IC 22-14-2
    Chapter 2. Office of the State Fire Marshal; Board of FirefightingPersonnel Standards and Education

IC 22-14-2-1
Repealed
    (Repealed by P.L.22-2005, SEC.56.)

IC 22-14-2-2
State fire marshal; appointment; qualifications
    Sec. 2. (a) The governor shall appoint a state fire marshal to directthe division. The state fire marshal serves at the pleasure of thegovernor.
    (b) The state fire marshal must have:
        (1) a recognized interest and knowledge in the areas of fireprevention and fire protection; and
        (2) experience as an administrator.
    (c) The state fire marshal shall serve as a full-time employee ofthe division.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006,SEC.363.

IC 22-14-2-3
Repealed
    (Repealed by P.L.22-2005, SEC.56.)

IC 22-14-2-4
Powers of the division and the state fire marshal
    Sec. 4. (a) To carry out its responsibilities, the division may:
        (1) enter and inspect any property, at a reasonable hour;
        (2) issue and enforce administrative orders under IC 22-12-7and apply for judicial orders under IC 22-12-7-13;
        (3) direct a fire department to assist the division;
        (4) cooperate with law enforcement officers; and
        (5) provide hazardous materials and counterterrorism:
            (A) training;
            (B) support; and
            (C) response assistance.
    (b) To carry out the state fire marshal's responsibility to conductan investigation into the causes and circumstances surrounding a fireor an explosion, the state fire marshal or a division fire investigatorauthorized by the state fire marshal may:
        (1) exercise the powers of a law enforcement officer to preventfires and conduct arson investigations;
        (2) direct a fire department to assist the state fire marshal ordivision fire investigator; and
        (3) cooperate with law enforcement officers.
As added by P.L.245-1987, SEC.3. Amended by P.L.63-2003, SEC.1;P.L.1-2006, SEC.364.
IC 22-14-2-5
Public information on fire prevention; copies of fire safety rules
    Sec. 5. (a) The division shall carry out a program to providepublic information concerning fire prevention and maintain data andstatistics concerning fires and fire prevention activities.
    (b) The division shall provide a copy of the fire safety rulesadopted by the commission to the chief of each fire department. Thedivision may exclude, from the rules distributed under thissubsection, any text that is incorporated by reference into the rulespublished in the Indiana Administrative Code.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006,SEC.365.

IC 22-14-2-6
Training programs for fire department personnel
    Sec. 6. (a) The division shall develop programs to train firedepartment personnel and volunteers. The division may developthese training programs in cooperation with any accreditededucational institution or fire fighting association. The division orthe institution may conduct the programs.
    (b) The programs under this section must cover the areas of fireprevention and firefighting.
    (c) The division shall establish inspection training requirementsfor members of volunteer fire companies and certify individuals whomeet these requirements.
    (d) The division shall provide staff and meeting facilities to theeducation board to carry out section 7 of this chapter.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006,SEC.366.

IC 22-14-2-7
Firefighting training and education programs; certification; fee
    Sec. 7. (a) This section does not limit the powers, rights, duties,and other responsibilities of municipal or county governments orimpose requirements affecting pension laws or any other laws.
    (b) This section does not require a member of a fire department tobe certified.
    (c) The education board may:
        (1) certify firefighting training and education programs thatmeet the standards set by the education board;
        (2) certify fire department instructors who meet thequalifications set by the education board;
        (3) direct research in the field of firefighting and fire preventionand accept gifts and grants to direct this research;
        (4) recommend curricula for advanced training courses andseminars in fire science or fire engineering training to publicand private postsecondary educational institutions;
        (5) certify fire service personnel and nonfire service personnelwho meet the qualifications set by the education board;
        (6) require fire service personnel certified at any level to fulfill

continuing education requirements in order to maintaincertification;
        (7) contract or cooperate with any person and adopt rules underIC 4-22-2 to carry out its responsibilities under this section; or
        (8) grant a variance to a rule the education board has adopted.
    (d) The education board may impose a reasonable fee for theissuance of a certification described in subsection (c). The boardshall deposit the fee in the fire and building services fund establishedby IC 22-12-6-1.
As added by P.L.245-1987, SEC.3. Amended by P.L.170-1996,SEC.1; P.L.30-2001, SEC.1; P.L.22-2005, SEC.41; P.L.101-2006,SEC.35; P.L.2-2007, SEC.308.

IC 22-14-2-8
Investigations; powers of office; subpoenas; discovery orders; perdiem and mileage allowance
    Sec. 8. (a) Regardless of the extent of the investigation conductedby a fire department under IC 36-8-17-7, the state fire marshal or adivision fire investigator authorized by the state fire marshal mayconduct an investigation into the causes and circumstancessurrounding any fire or explosion.
    (b) To carry out this section, the state fire marshal or a divisionfire 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 ofproceedings; and
        (7) obtain and secure evidence.
    (c) Subpoenas, discovery orders, and protective orders issuedunder this section shall be enforced under IC 4-21.5-6-2.
    (d) A person who is summoned and testifies under this section isentitled to receive a minimum salary per diem and a mileageallowance from the fire and building services fund. The budgetagency shall set the amount of the per diem and mileage allowance.
    (e) The state fire marshal and the division fire investigatorsauthorized by the state fire marshal have law enforcement authorityat all times while discharging their duties under this section asemployees of the department.
    (f) The executive director of the department of homeland securityhas law enforcement authority at all times while discharging theduties 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.

IC 22-14-2-9 Plans and specifications for design release; review and approval
    Sec. 9. The division shall review and may approve plans andspecifications presented to the division for a design release underIC 22-15-3 for compliance with the fire safety laws.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006,SEC.368.

IC 22-14-2-10
Fire safety enforcement program and complaint investigationprogram
    Sec. 10. (a) The division shall carry out a program to:
        (1) enforce all fire safety laws and related variances and otherorders; and
        (2) protect the public from fire hazards.
    (b) The division shall carry out a program to investigatecomplaints.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006,SEC.369.

IC 22-14-2-11
Inspection programs
    Sec. 11. The division shall carry out a program to periodicallyinspect structures and other property that are used by the state, acounty, a city, a town, or a school corporation, including institutionswhere inmates are involuntarily detained. Inspections shall beconducted under the schedule specified by the division. The divisionmay exclude a class of buildings or other property from inspectionunder this section, if the division determines that the public interestwill be served without inspection.
As added by P.L.245-1987, SEC.3. Amended by P.L.1-2006,SEC.370.

IC 22-14-2-12
Fire investigator retirement
    Sec. 12. Whenever a division fire investigator retires after at leasttwenty (20) years of service, the division shall, in recognition of theinvestigator's service to the division, do the following:
        (1) Allow the investigator to retain the service weapon issuedto the investigator by the division.
        (2) Issue the investigator a badge that indicates the investigatoris a retired division fire investigator.
        (3) Issue the investigator an identification card that contains thefollowing information:
            (A) The name of the division.
            (B) The name of the investigator.
            (C) The investigator's position title before the investigator'sretirement.
            (D) A statement that the investigator is retired.
            (E) A statement that the investigator is authorized to retainthe service weapon issued to the investigator by the division.As added by P.L.140-2005, SEC.4. Amended by P.L.1-2006,SEC.371.