conduct.

Penalty.

Proviso, appeal.

deputy or assistant Fire Marshal, or who fails or refuses to produce any book, paper or document touching any matter Contemptuous 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 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 person so convicted shall have the right of appeal. Said State 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 to communicate with each other until they have been examined. Upon complaint made by the State Fire Marshal, his deputy or the assistant Fire Marshal before any justice of the peace that any law referred to in the foregoing sections of this act has been violated, it When justice shall be the duty of such justice to investigate the same and for that purpose he may summon witnesses in the same manner and to the same extent as in other proceedings for the discovery of crime, and may issue a warrant for the arrest of the person against whom the complaint has been made as in other cases, and it shall be the duty of the prosecuting attorney of the county to prosecute any person so complained of after a warrant has been issued.

Entry and examination of buildings.

Private investigations.

to investigate.

Prosecution.

Storage of inflammables.

SEC. 5. 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 explosive of a like nature, or any other explosives, including fireworks and fire crackers, and may prescribe the materials and construction of recep

keeping

tacles and buildings to be used for any of the said purposes. The keeping, storing, using, manufacturing, selling, handling, Unlawful transporting, or disposing of any of the materials enumerated or sale in this section, in violation of the regulations of the State Fire Marshal is hereby declared to constitute a nuisance and any person violating such regulations shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine not less than fifty dollars and not more than one hundred dollars or by imprisonment in the county jail not more Penalty. than ninety days, or by both such fine and imprisonment in the discretion of the court.

enter and

SEC. 6. The State Fire Marshal, his deputy, and assistants, Who may the chief of the fire department in each village and city where investigate. a fire department is established, the mayor of each city or president of each village 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, or without such complaint, shall have the right at all reasonable hours for the purpose of examination to enter into and upon all buildings and premises within their jurisdiction, and without liability for trespass. Whenever any of said officers shall Report of dangerous find any building or other structure, either public or private, conditions. which for want of repairs, lack of or insufficient fire escapes, automatic or other fire alarm apparatus or fire extinguish ing equipment, or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire and which is so situated as to endanger other property or which is so occupied that fire would endanger persons or property therein, he shall forthwith report the facts and conditions so found to the State Fire Marshal, giving the ownership and location of the building or buildings so examined, the particular conditions noted, a general description of such building or buildings, the purpose or purposes for which used, the character of construction, the character of other buildings so near thereto as to be endangered from fire and a recommendation as to whether such buildings so examined should be repaired or completely torn down and removed.

SEC. 7. Upon receipt of such report it shall be the duty of Duty of fire the State Fire Marshal to examine the same and to determine marshal. from such report or from additional reports or investigation whether, and to what extent, such building or buildings should be repaired, or whether such building or buildings should be torn down or completely removed. Upon making Order of such determination, it shall thereupon be the duty of the fire marshal. State Fire Marshal to prepare and make an order directed to the owner of the building embodying the determination so made. Such order may be served personally upon such Service. owner by any deputy or assistant fire marshal, or by any officer authorized by law to serve process, or may be served by registered mail if directed to the known address of such

owner.

If the owner cannot be found or is absent from the

Proviso, service by mail.

Service on corporation.

Meaning

of "owner."

Proviso, intervention.

Time to comply with order.

Duty

of owner.

Neglect to comply.

Order to

show cause.

city, village or township in which he resides, or is without the county, such order may be served upon any tenant or occupant of the building, with the same effect as if served upon the owner. If personal service upon the owner of such building can not be had within two days after the order has been placed in the hands of an officer for service, then the substituted service herein provided for may be had: Provided, however, That service by registered mail shall not be deemed substituted service where a return receipt is demanded and procured. If the owner is a corporation, whether private or public, the service of such order may be made upon such officer or agent as is provided by statute for the service of the process of the circuit courts of this State in the commencement of suits at law; the word "owner" as in this act used shall be given its ordinary meaning and be held to include any trustee, a board of trustees of such property, or any person having a freehold interest in property, but a lessee or mortgagee of such property shall not be deemed an owner thereof: Provided, however, That nothing in this act shall be construed to prevent a mortgagee or lessee from intervening in or being heard upon the issue involved in an order to show cause as hereinafter provided. The word "owner" shall also be construed to include the plural as well as the singular number. If such order is to repair, the owner of such building shall be given not less than ten days from the service of said order to signify his intention to comply therewith; if such order is to tear down or remove, the owner of such building shall be given not less than thirty days from the service of said order within which to signify his intention to comply therewith. Upon the service of such order, it shall be the duty of the owner of such building to signify his intention to comply with such order by notifying the State Fire Marshal in writing. Failure on the part of any owner so served with an order, to signify his intention within the time limited herein shall be deemed to be a refusal to obey such order.

