§ 38-34. Bureau of fire prevention and fire marshal; powers and duties.

(a)

To assist in the performance of the responsibilities and duties placed upon the fire chief of the city fire rescue department, a bureau of fire prevention in the fire rescue department of the city is hereby created.

(b)

The bureau shall operate under the supervision of the fire chief. The fire chief shall designate a fire official of the fire rescue department as fire marshal. The fire marshal shall be the administrator of the bureau of fire prevention. The fire marshal shall be responsible for the direct administration and enforcement of the fire prevention code.

(c)

It shall be the duty of the officers of the bureau of fire prevention to enforce all laws and ordinances of the city covering the following:

(1)

The prevention of fires.

(2)

The storage and use of explosives and flammables.

(3)

The installation and maintenance of automatic and other fire alarm systems, and fire extinguishing equipment.

(4)

The maintenance and regulation of fire escapes.

(5)

The means and adequacy of exit, in case of fire, from factories, schools, hotels, lodginghouses, asylums, hospitals, churches, halls, theaters, amphitheaters, and all other places in which numbers of persons work, live or congregate, from time to time, for any purpose.

(6)

The investigation of the cause, origin and circumstances of fires.

(7)

The maintenance of fire cause and loss records. They shall have such other powers and perform such other duties as are set forth in other sections of this article and as may be conferred and imposed from time to time by law. The fire chief may delegate any of his powers or duties under this article to the fire marshal.

(d)

The fire chief shall prepare instructions for the fire marshal and his assistants, and forms for their use in the reports required by this section.

(e)

The bureau of fire prevention shall investigate the cause, origin, and circumstances of every fire occurring in the city by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigations shall begin immediately upon the occurrence of such a fire. The fire marshal shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. Every fire shall be reported in writing to the bureau of fire prevention by the fire rescue department officer in whose jurisdiction such a fire has occurred. Such report shall be in such form as shall be prescribed by the fire marshal and shall contain a statement of all facts relating to the cause, origin and circumstances of such fire, the extent of the damage thereof, and the insurance upon such property, and such other information as may be required, including the injury, death or rescue of persons.

(f)

Before permits may be issued as required by this Code, the fire marshal or his assistants shall inspect and approve the receptacles, processes, vehicles, buildings or storage places to be used for any such purposes.

(g)

The fire marshal shall inspect or cause to be inspected all premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the premises and for safeguarding of life and property from fire.

(h)

The fire marshal shall compile and keep a record of all fires and of all the facts concerning the fires, including injuries, deaths, rescue of persons and statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance and, if so, in what amount. Such record shall be made daily from the reports made by the fire inspectors under the provisions of this article. All such records shall be public.

(i)

The fire marshal shall make an annual report of the activities of the bureau of fire prevention and shall transmit this report to the fire chief. The report shall contain all proceedings under the fire prevention code with such statistics as the fire chief may wish to include therein.

(j)

The fire chief or the fire marshal shall also recommend any amendments to the fire prevention code or ordinances which, in his judgement, shall be desirable.

(Code 1979, § 11-77)