Sec. 8. (a) Regardless of the extent of the investigation conducted by a fire department under IC 36-8-17-7, the state fire marshal or a department fire investigator authorized by the state fire marshal may conduct an investigation into the causes and circumstances surrounding any fire or explosion.

     (b) To carry out this section, the state fire marshal or a department fire investigator authorized by the state fire marshal may:

Terms Used In Indiana Code 22-14-2-8

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Subpoena: A command to a witness to appear and give testimony.
(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 of proceedings; and

(7) obtain and secure evidence.

     (c) Subpoenas, discovery orders, and protective orders issued under this section shall be enforced under IC 4-21.5-6-2.

     (d) A person who is summoned and testifies under this section is entitled to receive a minimum salary per diem and a mileage allowance from the fire and building services fund. The budget agency shall set the amount of the per diem and mileage allowance.

     (e) The state fire marshal and the department fire investigators authorized by the state fire marshal have law enforcement authority at all times while discharging their duties under this section as employees of the department.

     (f) The executive director of the department has law enforcement authority at all times while discharging the duties 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; P.L.187-2021, SEC.85.

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