1.     a.    An investigation record of the state fire marshal, a fire department, or a rural fire protection district is confidential until the investigation:

Terms Used In North Dakota Code 44-04-30

  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

(1) Is closed and not referred for further criminal investigation or prosecution; or

(2) The criminal investigation is no longer active under section 44-04-18.7.

b.    This subsection does not restrict the release of the name and identifiable biographical information of a child under section 12.1-35-03.

2.    Standard operating procedures written for emergency response, prefire action plans, plans of a building, pipeline, electrical system, or any other infrastructure plan in the possession of the state fire marshal, a fire department, or rural fire protection district are exempt from section 44-04-18.

3.    Individually identifiable health information obtained by the state fire marshal, a fire department, or a rural fire protection district is confidential.

4.    An image of a victim of a fire is an exempt record.