summoned to give testimony in relation to any matter under investigation as aforesaid, shall be deemed guilty of a misdemeanor, and it shall be the duty of the fire marshal to cause all such offenders to be prosecuted.

(i)

Inspection of premises; removal or repair of dangerous conditions. The fire marshal, upon complaint of any person having an interest in any building or adjacent property, or without complaint, shall have the 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 duty, quarterly or more often, to enter upon and make or cause to be entered upon and made, a thorough examination of all mercantile, manufacturing and public buildings, together with the premises belonging thereto. Whenever he shall find any building or other structure which, for want of repair, or by reason of age or dilapidated condition, or for any cause, is especially liable to fire, and which is so situated as to endanger other buildings or property, or so occupied that fire would endanger persons or property therein, and whenever he shall find an improper or dangerous arrangement of stoves, 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 lighting 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 fire fighters or occupants, he shall order the same to be removed or remedied, and such order shall be forthwith complied with by the owner or occupant of the building or premises. If the owner or occupant deems himself aggrieved by such order, he may appeal as provided in the fire prevention code.

(j)

Right of entry. 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 by 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.

(k)

Record of fires. The fire marshal shall keep in his office a record of all fires occurring within the city, together with all 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. Such record shall at all times be open to public inspection.

(Code 1970, §§ 12-17—12-27)

State law reference

Authority of city to provide for condemnation and removal of structures constituting fire hazards, Vernon's Ann. Civ. St. art 1175(25); access by public to information in custody of governmental agencies and bodies, VTCS, Art. 6252-17a.

Cross reference

Administration, Ch. 2.