Sec. 8. (a) Regardless of the extent of the investigation conducted by a fire department under IC 36-8-17-7, the state fire marshal or a department fire investigator authorized by the state fire marshal may conduct an investigation into the causes and circumstances surrounding any fire or explosion.
(b) To carry out this section, the state fire marshal or a department fire investigator authorized by the state fire marshal may:
(1) exercise its powers under section 4 of this chapter;
(2) assist a prosecuting attorney with any criminal investigation;
(3) subpoena witnesses and order the production of books, documents, and other evidence;
(4) give oaths and affirmations;
(5) take depositions and conduct hearings;
(6) separate witnesses and otherwise regulate the course of proceedings; and
(7) obtain and secure evidence.
(c) Subpoenas, discovery orders, and protective orders issued under this section shall be enforced under IC 4-21.5-6-2.
(d) A person who is summoned and testifies under this section is entitled to receive a minimum salary per diem and a mileage allowance from the fire and building services fund. The budget agency shall set the amount of the per diem and mileage allowance.
(e) The state fire marshal and the department fire investigators authorized by the state fire marshal have law enforcement authority at all times while discharging their duties under this section as employees of the department.
(f) The executive director of the department has law enforcement authority at all times while discharging the duties of the executive director under this section.
As added by P.L.245-1987, SEC.3. Amended by P.L.5-1988, SEC.120; P.L.38-1990, SEC.5; P.L.13-1994, SEC.10; P.L.167-1997, SEC.5; P.L.30-1998, SEC.2; P.L.1-2006, SEC.367; P.L.187-2021, SEC.85.
Structure Indiana Code
Article 14. Fire Safety Laws: Enforcement
Chapter 2. Office of the State Fire Marshal; Board of Firefighting Personnel Standards and Education
22-14-2-2. State Fire Marshal; Appointment; Qualifications
22-14-2-4. Powers of the Department and the State Fire Marshal
22-14-2-5. Public Information on Fire Prevention; Copies of Fire Safety Rules
22-14-2-7. Firefighting Training and Education Programs; Certification; Fee
22-14-2-7.5. Vacancies; Orders
22-14-2-8. Investigations; Powers; Subpoenas; Discovery Orders; per Diem and Mileage Allowance
22-14-2-9. Plans and Specifications for Design Release; Review and Approval
22-14-2-10. Fire Safety Enforcement Program and Complaint Investigation Program