Whenever any structure in the city is on fire, it shall be lawful for the chief, or his designee, to direct such structure, or other structure, fence or fences, which the chief, or his designee, clearly deem hazardous or likely to catch fire and spread to other structures, to be removed or otherwise destroyed for the purpose of hindering, checking, extinguishing or preventing further spread of such fire, and that the city council or any individual member thereof, nor the chief of the department, or any member of the department, shall in any way be held liable for the damage to property or the destruction thereof that may occur by reason of the efforts by the department to hinder, check, extinguish or prevent the spread of such fire. (Ordinance 1152 adopted 5/27/03)

Sec. 5.102 Hindering Fire Operations

(a) During the progress of a fire within the limits of the City of Watauga and for twenty-four (24) hours after its extinguishment, it shall be lawful for the chief of the department, or his designee, to arrest and keep in custody all suspected persons and persons who conduct themselves in a noisy or disorderly manner, or hinder, resist or refuse to obey any such officers while acting in the discharge of his duty.

(b) It shall be unlawful for any person or persons not a member of said department to interfere with or in any manner hinder any member or employee of said department in the discharge of his duties as such.

(c) It shall be unlawful for any person or persons not a member of said department to handle or in any way interfere with any of the apparatus belonging to or used by said department, either at a fire or while traveling to or returning from a fire, or while standing in the department quarters, or at any time, unless such person or persons is requested to do so by the chief, or other duly authorized officer of said department.

(1977 Code of Ordinances, Chapter 7, Article 3, Section 2)

Sec. 5.103 Authority to Enlist Aid at Fire

The chief of the department, or his designee, shall be vested with full power and authority to command all persons present at any fire in the city to assist in the discharge of any duty under the supervision of such chief in the extinguishment of same, or the removal and preservation of property, provided that the persons shall not be bound to obey such officers unless the officers shall wear their badge of office, or unless his official title be known, or be made known to such persons. (1977 Code of Ordinances, Chapter 7, Article 3, Section 3)

Sec. 5.104 Fire Marshal

Such office shall be filled by appointment of the chief of the department of public safety. The said fire marshal shall be properly qualified for the duties of his office and shall be removed at any time for any reason. (1977 Code of Ordinances, Chapter 7, Article 3, Section 4; Ordinance adopting Code)

Sec. 5.105 Investigation of Fires

(a) The fire marshal shall investigate the cause, origin, and circumstances of every fire occurring within this 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 hours of the occurrence of such fire. The fire marshal shall file a report of all fires, 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.

(b) An arson unit is hereby created within the fire department. The arson unit is established as a law enforcement agency for the city for the purpose of making investigations and enforcing state laws and city ordinances concerning investigation into fires which the fire marshal determines to be caused by arson. The administrative official in charge of the arson unit shall be the fire chief and the fire chief shall be responsible for the supervision, direction, and organization of the arson unit.

(Ordinance 1359 adopted 1/28/08)

Sec. 5.106 Authority to Take Testimony

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; and if he 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 such 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. (1977 Code of Ordinances, Chapter 7, Article 3, Section 6)

Sec. 5.107 Authority to Examine Premises

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 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 on said marshal's part. (1977 Code of Ordinances, Chapter 7, Article 3, Section 7)

Sec. 5.108 Authority to Order Defects Corrected; Appeal

The fire marshal, upon complaint of any person having an interest in any building or property adjacent to any other property or building, and/or with or without a written 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 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 or 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 the firemen 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 said building and premises. Provided, however, that if said owner or occupant deems himself aggrieved by such order, he may within five (5) days after written notice of such defect is delivered, 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 said owner or occupant. (1977 Code of Ordinances, Chapter 7, Article 3, Section 8)

Sec. 5.109 Violations Subject to Penalty

Any person who shall violate any of the provisions of the code hereby adopted, or shall fail to comply therewith, or shall violate or fail to comply with any order made thereunder, or shall operate not in accordance with the provisions of any certificate, permit or approval issued thereunder and from which no appeal has been taken; or who shall fail to comply with such order as affirmed or modified by the fire marshal or by a court of competent jurisdiction within the time fixed by the fire marshal or court, severally for each and every such violation and noncompliance, respectively be guilty of a misdemeanor, punishable by a fine as set forth in the general penalty provision in Section 1.109 of this code. (1977 Code of Ordinances, Chapter 7, Article 3, Section 9)

Sec. 5.110 Notice Required

No prosecution shall be brought under this section until the order provided for in Section 5.109 be given, and the party notified shall fail or refuse to comply with the same, within the time allowed. (1977 Code of Ordinances, Chapter 7, Article 3, Section 10)

Sec. 5.111 Each Day is a Separate Offense

Every day's maintenance of the conditions prohibited in any of the forgoing sections shall be a distinct and separate offense. (1977 Code of Ordinances, Chapter 7, Article 3, Section 11)

Sec. 5.112 Portable Fire Extinguishers

Approved fire extinguishers shall be placed in all commercial property. The selection rating, distribution, maintenance, inspection and testing shall comply with the National Fire Protection Association, Standard 10, including appendix, except portions that herein have been deleted, modified or amended.

Sec. 5.113 Protective Signaling Systems

An approved protective signaling system when required by the Uniform Fire Code or the authority having jurisdiction shall comply with the National Fire Protection Association, Standard 72. The installation, maintenance and use of notification appliances shall comply with National Fire Protection Association, Standard 72G. Testing the protective signaling systems shall comply with National Fire Protection Association, Standard 72G. Testing the protective signaling systems shall comply with National Fire Protection Association, Standard 72H. Each of the above mentioned standards shall be whole including appendix, except such portions that herein have been deleted, modified or amended.

Sec. 5.114 Standpipe and Hose Systems

When the Uniform Fire Code or the authority having jurisdiction requires a standpipe system it shall comply with National Fire Protection Association, Standard 14. The inspection, testing and maintenance of the standpipe systems shall comply with National Fire Protection Association, Standard 14A. Each of these standards shall be whole including appendix, except such portions that hereinafter have been deleted, modified or amended.

(Ordinance 912 adopted 4/26/99)