Editor's note—Ordinance 1810, sec. 1, adopted
Feb. 23, 2009, repealed § 6-51, which pertained to composition
of the fire department and derived from the 1965 Code, sec. 9-45;
and Ordinance 1482, adopted May 21, 2001.
(a)
Authorization.
In consideration of the promises and in consideration of the
mutual agreements and understandings of the cities that the fire department
of the city is herewith and hereby authorized to furnish to the cities
with which mutual aid agreements have been approved by the mayor,
such firefighting equipment as is available in the opinion of the
chief of the fire department or other officer in charge of the city
fire department whenever firefighting equipment or personnel is requested
by the chief of the fire department or other officer in charge of
the fire departments of such cities. Such fire chief or other officer
in charge shall certify that there is an emergency and that equipment
or personnel is needed, specifying such equipment and personnel as
is needed. The fire chief of the city or such officer in charge is
authorized to furnish such equipment and personnel as is available,
in his opinion, at that immediate time, but he shall take into consideration
as a first requisite that he shall withhold in his city such equipment
and personnel as would be necessary to fulfill his primary function
of protecting the health, property, and lives of the city. He shall
maintain within the city its minimum requirement of equipment and
men, but he is hereby authorized to lend on an emergency basis such
other equipment and personnel as he can spare under the circumstances
as they exist at that time. The fire chief of the city is herewith
directed and authorized to keep the fire chiefs of cities with which
mutual aid agreements have been approved by the mayor informed as
to his equipment and his personnel, and to advise the chiefs of the
fire departments of such cities as to the inventory of his firefighting
equipment.
(b)
Compensation
of firefighting official performing duties outside of territorial
limits of city.
When any firefighting official of the
city is ordered by proper authority to perform firefighting duties
outside the territorial limits of the city he shall be entitled to
the same wage, salary, pension, and all other compensations and all
other rights for such service, including injury or death benefits,
the same as though the service had been rendered within the limits
of the city; and he shall also be paid for any reasonable expenses
of travel, food, as well as for damage to equipment and clothing,
and medical expenses which he may incur while on duty outside such
limits, or while traveling to or from such assignment.
(c)
Powers
and duties of official assigned to assist in the city.
Whenever any firefighting official is assigned to the city under
authority of an order adopted by the governing body of cities with
which mutual aid agreements have been approved by the mayor, to assist
under circumstances as described above which may exist in the city
that such officer shall be a fire prevention agent of the city and
shall be under the command of the chief of the fire department or
other officer in charge for the city while so assigned, and he shall
have all the powers and duties of a regular firefighting official
of this city as fully as though he were within the city or municipality
where regularly employed and his qualifications, respectively, for
office where regularly employed shall constitute his qualifications
for office in the city and no other oath, bond or compensation shall
be made.
(d)
Damage
to city equipment.
When any city firefighting equipment
is damaged while being used in cities with which mutual aid agreements
have been approved by the mayor, or if any damage to equipment should
occur while traveling to or from such fire in such cities, the city
will bear the costs of such damage.
(1965 Code, sec. 9-6)
The fire chief or his representatives, upon complaint of any person having an interest in any building or property adjacent, and without any complaint, shall have a 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, monthly or more often, to enter upon and make or cause to be entered 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 persons or property, or so occupied that fire would endanger persons or property, 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 persons or property, 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 such owner or occupant deems himself aggrieved by such order, he may, within five (5) days, appeal to the mayor, who shall investigate the cause of the complaint and, unless by his authority the order is revoked, such order shall remain in force and be forthwith complied with by the owner or occupant. Any owner or occupant who fails to comply with such notice shall be guilty of a misdemeanor and shall be punished by a fine as provided in section 1-5 of this Code. In addition to such penalty, the city shall be entitled to obtain injunctive relief consistent with the orders of the fire chief and shall be entitled to collect the city's reasonable attorney's fees from the owner or occupant who failed to comply with the fire chief's orders.
(1965 Code, sec. 9-54)
The fire chief or his representative shall have the authority,
at all times of day or night, when necessary in the performance of
the duties imposed upon him by the provisions of this article, to
enter upon and examine any building or premises where any fire has
occurred, and other buildings and premises adjoining or near the same,
which authority shall be exercised only with reason and good discretion.
(1965 Code, sec. 9-55)
The fire chief shall keep in his office a record of all fires,
together with all facts, statistics and circumstances, including the
origin of the fires and the amount of loss, which may be determined
by the investigation required by this article.
(1965 Code, sec. 9-59)
The fire marshal shall be properly qualified for the duties
of his office.
(1965 Code, sec. 9-46)
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 investigation as to
whether such fire was the result of carelessness or design. Such investigation
shall be begun within twenty-four (24) hours, not including Sunday,
of the occurrence of such fire.
(1965 Code, sec. 9-48)
(a)
The fire
marshal, when in his 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 have means of knowledge in relation
to the matter under investigation, and shall cause the same to be
reduced to writing.
(b)
The fire
marshal is hereby authorized and empowered to administer oaths and
affirmations to any person appearing as witnesses before him.
(1965 Code, sec. 9-49)
The fire marshal shall have the power to summon witnesses before
him to testify in relation to any matter which is, by the provisions
of this article, a subject of inquiry and investigation, and may require
the production of any book, paper or document deemed pertinent thereto.
(1965 Code, sec. 9-50)
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.
(1965 Code, sec. 9-51)
If the fire marshal is 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 cause such
person to be lawfully arrested and charged with such offense or either
of them, and shall furnish to the proper prosecuting attorney all
such evidence, together with the names of witnesses and all of the
information obtained by him, including a copy of all pertinent and
material testimony taken in the case.
(1965 Code, sec. 9-52)
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 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 an investigation or inquiry authorized by this article, 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.
(1965 Code, sec. 9-53)
