15 USC 2235 - Investigation authorities

U.S Code last checked for updates: Apr 28, 2024

§ 2235.

Investigation authorities

(a)

In general

(b)

Investigation required

A fire safety investigation conducted under this section—

(1)

shall be conducted in coordination and cooperation with appropriate Federal, State, local, Tribal, and territorial authorities, including Federal agencies that are authorized to investigate any fire; and

(2)

shall examine the previously determined cause and origin of the fire and assess broader systematic matters to include use of codes and standards, demographics, structural characteristics, smoke and fire dynamics (movement) during the event, and costs of associated injuries and deaths.

(c)

Report

(1)

In general

Subject to paragraph (2), upon concluding any fire safety investigation under this section, the Administrator shall—

(A)

issue a public report to the appropriate Federal, State, local, Tribal, and territorial authorities on the findings of such investigation; or

(B)

collaborate with another investigating Federal, State, local, Tribal, or territorial agency on the report of that agency.

(2)

Exception

(3)

Contents

Each public report issued under paragraph (1) shall include recommendations on—

(A)

any other buildings with similar characteristics that may bear similar fire risks;

(B)

improving tactical response to similar fires;

(C)

improving civilian safety practices;

(D)

assessing the costs and benefits to the community of adding fire safety features; and

(E)

how to mitigate the causes of the fire.

(d)

Discretionary authority

(e)

Construction

Nothing in this section shall be construed to—

(1)

affect or otherwise diminish the authorities or the mandates vested in other Federal agencies;

(2)

grant the Administrator authority to investigate a major fire for the purpose of an enforcement action or criminal prosecution; or

(3)

require the Administrator to send investigators or issue a report for a major fire when the Administrator, in coordination and cooperation with the appropriate Federal, State, local, Tribal, and territorial authorities, determine that it may compromise a potential or ongoing criminal investigation.

(f)

Major fire defined

(Pub. L. 93–498, § 38, as added Pub. L. 117–246, § 2, Dec. 20, 2022, 136 Stat. 2345.)

cite as: 15 USC 2235