1998 Minnesota Statutes

CHAPTER 438. Fire prevention

  438.01 Repealed, 1949 c 119 s 110 

  438.02 Repealed, 1976 c 44 s 70 

  438.03 Repealed, 1976 c 44 s 70 

  438.04 Repealed, 1976 c 44 s 70 

     438.05 Fire marshal.  

    In every city of the first class in the state which does 
 not now have an official in its fire department designated and 
 acting as fire marshal, under the charter of the city, there is 
 hereby created the office of fire marshal and it shall be the 
 duty of the chief of the fire department of the city to appoint 
 from among the members of the fire department a fire marshal, 
 who shall hold office until removed for cause.  

    HIST: (1423) 1911 c 94 s 1; 1986 c 444 

     438.06 Duties, powers, compensation.  

    It shall be the duty of the fire marshal to examine all 
 property within the city and enforce the ordinances of the city 
 relating to the care of chimneys, the storage and handling of 
 explosives and enforce all other ordinances and laws of the 
 state pertaining to precautions against danger from fires.  The 
 fire marshal shall have power to enter any dwelling or other 
 building between 7:00 a.m. and 6:00 p.m. for the purpose of 
 making this examination, and shall examine into the cause of 
 every fire which shall happen in the city and make a complete 
 report of the same, and make a report thereof monthly to the 
 chief of the fire department.  The fire marshal shall report all 
 violations of ordinances of the city and laws of the state 
 relating to the public safety, in all public buildings, and 
 shall sign and file complaints before the proper prosecuting 
 officers for the enforcement of these ordinances.  The fire 
 marshal shall receive as compensation a sum to be fixed by the 
 board of fire commissioners, not less than the salary paid a 
 captain of the fire department of the city.  

    HIST: (1424) 1911 c 94 s 2; 1986 c 444 

  438.07 Repealed, 1976 c 44 s 70 

     438.08 Municipalities to fight fires outside of limits.  

    The council or any other body of any municipality having 
 control of its fire department may by resolution adopted by a 
 five-sevenths vote authorize its fire department, or any portion 
 thereof, to attend and serve at fires outside of the limits of 
 the municipality either within or without the state.  In case 
 the fire department is controlled by an individual this 
 authorization shall be by written notice posted at the 
 headquarters of the fire department.  

    HIST: (1919-1) 1929 c 232 s 1 

     438.09 Municipalities to arrange for compensation at 
  outside fires.  

    The body or person having control of a municipal fire 
 department shall have authority to contract with other 
 municipalities or private groups for compensation for services 
 rendered in fighting fires as provided in section 438.08.  The 
 compensation agreed shall be a legal charge and collectible by 
 the municipality rendering the service in any court of competent 
 jurisdiction.  

    HIST: (1919-2) 1929 c 232 s 2 

     438.10 Firefighters serving on outside fires in line of 
  regular duties. 

    All municipal firefighters attending and serving at fires 
 outside of the limits of the municipality as authorized in 
 section 438.08 shall be considered as serving in their regular 
 line of duties as fully as if they were serving within the 
 limits of their own municipality. 

    HIST: (1919-3) 1929 c 232 s 3; 1977 c 429 s 63 

     438.11 Cities; expenses to conventions, payment. 

    The governing body of any city of this state, however 
 organized, may appropriate such reasonable sums of money as it 
 deems proper to defray the expenses of members of its regularly 
 organized fire department in attending the state convention of 
 the Minnesota State Fire Department Association, the Minnesota 
 State Fire School, and to meetings of regional firefighter's 
 associations. 

    The term "expenses" shall include payment of a reasonable 
 per diem while in attendance at any such meeting to members of a 
 fire department who are not on a fixed monthly salary. 

    HIST: (1919-4) 1931 c 150 s 1; 1953 c 429 s 1; 1973 c 123 art 
 5 s 7; 1977 c 429 s 63