Authority of City of Hagerstown fire and explosive investigator

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    (a)    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)    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)    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.


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