Sidebilder
PDF
ePub

Duties.

Inspector, powers and duties.

Fires, report-` ing of.

Insurance company to report losses.

Examination,

shal to make.

SEC. 3. The duties of said assistant shall be to assist the State Fire Marshal, and such appointee may be removed for cause by said fire marshal.

SEC. 4. The State Fire Marshal may in addition to the provision of section two, appoint any person as State inspector who may be known to him to be competent and skilled in the inspection of buildings and their contents. Such person shall have all the power of a deputy fire marshal to enter and inspect buildings, including their contents and occupancies as provided under section eight, and it shall be the duty of such inspectors to report to the fire marshal any faulty or dangerous conditions found; such State inspectors to be duly commissioned and serve without compensation.

SEC. 5. The chief of the fire department of every city or village in which a fire department is established, and the president of each incorporated village or town in which no fire department exists, shall report to the State Fire Marshal every fire occurring in such city or village by which property has been destroyed or damaged. Such report shall be made within two days, not including Sunday, of the occurrence of such fire. Every fire insurance company authorized to transact business in the State of Michigan is hereby required to report to the State Fire Marshal through the secretary or other officer of the company designated by the board of directors for that purpose, all fire losses on property insured in any such company, giving the date of fire, the amount of probable loss, the character of property destroyed, and the supposed cause of the fire. Such report shall be mailed to the State Fire Marshal within three days after notice of loss is received by such company. Each company is hereby also required to report the amount of loss as adjusted on each fire after adjustment is made. Such reports shall be in addition to and not in lieu of any report or reports such companies may be required to make by any law of this State to the Commissioner of Insurance or other State officer.

SEC. 6. The State Fire Marshal, when in his opinion furwhen fire mar- ther investigation be 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 as to which an examination is herein required to be made, and shall cause the same to be reduced in writing; and if he shall be of the opinion that there is evidence sufficient to charge any person with the crime of arson or of conspiracy to defraud or criminal conduct in connection with such fire, he shall cause such person to be arrested and charged with such offense or either of them, and shall keep a record of and 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, and the

progress made in all prosecutions under this act and the results of all cases which are finally disposed of.

mon, etc.

testify.

SEC. 7. The State Fire Marshal and deputy and assistant Witnesses, shall each have power in any county in the State of Michi- may sumgan to summon and compel the attendance of witnesses before them or either of them, to testify in relation to any mat ter which is by the provisions of this act a subject of inquiry and investigation, and may require the production of any book, paper or document deemed pertinent thereto by them or either of them, such witnesses to receive the same compensation and mileage and to be paid in the same manner and from same funds as witnesses in criminal proceedings are now paid, upon the order of the fire marshal or his deputy or assistant. Said State Fire Marshal and deputy and assistant State Fire Marshal are each hereby authorized and empowered to administer oaths and affirmations to any persons appearing as witnesses before them, and false swearing in any matter aforesaid shall be deemed perjury and shall be punished as such. Any witness who refuses to be sworn Refusal to or who refuses to testify or who disobeys any lawful order of said fire marshal or deputy or assistant fire marshal, or who fails or refuses to produce any book, paper or document touching any matter under examination, or who is guilty of any contemptuous conduct after being summoned by them or either of them to appear before them or either of them to give testimony in relation to any matter or subject under investigation as aforesaid shall be deemed guilty of a misdemeanor, and it shall be the duty of the State Fire Marshal or deputy or assistant State Fire Marshal, or either of them, to make complaint against said person or persons so refusing to comply Complaint. with the summons or order of said State Fire Marshal or deputy or assistant State Fire Marshal, before any justice of the peace, police magistrate or in any court of record in the county in which said investigation is being had, and upon the filing of such complaint such cause shall proceed in the same manner as other criminal cases, and upon conviction any such person guilty of a violation of the provisions of this act shall be fined in a sum not exceeding one hundred dollars, and in default of payment thereof shall be imprisoned not to exceed thirty days: Provided, however, That any per Proviso, son so convicted shall have the right of appeal. Said State appeal. Fire Marshal and his subordinates, or either of them, shall have the authority at all times of day and night in the performance of the duties imposed by the provisions of this act, to enter upon and examine any building or premises where any fire has occurred, and other buildings and premises adjoining or near the same. All investigations held by or under the direction of said State Fire Marshal may in his discretion be private, and persons other than those required to be present by the provisions of this act may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed

Buildings, examine.

Removal, etc., when may order.

to communicate with each other until they have been examined.

