Sec. 7.
(1) If the state fire marshal has reason to believe that a crime or other offense has been committed in connection with a fire, the state fire marshal may conduct an inquiry with relation to the fire. The inquiry shall be held at the time and place the state fire marshal directs and may be continued from time to time and to the place the state fire marshal directs.
(2) The state fire marshal may issue subpoenas to compel the attendance of witnesses to testify at the inquiry and for the production of books, records, papers, documents, or other writings or things considered material to the inquiry, may administer oaths or affirmations to witnesses, and may cause testimony to be taken stenographically and transcribed and preserved. Willful false swearing by a witness is perjury.
(3) If a subpoena is disobeyed, the state fire marshal may invoke the aid of the circuit court in requiring the attendance and testimony of witnesses and the production of books, records, papers, documents, or other writings or things considered material to the inquiry. A judge of the circuit court having jurisdiction in the county in which the inquiry is conducted may issue an order requiring the person to appear before the state fire marshal and to produce books, records, papers, documents, or other writings or things considered material to the inquiry and give evidence concerning the matter in question. Failure to obey the court's order may be punished as contempt of the court.
(4) A person shall not be excused from testifying or from producing books, records, papers, documents, or other writings or things considered material to the inquiry in an investigation or at a hearing when ordered to do so by the state fire marshal on the ground that the testimony or evidence may tend to incriminate the person or subject the person to a criminal penalty. Truthful testimony, evidence, or other truthful information compelled under this section and any information derived directly or indirectly from that truthful testimony, evidence, or other truthful information shall not be used against the witness in a criminal case, except for impeachment purposes or in a prosecution for perjury, making a false statement, or otherwise failing to testify or produce evidence as required.
History: 1941, Act 207, Imd. Eff. June 16, 1941 ;-- CL 1948, 29.7 ;-- Am. 1973, Act 199, Imd. Eff. Jan. 11, 1974 ;-- Am. 1978, Act 3, Imd. Eff. Feb. 7, 1978 ;-- Am. 1999, Act 252, Imd. Eff. Dec. 28, 1999 Compiler's Notes: For transfer of certain authority, powers, functions, and responsibilities of the state fire marshal and the fire marshal division of the department of state police to the director of the department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
Structure Michigan Compiled Laws
Act 207 of 1941 - Fire Prevention Code (29.1 - 29.34)
Section 29.1c - Bureau of Fire Services; Duties; Powers.
Section 29.1d - State Fire Marshal; Duties.
Section 29.2 - Administration and Enforcement of Act.
Section 29.2a - Rules; Promulgation; Ad Hoc Committees.
Section 29.3 - Repealed. 1965, Act 200, Imd. Eff. July 16, 1965.
Section 29.3a - Repealed. 1978, Act 3, Imd. Eff. Feb. 7, 1978.
Section 29.3d - Installation of Manual Fire Alarm Box Required in Schools; Exception.
Section 29.3e - Rules Pertaining to Uniform Fire Safety Requirements.
Section 29.5 - Hazardous Materials or Other Substances.
Section 29.5b - Repealed. 1996, Act 152, Imd. Eff. Mar. 25, 1996.
Section 29.5e - Finding of Noncompliance; Revoking or Denying Renewal of Certificate; Order.
Section 29.5f - Repealed. 1996, Act 152, Imd. Eff. Mar. 25, 1996.
Section 29.5g - Fire, Explosion, Spill, Leak, Accident, or Related Occurrence; Notice of Details.
Section 29.5h - Bureau of Fire Services; Duties Generally.
Section 29.5k - Attended Terminal at Which Tank Filled by Pipeline; High Level Alarm System.
Section 29.5l - Unattended Terminal at Which Tank Filled by Pipeline; High Level Alarm System.
Section 29.7d - No Burning Restriction; Conditions; Notice to Public; "Consumer Fireworks" Defined.
Section 29.10 - Service of Orders.
Section 29.11 - Substantial Compliance With MCL 29.8 and 29.9.
Section 29.12 - Orders Presumed Valid and Reasonable; Prima Facie Evidence.
Section 29.15 - Other Persons as Parties Defendant; Service of Order to Show Cause.
Section 29.17 - Acquisition of Title by State Not to Exempt Property From Act.
Section 29.18 - Service of Order or Process; Return of Service.
Section 29.20, 29.21 - Repealed. 1978, Act 3, Imd. Eff. Feb. 7, 1978.
Section 29.21a - Fire Extinguishers or Fire Extinguishing Devices.
Section 29.21b - Fire Extinguishers; Liquefied Compressed Gas, Toxicity.
Section 29.21c - Place of Public Assemblage; Inspection; Certificate Required.
Section 29.21e - Repealed. 1980, Act 247, Eff. Oct. 1, 1980.
Section 29.24 - Annual Report to Governor; Contents.
Section 29.25 - Repeal; Saving Clause.
Section 29.27 - Repealed. 2006, Act 189, Imd. Eff. June 19, 2006.
Section 29.34 - Repealed. 2006, Act 189, Imd. Eff. June 19, 2006.