41-2163

41-2163. Powers and duties; arson
investigators

A. The state fire marshal or a deputy fire marshal or an assistant fire inspector
acting at the direction of the fire marshal shall, under the authority and direction of
the director:

1. Assist in the enforcement of state laws and ordinances of cities and counties
relating to fire prevention and fire protection.

2. Enforce compliance with the fire code adopted by the state fire safety committee
throughout the state except in any city having a population of one hundred thousand
persons or more that has in effect a nationally recognized fire code, whether modified or
unmodified, and that has enacted an ordinance to assume such jurisdiction from the state
fire safety committee. Such cities do not have authority that supersedes and are not
exempt from the state fire safety committee's established fire code in state or county
owned buildings and public schools wherever located throughout the state.

3. Cooperate and coordinate with other state agencies in the administration of the
state fire code.

4. Establish a regularly scheduled fire safety inspection program for all state and
county owned public buildings and all public and private school buildings wherever
located throughout the state, except for private school buildings in cities with a
population of one hundred thousand or more persons according to the last decennial
census.

5. Inspect as necessary all other occupancies located throughout this state, except
family dwellings having fewer than five residential dwelling units and occupancies
located in cities with a population of one hundred thousand or more persons according to
the last decennial census.

6. At the written request of county or municipal authorities, make and provide to
them a written report of the examination made by the state fire marshal of any fire
within their jurisdiction.

7. Compile, update as necessary and make available to the public a fully indexed
and cross-referenced list of all rules adopted by state agencies and departments and
agencies and departments of political subdivisions of this state relating to the control
of all hazardous materials as defined in section 28-5201 and all federal regulations
relating to the control of hazardous materials as defined in section 28-5201 for which
there is no state regulation.

8. Establish and maintain a library of all rules and regulations identified in the
index required by paragraph 7 of this subsection and support the regulated industry's
request for information through research or referral to the agency adopting the specific
rule for technical information or other assistance as circumstances dictate.

9. Administer the arson detection reward fund established by section 41-2167.

B. The state fire marshal and this state are not liable for damages caused by
information that is omitted from the rules and federal regulations compiled pursuant to
subsection A, paragraph 7 of this section.

C. All plans and specifications for new construction, remodeling, alterations and
additions for state, county and public school buildings and grounds shall be submitted to
the director for review and approval by the state fire marshal or as authorized to a
deputy fire marshal or an assistant fire inspector acting at the direction of the fire
marshal before construction. The plans and specifications shall be reviewed and approved
or disapproved within sixty days of submission. No construction shall commence until the
plans have been approved and a permit has been issued.

D. The state fire marshal or a deputy fire marshal or an assistant fire inspector
acting at the direction of the state fire marshal may, under the authority and direction
of the director:

1. Conduct or participate in investigations of causes, origins and circumstances of
fires, including cases of possible arson.

2. Prescribe a uniform system of reporting fires and their causes and effects.

3. Provide and coordinate training in fire fighting and fire prevention and
cooperate with educational institutions to provide and further such training.

4. Impound necessary evidence in conjunction with investigations of causes, origins
and circumstances of fires, in the event that such evidence might be lost, destroyed or
otherwise altered if not so impounded.

5. Employ specialized testing services to evaluate evidence and conditions involved
in fire investigations.

6. Designate certain members of the state fire marshal's staff or a deputy fire
marshal or an assistant fire inspector as arson investigators.

E. The primary duty of investigators designated pursuant to subsection D, paragraph
6 of this section is the investigation, detection and apprehension of persons who have
violated or are suspected of violating any provision of title 13, chapter 17. A person
designated as an arson investigator, while engaged in arson investigation in this state,
possesses and may exercise law enforcement powers of peace officers of this state. This
subsection does not grant any powers of peace officers of this state to arson
investigators other than those necessary for the investigation, detection and
apprehension authority granted by this subsection. Any individual designated as an arson
investigator shall have law enforcement training under section 41-1822.