ORD CC 10-15-1915 - Creating office of Fire Marshall 6
Vo. E., p. III AN ORD114ANCE
A P113111 11k..tSI111LL ORDINANCE
An ordinanoo creating the office of Fire Marshall, proscribing the duties t1lere-
of, providing for its xaointaiixenoe, and prescribing penalties for its violation#
M IT 010AINED BY THE CITY COUNCIL OF TIM, CITY OF HUNTSVILTS0
SECTION 1. The office of Fire Marshall of the City of 11=4aville is haroby
created. Such office shall be independent of other oity departaiexrcso the
Fire 14araball reporting directly to the Mayor or the City Council. Ouch
office shall be filled by appointiaent by the Mayor, by and with the aensont
Of the City Council within W days wftnr the passaSe of this The
ouid Piro Marshall shall be properly qualified for the duties of his office,
and shall be removed only for cause. He shall receive an annual salary or
In oomponsation of his servioeso
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UCTIO!x 2. The Fire Marshall shall investigate -the oause, origin and cirom-
etal"wes of every fire 000urring within the City by which property has been
destroyed or damaged, and shall espeoially triake J"ivosti-pa I= 86 to 0 1 r s 0
', t - , wh t te u h
fire was the result of catxelessnens or design, Such investigation ah'all be be-
gun within twenty-four hours, not including Sunday, of the accurre.1100 Qf such
fireo The Fire 1harshall shall keep a record of such firos� together with all
facts, atwbisties and oiro-mastances, including the origin of the fires and 1-,hc,
viaount of the loss, which may be deterimined by the investigation required by this
ordinance.
SECTIO 34 The Fire Marshall when in his opinion further Lavestioa• ion is necas-
zary, shall take or cause to be taken the taatLAony, on oa:bhj of all persons sup-
posed to be oognizant of any facts or to have Tneans of knowledge in relation to
the matter under investigation, and shall cause the am-o to be roduced to writing;
and If, he shall be of the opinion that thorn Is evidence sufficient; to charge any
person with the crime of arr�on, or with tho ebtampt to commit, the crime of arson,
or of oonzpiracy to defraud, or orimina • oonduct In oonnection with such fire
tie shall cause such person to be lawfully arrested and charged with such offence,
or either of theia, and shall furnish to the proper prosocutin(a, attorney all such
evedenoe, together with the nw2es of the vejAmiessea and all aiAoh information ob-
tained by hJxa including a copy of all pertinei-4 and mw"- marl testimony taken In
`4110 case.
SECTION 4. The tiro Marshall shall have the power to ammon witnesses before him
to teabify in relaWon to any matter sxhich is by the provisionD of th&s ordinance
a s-Qbjoot of inquiry and Invoetivatiou, and may require the production of any
paper, book or d0oumout doomod pertinent- thereto. The said Fire irdarshall is here-
by authorized a--ad empowered to administer oaths and afflzmations -to any persons
appaaring as witnesses beforo him.
SECTION S. Any witness who refuses to be worn, or who refuses to appear and
teattfy# or who disobeys any law_'ul order of said P13-o Marshall, or who fails and
refuses to produce any book, papor or doo-Latent touching any matt;or 'under examlna�
Lion, or who is guilty of any contemptuous conduct during any of the proceedings
of the Fire eta,uhall dvrinp; any of said investigations or lnquiri�4s# after being
s1ru.,ioned to give testimony in relation to any matter under Investigation as fore-*
said, shall be deemed guilty of a ).Asdomeanor; and it shall be the duty of the
Fire Marshall to cause all such offenders to be prosecuted. Any person being
oonvieted of any such misdemeanor shall be fined in any sma not exceeding twenty-
five dollars (025.00). Provided howenror that aay person so oonviotod sliall have
the right of appeal,
SECTION 6. All Investiga• ions held by or under the direotloa of the Fire Marshall,
may In his discretion be private, and persons other than those required -to be pre-
sent may be excluded from the place where such Investigation is hold, arid witness-
es may be kept separate and apart from each other and not allowed to oonoxinloate
with each other until they have been axgmixiad.
