68-102-111 - Assistants to investigate every fire Reports Demolition of structures beyond repair.
68-102-111. Assistants to investigate every fire Reports Demolition of structures beyond repair.
(a) The assistants to the commissioner, as provided in §§ 68-102-101 68-102-110, shall investigate the cause, origin, and circumstance of every fire occurring in any city or place in this state by which property has been destroyed or damaged, and so far as it is possible, determine whether the fire was the result of carelessness or design. The investigation shall be begun immediately upon the occurrence of the fire by the assistant in whose territory the fire has occurred, and if it appears to the officer making the investigation that the fire is of suspicious origin, the commissioner shall be immediately notified of the fact. Every fire so occurring shall be reported, in writing, to the commissioner, within ten (10) days after the occurrence of the fire, by the officer so designated, in whose jurisdiction the fire has occurred. The report shall be in the form prescribed by the commissioner and shall contain a statement of all facts relating to the cause and origin of the fire that can be ascertained, the extent of damages and the amount of insurance on the property, and such other information as may be required. A person or entity that reports information in accordance with this section is immune from civil liability for reporting such information; provided, that the person or entity acted in good faith and without malice.
(b) Whenever any assistant determines, in the course of an investigation required by subsection (a), that a building or other structure has been damaged so extensively that repair is not a feasible alternative, the assistant shall order the remains of the building or structure demolished, materials removed, and all dangerous conditions remedied. The order shall be delivered with written notice to the person responsible for the building or structure and shall state that the person must comply with the order within six (6) months or, if an insurance claim is pending on such building or structure, then the person must comply with the order within six (6) months after settlement of such claim. The person responsible for the building or structure may appeal the order, for which purpose the provisions of §§ 68-102-118 68-102-120 shall apply. If the person fails to comply with the order, or with the modified order if applicable, the assistant shall cause the building or structure to be demolished, materials removed and all dangerous conditions remedied, the expense to be borne by the person. Should the person fail or neglect to repay the expenses within thirty (30) days after all dangerous conditions are so remedied, the provisions of §§ 68-102-122 68-102-125 shall apply.
(c) For purposes of subsection (b) only, assistant means:
(1) Within the boundaries of an incorporated place, a person appointed under the authority of § 68-102-108 or § 68-102-109; or
(2) Outside the boundaries of an incorporated place but within a county, a person appointed by the legislative body of the county, under the authority hereby extended, to perform the duties established by subsection (b). Any such legislative body that so appoints a person may fix the person's rate of compensation, which shall be paid from the county general fund.
[Acts 1915, ch. 131, § 5; Shan., § 3079a270; impl. am. Acts 1923, ch. 7, § 55; Code 1932, § 5687; Acts 1978, ch. 827, § 1; T.C.A. (orig. ed.), §§ 53-2411, 68-17-111; Acts 2004, ch. 644, § 1.]