| Chapter 393 |
| 2016 -- H 7279 SUBSTITUTE A Enacted 07/09/2016 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY -- DIVISION OF FIRE SAFETY |
| Introduced By: Representatives Winfield, Ucci, and Marshall |
| Date Introduced: January 21, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 23-28.2-11 of the General Laws in Chapter 23-28.2 entitled |
| "Division of Fire Safety" is hereby amended to read as follows: |
| 23-28.2-11. Investigation of fires and attempted fires. -- (a) The state fire marshal, |
| and/or any of the deputy state fire marshals or assistant state fire marshals, may investigate any |
| fire, or apparently attempted fire, and shall investigate the cause, origin, and circumstances of |
| every fire of suspicious origin, by which property has been damaged or destroyed, or apparently |
| attempted fire, and any fire where a fatality occurs as the result of the fire and, so far as it is |
| possible, determine the cause of the fire. The investigation shall begin immediately after the |
| occurrence of the fire, and local government officials shall cooperate completely and assist the |
| state fire marshal's office in all phases of the investigation. |
| (b) It shall be the responsibility of the local authority having jurisdiction to notify the |
| state fire marshal's office of any fire of suspicious or incendiary origin or where death may have |
| resulted from the fire. The fire marshal shall adopt notification procedures. |
| (c) The state fire marshal, and/or any of the deputy state fire marshals or assistant state |
| fire marshals, and/or municipal officials, including, without limitation, police, fire, and building |
| officials, shall prohibit any and all insurance adjusters, contractors, and restoration companies |
| from engaging in any solicitation or inspection or any physical presence on the premises under |
| investigation until twenty-four (24) hours after either the municipal fire department and/or the |
| state fire marshal, deputy state fire marshal or assistant state fire marshal releases control of the |
| premises back to its legal owner(s) or occupant(s), unless the insurance adjuster, contractor, or |
| restoration company is accompanied by, and acting with, permission of the premises' legal owner. |
| (d) Any insurance adjuster, contractor, or restoration company in violation of the |
| provisions of subsection (c) shall be subject to a civil penalty of one thousand dollars ($1,000) for |
| each violation and may be subject to revocation of the appropriate professional license or |
| registration. |
| SECTION 2. This act shall take effect upon passage. |
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| LC003403/SUB A/2 |
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