North Carolina HB 22: Fire Investigation Law Revisions.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 22
Committee Substitute Favorable 3/11/25

Short Title: Fire Investigation Law Revisions. (Public)
Sponsors:
Referred to:
January 30, 2025
*H22-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO EXPAND THE INVESTIGATORY POWERS OF THE OFFICE OF THE STATE 2
FIRE MARSHAL WITH RESPECT TO CERTAIN FIRE INVESTIGATIONS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Article 79 of Chapter 58 of the General Statutes reads as rewritten: 5
"Article 79. 6
"Investigation of Fires and Inspection of Premises. 7
"§ 58-79-1. Fires investigated; reports; records.investigated. 8
The Director of the State Bureau of Investigation, through the State Bureau of Investigation, 9
the Office of the State Fire Marshal, and the chief of the fire department, or chief of police where 10
there is no chief of the fire department, in municipalities and towns, and the county fire marshal 11
and the sheriff of the county and the chief of the rural fire department where such fire occurs 12
outside of a municipality, are hereby authorized to investigate the cause, origin, and 13
circumstances of every fire occurring in such municipalities or counties in which property has 14
been destroyed or damaged, and shall specially make investigation whether the fire was the result 15
of carelessness or design. A preliminary investigation shall be made by the chief of fire 16
department or chief of police, where there is no chief of fire department in municipalities, and by 17
the county fire marshal and the sheriff of the county or the chief of the rural fire department 18
where such fire occurs outside of a municipality, and must be begun within three days, exclusive 19
of Sunday, of the occurrence of the fire, and both the Director of the State Bureau of 20
Investigation, through the State Bureau of Investigation, and the State Fire Marshal, through the 21
Office of the State Fire Marshal, shall have the right to supervise and direct the investigation 22
when he deems it expedient or necessary.as determined by the official who conducts the 23
preliminary investigation. If the official who conducts the preliminary investigation requests 24
investigative assistance from a State agency, the Director of the State Bureau of Investigation, 25
through the State Bureau of Investigation, shall have the exclusive right to supervise and direct 26
investigations in cases involving death or serious bodily injury, first- or second-degree arson, 27
buildings owned or occupied by State or local government, and buildings owned or leased by 28
educational institutions, churches, or religious buildings. 29
The officer making the investigation of fires shall forthwith notify the Director of the State 30
Bureau of Investigation, and must within one week of the occurrence of the fire furnish to the 31
Director of the State Bureau of Investigation a written statement of all facts relating to the cause 32
and origin of the fire, the kind, value and ownership of the property destroyed, and such other 33
information as is called for by the forms provided by the Director of the State Bureau of 34
Investigation. Departments capable of submitting the required information by the utilization of 35
computers and related equipment, by means of an approved format of standard punch cards, 36

General Assembly Of North Carolina Session 2025
Page 2 House Bill 22-Second Edition
magnetic tapes or an approved telecommunications system, may do so in lieu of the submission 1
of the written statement as provided for in this section. The Director of the State Bureau of 2
Investigation shall keep in his office a record of all reports submitted pursuant to this section. 3
These reports shall at all times be open to public inspection. 4
"§ 58-79-5. Director of the State Bureau of Investigation and the State Fire Marshal to 5
make examination; arrests and prosecution. 6
It is the duty of the Director of the State Bureau of Investigation and the State Fire Marshal 7
to examine, or cause examination to be made, into the cause, circumstances, and origin of all 8
fires occurring within the State to which his their attention has been called in accordance with 9
the provisions of G.S. 58-79-1, or by interested parties, by which property is accidentally or 10
unlawfully burned, destroyed, or damaged, whenever in his their judgment the evidence is 11
sufficient, and to specially examine and decide whether the fire was the result of carelessness or 12
the act of an incendiary. The Director of the State Bureau of Investigation and the State Fire 13
Marshal shall, in person, by deputy or otherwise, fully investigate all circumstances surrounding 14
such fire, and, when in his their opinion such proceedings are necessary, take or cause to be taken 15
the testimony on oath of all persons supposed to be cognizant of any facts or to have means of 16
knowledge in relation to the matters as to which an examination is herein required to be made, 17
and