SEC. 8. At the expiration of the time herein set for the owner to signify his intention to comply with such order, if the owner has neglected or refused to comply therewith, or has not commenced in good faith to comply therewith, the State Fire Marshal shall thereupon file his sworn petition. in the name of his office, in the circuit court for the county in which such property is located, setting forth the facts with relation to the making of such order, proof of the service of the same and a copy thereof, and praying for an order to show cause against the said owner why the said order should not be obeyed. Upon the filing of such petition and presenting the same to the circuit judge, it shall be the duty of the circuit judge to forthwith issue an order to show cause, as prayed, which shall be subject to the rules of practice of the court as to service upon the respondent, the time of return and the manner of hearing the same. Upon the return day

of order.

fixed in such order to show cause the circuit judge shall con- Confirmation firm the order of the State Fire Marshal unless it shall appear from the answer or testimony produced by the respondent that the facts set up in such order of the State Fire Marshal are not substantially true, and upon such issue the State Fire Marshal shall be entitled to be heard and produce witnesses in rebuttal, but shall not be compelled in the first instance to prove the truth of the matters set forth in his petition. The circuit judge may modify the order of the Modification State Fire Marshal upon being satisfied by competent proof that such order as issued is too stringent. From the order or judgment of the circuit judge neither the State nor the No appeal. owner shall have any right of appeal. If the said order is

of order.

affirmed or modified but not reversed or set aside, the respondent shall pay the costs of the proceedings to be taxed Costs. as in other cases. No injunction shall issue from any court Injunction of this State to prevent the State Fire Marshal from carrying out the provisions of this act.

not to issue.

deemed

carried out.

SEC. 9. Failure to forthwith comply with the judgment Failure to of the court in any such matter shall be deemed to be con- comply tempt of court and shall subject the respondent to the pains contempt. and penalties provided by law in contempt cases. In addition to such penalties as may be imposed for contempt of court, the State Fire Marshal is empowered to carry out the said order so affirmed or modified by the circuit court and may Order to be cause such building or premises to be repaired, torn down, demolished,, materials removed and all dangerous conditions. remedied, as the case may be, at the expense of such owner, Expense of and the State shall have a lien against the land upon which owner; lien. such building or buildings may be located as for labor and material furnished and as provided for in the laws relating to liens for mechanics and others, which lien may be en- Enforcement forced as therein provided, and to any lien so filed and enforced there shall be added a penalty of one hundred dollars against the owner of said property, to be collected as a part of the debt for which the lien is given. Such lien shall be Priority given priority over any other outstanding interest in such of lien. land.

of lien.

in schools.

SEC. 10. 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, and it shall be the duty of such teachers to comply with these requirements.

SEC. 11. Except as otherwise provided for in this act, any Penalty. officers or other persons referred to in this act who neglect to comply with any of the requirements hereof shall be guilty 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.

SEC. 12. The Commissioner of Insurance and the deputy No extra pay. Commissioner of Insurance shall receive no extra compensa

Salary of assistant.

Expenses.

Annual report.

Limit of salary and expenses.

How paid.

tion because of the duties imposed upon them as State Fire Marshal and deputy State Fire Marshal. The assistant Fire Marshal appointed under the provisions of section two of 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.

SEC. 13. The State Fire Marshal shall submit annually to the Governor, as early as consistent with full and accurate 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.

SEC. 14. The salary of the assistant Fire Marshal and the other expenses which may be incurred under the provisions of this act shall not exceed the sum of fifteen thousand dollars per annum 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.

How powers and duties construed.

Act to supersede charters, etc. When act deemed coordinate with local laws, etc.

Municipal authority restricted.

Effect of unconstitutional provision.

Act repealed.

Rule of Construction.

SEC. 15. The powers and duties given to the State Fire Marshal and to the several circuit courts of the State in sections five, six, seven, eight and nine of this act, shall be construed in all cases favorably to such officers and courts as against similar authority existing in local officers, and wherever less authority is granted or conferred upon local officers under any charter, provision, ordinance or by-law than is herein given to the State Fire Marshal or the several circuit courts with reference to the same subject matter, the provisions of this act shall be deemed to supersede such charter, provisions, ordinances or by-laws to that extent; and in any case where local by-laws, ordinances, or charter provisions contain equal or greater restrictions, or confer authority upon local officers or courts equal to or greater than is herein granted, with reference to the same subject matter, the provisions of this act shall be deemed co-ordinate therewith, but not superseded thereby. No city, village or township shall have authority to pass or enforce any charter provision, ordinance, or by-law, inconsistent with, or lessening the restrictions of, or powers conferred by, this act.

SEC. 16. If any provision or part of this act should be found and declared unconstitutional by the supreme court of this State or of the United States, such decision shall only affect the provision or part so declared invalid and the remaining portions of this act shall continue in full force and effect.

SEC. 17. Act number seventy-nine of the Public Acts of nineteen hundred eleven, as amended by act number two hun