§ 5:158. Investigation of fires.(City)

(a)

The fire investigation/arson division of the fire department shall investigate the cause, origin and circumstances of any fire inside the city or parish when:

(1)

The initial fire crew cannot make a determination as to the cause of said fire;

(2)

If an investigator is requested;

(3)

All fires involving loss of life or injury to persons or by which property has been destroyed or damaged and;

(4)

At the request of the incident commander of a parish fire department.

The investigator on duty, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigations shall be begun by the investigator on duty immediately upon the occurrence of such a fire, and if it appears to the investigator that such fire is of incendiary origin, that investigator shall take charge immediately of the fire scene, and secure all evidence and gather facts related to said fire.

The chief of fire investigations shall notify the chief of the department of all fire investigations and the result of prosecution or conviction. Every investigation shall be reported in writing to the chief of investigations or the assistant chief of investigations within two (2) days after the occurrence of same. The report shall be in such form as shall be prescribed by the chief of the department, and shall contain a statement of all the facts relating to the cause, origin and circumstances of such fire, injury to persons, extent of damage thereof, the insurance upon such property, follow up investigations, arrest reports, and such other information as may be required.

(b)

Authority to make arrest and carry firearms. The chief fire investigator, assistant chief fire investigator, and fire investigators when commissioned by the sheriff of the parish or the chief of police of the city, while engaged in the performance of their duties, shall carry their departmental issued weapon at all times while on duty, and shall have the power to arrest individuals suspected of having violated the following criminal laws:

(1)

R.S. 14:51, Aggravated arson;

(2)

R.S. 14:52, Simple arson;

(3)

R.S. 14:53, Arson with intent to defraud;

(4)

R.S. 14:54, Placing combustible material;

(5)

R.S. 14:42.1, Communicating false information of planned arson;

(6)

R.S. 14:54.2, Manufacture and possession of delayed incendiary devices;

(7)

R.S. 14:54.3, Manufacture and possession of a bomb;

(8)

R.S. 14:54.5, Fake explosive devices;

(9)

R.S. 14:59(2), Criminal mischief relating to the giving of any false alarm of fire;

(10)

R.S. 14:204, Fire-raising on lands of another by criminal negligence;

(11)

R.S. 14:205, Fire-raising on lands of another with malice;

(12)

R.S. 14:206, Fire prevention interference;

(13)

R.S. 14:327, Obstructing a fireman;

(14)

R.S. 22:1243, Insurance fraud;

(15)

R.S. 22:1244, Insurance fraud;

(16)

Title 5 City Ordinance, section 5:35, Misdemeanor summons for control of air pollution from outdoor burning (open burning);

(17)

Any other criminal laws making unlawful an attempt or conspiracy to commit the foregoing offenses.

(c)

Warrants and subpoenas. The fire investigation division shall execute arrest warrants, search warrants, and subpoenas in the performance of their duties.

(d)

Assistance from other agencies. The parish attorney, police department, or any local, state, and federal agency upon request by the fire chief may be allowed to assist the investigator in the investigation of any fire which, in their opinion, is of incendiary nature.

(City Code 1951, Title 5, §§ 109, 110; Ord. No. 11723, § 14, 4-26-00)