2007 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438.01 [Repealed, 1949 c 119 s 110]

438.02 [Repealed, 1976 c 44 s 70]

438.03 [Repealed, 1976 c 44 s 70]

438.04 [Repealed, 1976 c 44 s 70]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.
History: (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.
History: (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438.07 [Repealed, 1976 c 44 s 70]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.
History: (1919-1) 1929 c 232 s 1

438.09 FIRE DEPARTMENT MAY GET COMPENSATED FOR OUTSIDE FIRE.
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.
History: (1919-2) 1929 c 232 s 2

438.10 FIREFIGHTERS AT OUTSIDE FIRES ARE 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.
History: (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.
History: (1919-4) 1931 c 150 s 1; 1953 c 429 s 1; 1973 c 123 art 5 s 7; 1977 c 429 s 63