Sec. 7. (a) A fire department shall investigate and determine the causes and circumstances surrounding each fire occurring within the territory served by the fire department. The fire department shall begin the investigation when the fire occurs. The fire department shall immediately notify the department if the fire chief believes that a crime may have been committed and shall submit a written or electronic report to the department concerning every investigation at the end of each month. The fire department shall submit the report on the form prescribed by the department and shall include the following information in the report:

(1) A statement of the facts relating to the cause and origin of the fire.

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Terms Used In Indiana Code 36-8-17-7

  • 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
  • commission: refers to the fire prevention and building safety commission. See Indiana Code 36-8-17-1
  • department: refers to the department of homeland security established by IC 10-19-2-1. See Indiana Code 36-8-17-4.5
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • fire department: means a paid fire department or a volunteer fire department that renders fire prevention or fire protection services to a political subdivision. See Indiana Code 36-8-17-2
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Subpoena: A command to a witness to appear and give testimony.
(2) The extent of damage caused by the fire.

(3) The amount of insurance on the property affected by the fire.

(4) Other information required in the commission‘s rules.

     (b) To carry out this section, a fire department may:

(1) enter and inspect any real or personal property at a reasonable hour;

(2) cooperate with the prosecuting attorney and assist the prosecuting attorney with any criminal investigation;

(3) request that the office subpoena witnesses under IC 22-14-2-8 or order the production of books, documents, and other papers;

(4) give oaths and affirmations;

(5) take depositions and conduct hearings; and

(6) separate witnesses and otherwise regulate the course of proceedings.

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

As added by P.L.245-1987, SEC.21. Amended by P.L.222-1989, SEC.19; P.L.1-2006, SEC.578; P.L.57-2020, SEC.15; P.L.187-2021, SEC.148.

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