Fire Prevention and Investigation - As enacted, requires certification from the peace officer standards and training commission and certain other criteria to be met in order for the commissioner of commerce and insurance, the official text

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State f/Jenn&ssee

                             PUBLIC CHAPTER NO. 847

                                                    SENATE BILL NO. 2005

                                                         By Hatcher, Seal

                                           Substituted for: House Bill No. 1870

               By Scarbrough, Boyd, Rudd, Hardaway, Powers, Russell, Eldridge, Alexander

AN ACT to amend Tennessee Code Annotated, Title 5; Title 6; Title 38 and Title 68, relative to fire
          investigation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 68-102-127, is amended by deleting the
section and substituting:

                    (a)(1) The commissioner of commerce and insurance and the commissioner's
                    deputies have police powers when necessary to preserve the law relative to cases of
                    arson or suspected arson, including the power to make arrests; provided, that, the
                    individual seeking to exercise the powers has a current certification from the peace
                    officer standards and training commission (POST). In addition, the commissioner and
                    the commissioner's deputies may conduct further investigations as to the origin or
                    circumstances of a fire occurring in this state by the appointment of special assistants
                    or the employment of other means necessary in the commissioner's discretion.

                              (2) Subdivision (a)(1) does not prohibit the commissioner or the
                    commissioner's deputies from otherwise conducting investigations as to the origin or
                    circumstances of a fire occurring in this state without a current certification from
                    POST if the commissioner or the commissioner's deputy is not exercising police
                    powers in conducting the investigation.

                    (b)(1) A municipal fire investigator has police powers, including the power to make
                    arrests, when necessary to preserve the laws of this state or the investigator's
                    respective municipality relative to cases of arson or suspected arson if the municipal
                    fire investigator:

                                        (A) Has been authorized by the chief of the municipal fire department
                              or the director of fire services to conduct investigations relative to the cause
                              and origin of fires or arson investigations; and

                                        (8) Has a current certification from POST.

                              (2) Subdivision (b)(1) does not prohibit a municipal fire investigator from
                    conducting an investigation relative to the cause and origin of a fire or arson
                    investigations without a current certification from POST if the municipal fire
                    investigator is not exercising police powers in conducting the investigation.

                    (c)(1) A county fire investigator has police powers, including the power to make
                    arrests, when necessary to preserve the laws of this state or the investigator's
                    respective jurisdiction relative to cases of arson or suspected arson if the county fire
                    investigator:

                                        (A) Has been authorized by the chief of the county-wide fire
                              department or the director of fire services to conduct investigations relative to
                              the cause and origin of fires or arson investigations; and
SB 2005
                                       (B) Has a current certification from POST.

                             (2) Subdivision (c)(1) does not prohibit a county fire investigator from
                   conducting an investigation relative to the cause and origin of a fire or arson
                   investigations without a current certification from POST if the county fire investigator
                   is not exercising police powers in conducting the investigation.
                   (d)(1) The POST certification requirement under this section does not apply to a
                   municipal or county fire investigator serving as a fire investigator on January 1, 2027,
                   who was hired as a fire investigator prior to January 1, 2021.

                             (2) A municipal or county fire investigator serving as a fire investigator on
                   January 1, 2027, who was hired as a fire investigator on or after January 1, 2021,
                   shall comply with the POST certification requirement under this section by January 1,
                   2030.
          SECTION 2. Tennessee Code Annotated, Section 38-8-107, is amended by adding the
following as a new subsection:
                   (h) Except as otherwise provided in§ 68-102-127(d), the commission shall also issue
          a certificate of compliance to the commissioner of commerce and insurance; the
          commissioner's deputies; a municipal fire investigator, as described in§ 68-102-127(b)(1); or
          a county fire investigator, as described in § 68-102-127(c)(1 ), on or after January 1, 2028, if
          the person meets the qualifications for employment as a police officer and satisfactorily
          completes an approved recruit training program as required by this part. To retain this
          certification, the person shall also successfully complete an annual in-service training
          session appropriate for the fire investigator's responsibilities.
          SECTION 3. This act takes effect January 1, 2028, the public welfare requiring it, and applies
to conduct occurring on or after that date.

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         SENATE BILL NO. 2005

PASSED:  April 13, 2026

         0 c..--\..""\ To, ~l.l.\._.~
                         \                TRANDY M'~

                              SPEAKER OF THE SENATE

                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

APPROVED this ~ day of ~ i \              2026

         ~
                      BILL LEE, GOVERNOR