SECTION 7. The Fire Marshall shall have the authority at all tinicB of day or
night,,: when neoeasary in the performance of the duties imposed upon him 'by the
provisions of this ordinance,, to enter upon and examine any buildinp
or proyllises
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where,awyW fire has caourred, and causer buildings or preMos adjoining or uasar
the arasaeg which authority shall be exercised only with raneon and good dleoretion4
UOTION 6. Than Fir" tiaarshsall, upon caomglsi,nt of any person hang an interest in
any building or proper°tu adjacent, and wi.thoub &Yy aomplaai:nt, ohall hove the AgIft
at all rearsonMa houra, fcar than purpose of exanination to caster into and upon oll
buildings aa4 promisee within the City, and It shall W late di.;ty quarterly or more
often, to enter upon and We, or to cause to be entered capon W tea€ado, a through
examination oaf manuPacturing and publie buildings together with
the pramMoo belonging thoreW, ;'{heaver Ito shall Clod any tna;`lding or other
etruntury Woh for want of reps#r or by reason of age, or dilapidated oandi.tion
or for any cause io specially liable to fire and which Is so situ aitdd as to en-
danger War bui.ldingt or proporty or so situated that Piro would ondanger pare+
sons or property 't zaaroi°ra, and whenever tact shsall. Plod an Improper or 4aaa eroulo
arr#avCewevt of stoves, rango s faaraa€aooe or other he tim,; apparatus of a mq kind#
WNW, eahi nnoys, i'lsaos and imp s with which the mwao may be connotybed, or a
dangerous aarrang n.on; ot lighting AM= or oyotons, or a dangerous or mulawful
storage of explosives, oompatmis, potro ol=' gacolineo W00040, dangerous Mszaai
Mal vegetable prcas dots, ashes, caombuotiblo, Wlemra4ble and rafuse mstoriale air
other €than dit.$ono which way be dangerous in oharacter or linable to o%usso or tame
fire r or°oate oondi'tions dan6er us to the Women or 000upanhap he shall order the
m t o be rAw"d or reri dlvd, and auch order shall be WAYS complied with by
the boa or €uoup€nt cat';` such bull di,gg or preminesm AcKdod, however, that if
the sold {,,,n are or onoupaant, doeso biaaalf agZroived by such order, he may th n:
fire (6) dabs, appeal to1he mayor, wbo stall. Investigate the cause of the earl
1sai.n:t# and aaza oma by him. authority the order Q revoked, scaota order shall ran in
In force, and be i`eatntWith €aampli;aad with by said owner or coeupanto
5BOTS ttd 90 Any owner or oeoupant oaf ra building or other strusisowe or promises
who shaal.l, loop or malatain tho same Wo, tor seat of repair* or by reason of age
or di,lapl&tod condition, or for ony oaueej it is ospWally liable to Mr, and
which Is ors altuatM as to ondanger vull,din s or props r'y f othe a, or is spool-
albs liable to tire and Vnioh is sae otoup ed that tine mould endanger other per*
sorest pr their property therein, Mall be pre laahed by as fine of not- bass than
one Dollar, nor more than ton Vollaara,
MAIN 10* Any. owner or oosaaspant of any 'building or structure or promizos, Who
shall keep or mai.ntai.n,the srsaao with an imprope r arraaza aamout oV a stows, range, f
fi9ram, or other beating appliance whatever, ncltaa in(&, ohimneVzo flues, end
pipes with which tho some ray be coon aotod, so as to be dangerous In the matter
of fi as, or healtho or safety of the person or property oT ot1wroi or who ahall
keep or maintsin any building other std°uasturo or pwomloot with any irs€,vopor *'
rangenent of II&M devfoo car stem,, or with as storage of e plosives, patrolaum
asol,i.a a, keroaenoi ob aalolas, vogetable products, Woo, eamtrustibles, i lay r-
ebbs aaaatori ale, rotuss, or with aaay other oondi.tion RAW Wall to Meorous in
ahaa.raetsr° to the person, health or property of otharsq or Mob shall be dangerous
In the matter of promoting, au,onhlng to oansring Wool or which shall cram
ascodltionsa dangerous to Virtuang or oouupants of zuah building, str°uetture or pz -
assiaos gather than tho maintainer thereof, sball be punlabod by a fine of not loses
than one bollar nor raga than ton Pollarso
62CTAN Ile No proseoution shall be brought under seattiaras 0 W 10 off' thIm or-W
di.naa= until the otter* provided fors In Motion 6 to given, mad the party notifio
sad shall tall or rePuso to comply vibe Wo samm,
SiCTl'ON IQ Penalties pro idod for herein shall be rooev Bred by the city In the
swags manner aao provided by leap for onfaroanent Of Wee, and punle,
mea h for offenses agaiust against the a3° ',
OBCTTGN 160 Every dsryasa of the aeand tlena prohibited to any of they
foregoing seatinne shall boa a di.sti not and separate off en
SECTION 14* All misdemeanors heroin provided for shall be prosoouted and all fines
and Mi"sMr=as provided for heroin small, be rood eyed and anforosd, In the sus
manner as provlood by law for the onforooraont of flues, farteltures, penalties and
pa s9 d tints, for gather offenses generally sag Unaat the oit
SECTION 16, All ordinances or parts of ordinarwas in oonfliat herewith are hereby
reeled,
BECTZON 16. Whereas publio safoty domaud s W Immadiahe postage of this ordin€anoo
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OrOO A,e the OMOO of Fir 1�rahall, and aapow"rjug the said e ftioer is
disohArge the duties harem set: out, ttiere fo e an emorgomoy exits demand
1W, at Susponcion of the rule re quirin o rdinwicem to he read t1woo threes#
said rulo is hereby susimWed, 4wd this ordinatwo shall be In eorae and
Oftoot frmi and with the passage axwd spimovul
Approved VAs Ot:ho day of 00tober AID 1916*
mss,
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