2013 Maryland Code
CRIMINAL PROCEDURE
§ 2-208 - Authority of State Fire Marshal and assistants

§2-208.

(a) (1) The State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal may arrest a person without a warrant if the State Fire Marshal or assistant has probable cause to believe:

(i) a felony that is a crime listed in paragraph (2) of this subsection has been committed or attempted; and

(ii) the person to be arrested has committed or attempted to commit the felony whether or not in the presence or within the view of the State Fire Marshal or assistant.

(2) The powers of arrest set forth in paragraph (1) of this subsection apply only to the crimes listed in this paragraph and to attempts, conspiracies, and solicitations to commit these crimes:

(i) murder under § 2-201(4) of the Criminal Law Article;

(ii) setting fire to a dwelling or occupied structure under § 6-102 of the Criminal Law Article;

(iii) setting fire to a structure under § 6-103 of the Criminal Law Article;

(iv) a crime that relates to destructive devices under § 4-503 of the Criminal Law Article; and

(v) making a false statement or rumor as to a destructive device under § 9-504 of the Criminal Law Article.

(b) (1) The State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal may arrest a person without a warrant if the State Fire Marshal or assistant has probable cause to believe:

(i) the person has committed a crime listed in paragraph (2) of this subsection; and

(ii) unless the person is arrested immediately, the person:

1. may not be apprehended;

2. may cause physical injury or property damage to another; or

3. may tamper with, dispose of, or destroy evidence.

(2) The crimes referred to in paragraph (1) of this subsection are:

(i) a crime that relates to a device that is constructed to represent a destructive device under § 9-505 of the Criminal Law Article;

(ii) malicious burning in the first or second degree under § 6-104 or § 6-105 of the Criminal Law Article;

(iii) burning the contents of a trash container under § 6-108 of the Criminal Law Article;

(iv) making a false alarm of fire under § 9-604 of the Criminal Law Article;

(v) a crime that relates to burning or attempting to burn property as part of a religious or ethnic crime under § 10-304 or § 10-305 of the Criminal Law Article;

(vi) a crime that relates to interference, obstruction, or false representation of fire and safety personnel under § 6-602 or § 7-402 of the Public Safety Article; and

(vii) threatening arson or attempting, causing, aiding, counseling, or procuring arson in the first or second degree or malicious burning in the first or second degree under Title 6, Subtitle 1 of the Criminal Law Article.

(c) (1) The State Fire Marshal or a full-time investigative and inspection assistant in the Office of the State Fire Marshal may act under the authority granted by § 2-102 of this title to police officers as provided under paragraph (2) of this subsection.

(2) When acting under the authority granted by § 2-102 of this title, the State Fire Marshal or a full-time investigative and inspection assistant in the Office of the State Fire Marshal has the powers of arrest set forth in §§ 2-202, 2-203, and 2-204 of this subtitle.

(d) (1) The State Fire Marshal or a full-time investigative and inspection assistant in the Office of the State Fire Marshal who acts under the authority granted by this section shall notify the following persons of an investigation or enforcement action:

(i) 1. the chief of police, if any, or chief’s designee, when in a municipal corporation;

2. the Police Commissioner or Police Commissioner’s designee, when in Baltimore City;

3. the chief of police or chief’s designee, when in a county with a county police department, except Baltimore City;

4. the sheriff or sheriff’s designee, when in a county without a county police department;

5. the Secretary of Natural Resources or Secretary’s designee, when on property owned, leased, operated by, or under the control of the Department of Natural Resources; or

6. the respective chief of police or chief’s designee, when on property owned, leased, operated by, or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, or Maryland Port Administration; and

(ii) the Department of State Police barrack commander or commander’s designee, unless there is an agreement otherwise with the Department of State Police.

(2) When the State Fire Marshal or a full-time investigative and inspection assistant in the Office of the State Fire Marshal participates in a joint investigation with officials from another state, federal, or local law enforcement unit, the State Fire Marshal or a full-time investigative and inspection assistant in the Office of the State Fire Marshal shall give the notice required under paragraph (1) of this subsection reasonably in advance.

(e) A State Fire Marshal or a full-time investigative and inspection assistant in the Office of the State Fire Marshal who acts under the authority granted by this section:

(1) has the same immunities from liability and exemptions as a State Police officer in addition to any other immunities and exemptions to which the State Fire Marshal or full-time investigative and inspection assistant is otherwise entitled; and

(2) remains at all times and for all purposes an employee of the employing unit.

