§ 6-52. Right of entry.

(a)

The fire marshal shall have the authority in the performance of the duties imposed upon him/her by the provisions of this article to enter upon and examine any building or premises where any fire has occurred pursuant to Section 2.107 of the city's Fire Prevention Code, and other buildings and premises adjoining or near the same, which authority shall be exercised only with reason and good discretion.

(b)

The fire marshal, upon complaint of any person having an interest in any building or property adjacent and without any complaint, shall have a right to enter into and upon all buildings and premises within the city pursuant to Section 2.107 of the city's Fire Prevention Code, 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/she 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/she 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 firefighters or occupants, he/she shall order the same to be removed or remedied; and such order shall be forthwith complied with by the owner or occupant of such building or premises; provided, however, that, if the owner or occupant deems himself aggrieved by such order, he may, within five (5) days, appeal to the fire chief, 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.

(Code 1976, § 8-18; Ord. No. 2005-227, § 1, 2-8-05)