1. The state fire marshal or any law enforcement officer as defined by section 12.1-01-04 may, in writing, require an insurance company at interest to release to the fire marshal or officer any or all relevant information or evidence deemed important which the company may have in its possession, relating to a fire loss when arson is suspected. This requirement is in addition to the information required to be reported by an insurance company under section 18-01-05. 2. Relevant information may include, but is not limited to: a. Pertinent insurance policy information relevant to a fire loss under investigation and any application for such a policy. b. Policy premium payment records which are available. c. History of previous claims made by the insured. d. Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation. 3. When an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, the company shall, in writing, notify the state fire marshal, or a law enforcement officer as defined by section 12.1-01-04, and provide any or all material developed from the company's inquiry into the fire loss. 4. Any insurance company providing information to the state fire marshal or a law enforcement officer pursuant to this section has the right to request and receive relevant information from the state fire marshal or law enforcement officer within a reasonable time not to exceed thirty days.
5. Any insurance company, person acting in its behalf, or authorized agency, that releases information pursuant to this section, whether written or oral, is immune from any liability arising out of the release of such information. 6. For the purposes of this section, "immune" means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this section when actual malice, on the part of the insurance company, person acting in its behalf, or authorized agency, against the insured is not present. 7. The state fire marshal, any law enforcement officer, and any insurance company that receives any information furnished pursuant to this section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. The state fire marshal and any law enforcement officer shall testify, if requested, in any litigation in which the insurance company at interest is named as a party.
18-01-06. Fire chiefs and auditors or secretaries of cities and rural fire protection districts must report fires. Within thirty days after the occurrence of any fire in which property in a city or rural fire protection district has been destroyed or damaged, an organization that is contracted by a political subdivision for fire protection or the fire chief of such city or rural fire protection district, if a fire department is maintained therein, or the auditor of the city or the secretary of the rural fire protection district, if a fire department is not maintained therein, shall report the cause, if known, and the origin and circumstances of the fire and the name of the owner and occupant of such property, to the state fire marshal. Reports shall be submitted in a form compliant and compatible with the national emergency response information system, or in a manner prescribed by the state fire marshal. Such report must show whether such fire was the result of carelessness, accident, or design. The provisions of this section must be complied with, insofar as the same are applicable, if the fire is of unknown origin, regardless of the amount of damage caused thereby.
18-01-07. State fire marshal may direct investigation - Report of investigation - Records in state fire marshal's office. An investigation of each fire must be made by the officers required to report the occurrence of fires under section 18-01-06. When the state fire marshal deems it expedient or necessary, the state fire marshal may supervise and direct any of such investigations. Within thirty days after the occurrence of a fire, the officer investigating it shall furnish to the state fire marshal a written report containing a statement of the facts relating to the origin and cause of the fire and such other information as the state fire marshal may require. The state fire marshal shall have access to a record of all fires reported in the state together with the facts, circumstances, and statistics in connection therewith and showing the origin of such fires as the same may be determined from the reports.
18-01-08. Compensation of fire chiefs and executive officers of municipalities for reporting to state fire marshal. Repealed by S.L. 2019, ch. 182, § 8.
18-01-09. Investigation by state fire marshal - Complaint to bureau of criminal investigation - Records of arson prosecutions. If any investigation made pursuant to the provisions of section 18-01-07 is insufficient in the opinion of the state fire marshal, the state fire marshal shall take or cause to be taken the sworn testimony of all persons having any means of knowledge in relation to the matter under investigation and shall cause the same to be reduced to writing. If the state fire marshal is of the opinion that there is evidence sufficient to charge any person with the crime of arson, the state fire marshal shall furnish to the bureau of criminal investigation and the state's attorney the written report created pursuant to section 18-01-07 and a copy of all the pertinent and material
testimony taken in the case. The state fire marshal shall keep a record of the proceedings in all prosecutions for arson and of the results in all cases in which a final disposition is made.
18-01-10. State fire marshal and deputies may subpoena witnesses and records - Witness fees - Oaths - Certificates. The state fire marshal and the state fire marshal's deputies have the power in any county in the state to summon and compel the attendance of witnesses to testify in relation to any matter which is being investigated pursuant to the provisions of this chapter and to that end may administer an oath or affirmation to any person appearing as a witness before them. They may require the production of any pertinent books, papers, or documents, and a summons to appear before either of such officers must be served in the same manner and has the same effect as a subpoena in the district court. All witnesses shall receive the same compensation as is paid to witnesses in the district court, and such compensation must be paid out of the state fire marshal's arson hearing and building condemnation hearing fund upon a voucher signed by the state fire marshal or the deputy state fire marshal before whom any witnesses shall have attended, and approved by the office of the budget. At the close of an investigation to which any witnesses were subpoenaed, the officer conducting the investigation shall certify the attendance and mileage of such witnesses, which certificate must be filed in the office of the state fire marshal.
18-01-11. Refusal of witness at state fire marshal's investigation to testify, produce records, or obey order - Penalty. Any person summoned to be a witness at any investigation conducted by the state fire marshal or by a deputy state fire marshal under the provisions of this chapter is guilty of a class B misdemeanor who: 1. Refuses to be sworn; 2. Refuses to testify; 3. Disobeys any lawful order of the state fire marshal or of any deputy state fire marshal relating to an investigation; 4. Fails or refuses to produce any paper, book, or document touching any matter under investigation upon the order of the officer conducting the investigation; or 5. Behaves contemptuously toward such officer.