Chapter 364 |
2022 -- H 7976 Enacted 06/29/2022 |
A N A C T |
RELATING TO HEALTH AND SAFETY -- OFFICE OF THE STATE FIRE MARSHAL |
Introduced By: Representatives Casey, Chippendale, Noret, and Kennedy |
Date Introduced: March 11, 2022 |
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 "Office |
of State Fire Marshal" 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 entering onto the property where the fire occurred to engage in any solicitation or |
inspection or any physical presence on the premises under investigation until twenty-four (24) |
hours after of the fire loss without the consent of the owner or occupant of the property and not |
until such time as 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, 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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LC005459 |
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