1. (A) The State Fire Marshal shall have authority at all times of the day or night, in the performance of duties imposed by this chapter, to enter upon and examine any building or premises where any fire or explosion has occurred and other adjoining buildings or premises. Provided, that the State Fire Marshal may enter a private dwelling or premise only with the permission of the owner or occupant, or if:

   1. (1) there is probable cause to believe that a violation of the provisions respecting fire laws exists;
   2. (2) there exists imminent danger to the occupants thereof or imminent danger of arson; or
   3. (3) a fatality or serious injury has occurred as a result of a fire, an explosion, or arson.
2. (B) The State Fire Marshal shall have authority at any reasonable hour to enter into any public building or premises or any building or premises used for public purposes to inspect for fire hazards.
3. (C) Nothing in this section shall restrict the authority of the State Fire Marshal from investigating any premises which has been damaged by a fire of suspicious cause within a reasonable period of time after the occurrence of such fire.

HISTORY: 1962 Code Section 37-82; 1952 Code Section 37-82; 1947 (45) 322; 1963 (53) 557; 1975 (59) 613; 2022 Act No. 170 (S.460), Section 7, eff May 16, 2022.

Effect of Amendment

2022 Act No. 170, Section 7, redesignated (a) to (c) as (A) to (C); and in (A), in the first sentence, substituted "or explosion has occurred and other adjoining buildings or premises" for "has occurred and other buildings or premises adjoining", rewrote the second sentence, and added (1) to (3).