31-157. Fire marshal deputies and investigatory personnel; law enforcement powers, when; training required, exceptions.
31-157
31-157. Fire marshal deputies and investigatory personnel; law enforcementpowers, when; training required, exceptions.(a) The state fire marshal, the state fire marshal's deputies and full-timefire prevention personnel assigned investigation duties who are membersof a paid fire department who have been certified by the state fire marshalpursuant to this section shall have the authority to make arrests, carryfirearms and conduct searches and seizures while investigating any fireor explosion in which arson or attempted arson is suspected or in whichthere is an attempt or suspected attempt to defraud an insurance company.Any affidavits necessary to authorize arrests, searches or seizures pursuantto this section shall be made in accordance with K.S.A. 22-2302and 22-2502, and amendments thereto.
(b) The state fire marshal, with the assistance of an advisory committeeappointed pursuant to K.S.A. 31-135 and amendments thereto, shall adoptrules and regulations and specify the number of investigators for departmentsor areas and establish standards for certification of members of fire departmentsto make arrests, carry firearms and conduct searches and seizures pursuantto this section. No fire department personnel shall be certified to carryfirearms under the provisions of this act without having first successfullycompleted the firearm training course or courses prescribed for law enforcementofficers under K.S.A. 74-5604[*], and amendments thereto.
(c) With the exception of firearms training, nothing in this section shallbe construed to require persons employed prior to the effective date ofthis act to comply with the standards established by the state fire marshalpursuant to this section as a condition of continued employment, and suchpersons' failure to comply with such standards shall not make such personsineligible for any promotional examination for which they are otherwiseeligible or affect in any way any pension rights to which they are entitledon the effective date of this act.
History: L. 1982, ch. 135, § 1; July 1.