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 POWER S 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 shall cause the same to be reduced in writing. If the Director of the State Bureau of 18
Investigation Investigation, the State Fire Marshal, or any deputy appointed to conduct such 19
investigations, is investigations is of the opinion that there is evidence to charge any person or 20
persons with the crime of arson, or other willful burning, or fraud in connection with the crime 21
of arson or other willful burning, he the Director may arrest with warrant or cause such person 22
or persons to be arrested, charged with such offense, and prosecuted, and shall furnish to the 23
district attorney of the district all such evidence, together with the names of witnesses and all 24
other information obtained by him, obtained, including a copy of all pertinent and material 25
testimony taken in the case. 26
"§ 58-79-10. Powers of the Director of the State Bureau of Investigation and the State Fire 27
Marshal in investigations. 28
The Director of the State Bureau of Investigation, the State Fire Marshal, or his deputy their 29
deputies appointed to conduct such examination, has have the powers of a trial justice for the 30
purpose of summoning and compelling the attendance of witnesses to testify in relation to any 31
matter which is by provisions of this Article a subject of inquiry and investigation, and may 32
administer oaths and affirmations to persons appearing as witnesses before them. False swearing 33
in any such matter or proceeding is perjury and shall be punished as such. The Director of the 34
State Bureau of Investigation Investigation, the State Fire Marshal, or his deputy has their 35
deputies have authority at all times of the day or night, in performance of the duties imposed by 36
the provisions of this Article, to enter upon and examine any building or premises where any fire 37
has occurred, and other buildings and premises adjoining or near the same. All investigations 38
held by or under the direction of the Director of the State Bureau of Investigation Investigation, 39
the State Fire Marshal, or his deputy their deputies may, in their discretion, be private, and 40
persons other than those required to be present by the provisions of this Article may be excluded 41
from the place where the investigation is held, and witnesses may be kept apart from each other 42
and not allowed to communicate with each other until they have been examined. 43
"§ 58-79-15. Failure to comply with summons or subpoena. 44
The failure of a person to comply with a summons or subpoena of the Director of the State 45
Bureau of Investigation Investigation, the State Fire Marshal, or his deputy their deputies under 46
G.S. 58-79-10 shall be brought before a court of record and punished as for contempt in the same 47
manner as if he the person had failed to appear and testify before said court of record. 48
… 49
"§ 58-79-40. Insurance company to furnish information. 50 General Assembly Of North Carolina Session 2025
House Bill 22-Second Edition Page 3
(a) The chief of any municipal fire or police department, county fire marshal or sheriff, 1
or special agent of the State Bureau of Investigation or the Office of the State Fire Marshal may 2
request any insurance company investigating a fire loss of real or personal property to release 3
any information in its possession relative to that loss. The company shall release the information 4
and cooperate with any official authorized to request such information pursuant to this section. 5
The information shall include, but is not limited to: 6
(1) Any insurance policy relevant to a fire loss under investigation and any 7
application for such a policy; 8
(2) Policy premium payment records; 9
(3) History of previous claims made by the insured for fire loss; 10
(4) Material relating to the investigation of the loss, including statements of any 11
person, proof of loss, and any other relevant evidence. 12
(b) If an insurance company (or insurance agency) has reason to suspect that a fire loss 13
to its insured's real or personal property was caused by incendiary means, the company shall 14
furnish the State Bureau of Investigation or the Office of the State Fire Marshal with all relevant 15
material acquired during its investigation of the fire loss, cooperate with and take such action as 16
may be requested of it by any law-enforcement agency, and permit any person ordered by a court 17
to inspect any of its records pertaining to the policy and the loss. 18
(c) In the absence of fraud or malice, no insurance company (or insurance agency), or 19
person who furnishes information on its behalf, shall be liable for damages in a civil action or 20
subject to criminal prosecution for any oral or written statement made or any other action that is 21
necessary to supply information required pursuant to this section. 22
(d) The officials and departmental and agency personnel receiving any information 23
furnished pursuant to this section shall hold the information in confidence until such time as its 24
release is required pursuant to a criminal or civil proceeding. 25
(e) Any official referred to in subsection (a) of this section may be required to testify as 26
to any information in his the official's possession regarding the fire loss of real or personal 27
property in any civil action in which any person seeks recovery under a policy against an 28
insurance company for the fire loss. 29
…." 30
SECTION 2. This act becomes effective October 1, 2025. 31