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.
========
LC005459
========