(f) (1) This section does not impair a right of arrest otherwise existing under the Code.

(2) This section does not deprive a person of the right to receive a citation for a traffic violation as provided in the Maryland Vehicle Law or a criminal violation as provided by law or the Maryland Rules.

§ 2-208 - 1. Authority of Montgomery County fire and explosive investigator

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

(1) is assigned full time to the Fire and Explosive Investigations Section of the Montgomery County Fire Marshal's Office and is a paid employee;

(2) has been employed by the Montgomery County Fire and Rescue Service as a firefighter/rescuer for at least 5 years;

(3) 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; and

(4) at all times maintains active certification by the Police Training Commission.

(b) Authority of investigator. -- 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) Limitation of authority. -- The Montgomery County Fire Chief:

(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.

§ 2-208 - 2. Authority of Anne Arundel County or City of Annapolis fire and explosive investigator

(a) "Anne Arundel County or City of Annapolis fire and explosive investigator" defined. -- In this section, "Anne Arundel County or City of Annapolis fire and explosive investigator" means an individual who:

(1) is assigned full time to the Fire and Explosive Investigations Section of the Anne Arundel County or City of Annapolis Fire Marshal's Office and is a paid employee;

(2) has been employed by the Anne Arundel County or City of Annapolis Fire Department as a firefighter for at least 5 years;

(3) 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; and

(4) at all times maintains active certification by the Police Training Commission.

(b) Authority of investigator. -- Except as provided in subsection (c) of this section, an Anne Arundel County or City of Annapolis 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 Anne Arundel County or the City of Annapolis; and

(2) while operating outside Anne Arundel County or the City of Annapolis when:

(i) the Anne Arundel County or City of Annapolis 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 Anne Arundel County or City of Annapolis fire and explosive investigator is rendering assistance to another law enforcement officer;

(iii) the Anne Arundel County or City of Annapolis 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) Limitation of authority. -- The Anne Arundel County or City of Annapolis Fire Chief:

(1) may limit the authority of an Anne Arundel County or City of Annapolis fire and explosive investigator under this section; and

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

§ 2-208 - 3. Authority of Prince George's County fire and explosive investigator

(a) "Prince George's County fire and explosive investigator" defined. -- In this section, "Prince George's County fire and explosive investigator" means an individual who:

(1) is assigned full time to the Fire and Explosive Investigations Section of the Prince George's County Fire/EMS Department;

(2) has attained the position of deputy fire marshal; and

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

(b) Authority of investigator. -- Except as provided in subsection (c) of this section, a Prince George's 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 Prince George's County; and

(2) while operating outside Prince George's County when:

(i) the Prince George's 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 Prince George's County fire and explosive investigator is rendering assistance to another law enforcement officer;

(iii) the Prince George's 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) Limitation of authority. -- The Prince George's County Fire Chief:

(1) may limit the authority of a Prince George's County fire and explosive investigator under this section; and

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

§ 2-208 - 4. Authority of Worcester County fire and explosive investigator

(a) "Fire and explosive investigator" defined. -- In this section, "fire and explosive investigator" means an individual who:

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

(2) (i) has the rank of deputy fire marshal 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) Applicability of section. -- This section applies only to Worcester County.

(c) Authority of investigator. -- Except as provided in subsection (d) of this section, a 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 Worcester County; and

(2) while operating outside Worcester County when:

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

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

(iv) an emergency exists.

(d) Limitation of authority. -- The County Fire Marshal:

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

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

§ 2-208 - 5. Authority of City of Hagerstown fire and explosive investigator

(a) "Fire and explosive investigator" defined. -- In this section, "fire and explosive investigator" means an individual who:

(1) is assigned full time to the fire and explosive investigations section of the City of Hagerstown Fire Marshal's Office and is a paid employee;

(2) has been employed by the City of Hagerstown Fire Department as a firefighter for at least 5 years;

(3) 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; and

(4) at all times maintains active certification by the Police Training Commission.

(b) Authority of investigator. -- Except as provided in subsection (c) of this section, a 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 the City of Hagerstown; and

(2) while operating outside the City of Hagerstown when:

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

(iii) the 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) Limitation of authority. -- The City of Hagerstown Fire Chief:

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

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