1. a. An investigation record of the state fire marshal, a fire department, or a rural fire protection district is confidential until the investigation: (1) Is closed and not referred for further criminal investigation or prosecution; or (2) The criminal investigation is no longer active under section 44-04-18.7.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.