41-2164. Inspection; consent; search
warrant
A. The fire marshal or a deputy fire marshal or an assistant fire inspector may
investigate fire damage and shall carry out periodic inspection programs of buildings and
premises to examine or inspect for fire hazards.
B. In carrying out such inspections or investigations the fire marshal or a deputy
fire marshal or an assistant fire inspector shall identify himself to the owner or tenant
of such building or premises and seek the consent of such owner or tenant to carry out
such inspection. If such consent is refused, or it is not possible to reasonably obtain
consent, the fire marshal or a deputy fire marshal or an assistant fire inspector shall
obtain a search warrant for such building or property in compliance with title 13,
chapter 38, article 8.
C. If the fire marshal is assisting a local fire department in an investigation of
fire damage, the authority of the local fire department to investigate the fire damage
shall be deemed to include the fire marshal or a deputy fire marshal or an assistant fire
inspector.
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