Chapter 040
2017 -- S 0749
Enacted 06/22/2017

A N   A C T
RELATING TO HEALTH AND SAFETY -- DIVISION OF FIRE SAFETY

Introduced By: Senators P Fogarty, Nesselbush, Lombardi, Metts, and Ciccone
Date Introduced: April 12, 2017

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 or 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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LC002508
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