US Laws, Codes, Statutes & Cases

      (a)      In this section, "Montgomery County fire and explosive investigator" means an individual who:

            (1)      is assigned to the fire and explosive investigations section of the Montgomery County Fire Marshal's Office; and

            (2)      (i)      has the rank of a fire rescue lieutenant or higher; and

                  (ii)      has successfully completed a training program from a police training school approved by the Police Training Commission established under Title 3, Subtitle 2 of the Public Safety Article.

      (b)      Except as provided in subsection (c) of this section, a Montgomery County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under § 2-208 of this subtitle:

            (1)      while operating in Montgomery County; and

            (2)      while operating outside Montgomery County when:

                  (i)      the Montgomery County fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;

                  (ii)      the Montgomery County fire and explosive investigator is rendering assistance to another law enforcement officer;

                  (iii)      the Montgomery County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

                  (iv)      an emergency exists.

      (c)      The Montgomery County Fire Administrator:

            (1)      may limit the authority of a Montgomery County fire and explosive investigator under this section; and

            (2)      shall express the limitation in a written policy.