SEC. 8. The State Fire Marshal, his deputy and assistants, etc., who may the chief of the fire department of all villages and cities where a fire department is established, and the mayor of cities or villages where no fire department exists, and the clerk of each township in the territory without the limits of an organized city or village, upon complaint of any person having an interest in any building or property adjacent, and without any complaint, shall have a right at all reasonable hours for the purpose of examination to enter into and upon all buildings and premises within their jurisdiction. The State Fire Marshal shall make regulations for the keeping, storage, use, manufacture, sale, handling, transportation or other disposition of highly inflammable materials and rubbish, gun powder, dynamite, crude petroleum or any of its products, explosive or inflammable fluids or compounds, tablets, torpedoes or any explosives of a like nature, or any other explosives, including fireworks and fire crackers, and may prescribe the materials and construction of receptacles and buildings to be used for any of the said purposes. Whenever any of said officers shall find any building or other structure, which for want of proper repair or by reason of age and 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 any such officers shall find in any building or upon any premises combustible or explosive material or inflammable conditions dangerous to the safety of the said buildings or premises, they shall order the same to be removed or remedied, and such order shall be forthwith complied with by the owner or occupant of said buildings or premises: Provided, however, That if the said owner or occupant shall deem himself aggrieved by such order, he may within forty-eight hours appeal to the State Fire Marshal, and the cause of complaint shall be at once investigated by the direction of the latter, and unless by his authority the order be revoked such order shall remain in force and be forthwith complied with by said owner or occupant. Any owner or occupant of buildings or premises failing to comply with the orders of the authorities above specified shall be liable to a penalty of not less than ten dollars nor more than fifty dollars for each day's neglect; such penalty to be sued for in the name of the people of the State of Michigan upon the complaint of the fire marshal, deputy or assistant fire marshal or the county attorney, or of any officer named herein, in the county in which such building or buildings shall be situated, before any justice of the peace or in any court of record, and such penalty when recovered shall be paid into the county treasury of the county wherein such recovery is had, one-half of said fines or penalties to belong to the said county wherein such recovery is had and the balance to be remitted by the county treasurer

Proviso, appeal.

Fine.

Where paid.

concurrent jurisdiction.

to the State Treasurer to be credited by him to the general fund: Provided, however, That in municipalities having build- Proviso, ing inspection and fire limits ordinances, nothing herein shall fourt be construed to affect such local regulations, but the jurisdiction of the State Fire Marshal shall in such cases be concurrent with that of the municipal authorities.

schools.

SEC. 9. It shall be the duty of the State Fire Marshal and Fire drills, deputy and assistant fire marshals to require teachers of public and private schools and educational institutions to have one fire drill each month and to keep all doors and exits unlocked during school hours.

SEC. 10. Any officer referred to in this act who neglects to Penalty for comply with any of the requirements hereof shall be guilty violation. of a misdemeanor, and upon conviction shall be fined not to exceed one hundred dollars, and in default of the payment thereof shall be imprisoned not to exceed thirty days.

tion.

SEC. 11. The Commissioner of Insurance and the deputy CompensaCommissioner of Insurance shall receive no extra compensation because of the duties imposed upon them as State Fire Marshal and Deputy State Fire Marshal. The assistant fire Assistant, marshal appointed under the provisions of section two of salary. this act shall receive an annual salary of two thousand dollars. The State Fire Marshal may incur such other expense as may be necessary in the performance of the duties of the office.

marshal to

SEC. 12. The State Fire Marshal shall submit annually to Report, fire the Governor, as early as consistent with full and accurate make. preparation and not later than the first day of April, a detailed report of his official action under this act, and it shall be embodied in his annual report to the legislature.

salary, etc.,

limit.

SEC. 13. The salary of the assistant fire marshal and the Assistant, other expenses which may be incurred under the provisions of this act shall not exceed the sum of ten thousand dollars and shall be paid by the State Treasurer from the funds received from the Commissioner of Insurance for retaliatory fees imposed by act number one hundred ninety-nine of the public acts of nineteen hundred seven, as allowed by the Board of State Auditors.

SEC. 14. All acts or parts of acts in conflict with the pro- Conflicting visions of this act are hereby repealed.

SEC. 15. It is hereby declared that this act is necessary

for the public health, peace and safety.

This act is ordered to take immediate effect.

Approved April 14, 1911.

acts.

Act amended.

Reports, what to include.

Health officer, duty of.

Proviso,

publication of report.

Further proviso.

[No. 80.]

AN ACT to amend act number twenty-seven of the public acts of nineteen hundred nine, as amended by act number three hundred seventeen of the public acts of nineteen hundred nine, entitled "An act defining the powers and duties of local health officers and boards of health in the matter of the protection of the people of the State of Michigan from the disease known as tuberculosis," by adding a new section thereto to be known as section twelve-a.

The People of the State of Michigan enact:

SECTION 1. Act number twenty-seven of the public acts of nineteen hundred nine, as amended by act number three hundred seventeen of the public acts of nineteen hundred nine, entitled “An act defining the powers and duties of local health officers and boards of health in the matter of the protection of the people of the State of Michigan from the disease known as tuberculosis," is hereby amended by adding a new section thereto to be known as section twelve-a, and to read as follows:

SEC. 12a. In addition to the requirements of the reports hereinbefore provided, such reports shall comprehend the occupation at the time disease was contracted and the date thereof, as near as can be, the time thereafter continued at such occupation and all subsequent occupations and term of each to the time of the death or recovery of any person having tuberculosis, and it shall be the duty of every health officer of township or village or city to cause all reports to be made in accordance with the first section of this act, and this section and record copy transmitted as required by section four, and upon the receipt of the full quarterly report by the State Board of Health, said State Board of Health shall compile such report to show the number and location of each case, the number of deaths and number of recoveries, the age, sex, color, occupation at time person contracted the disease, the time continued in the occupation when disease was contracted and all subsequent occupations and term of each up to death or recovery of such person, and so classify same, showing percentage of deaths in each trade or occupation from tuberculosis, as compared with the whole number of deaths in such trade or occupation as shown by the latest reports of local physicians to the local health boards as reported to the State Board of Health: Provided, That such compilation shall be published once every year in the reports of said State Board of Health; that such reports so made up shall Probe at all times open to the inspection of the public: vided further, That the names of the persons so diseased shall not be published.

Approved April 13, 1911.

« ForrigeFortsett »