Legislation gives specific people the authority to enter at all times and may exclude a person from a location where a fire has occurred.
Section 10 of the Fire Services Act gives the local assistant to the fire commissioner (LAFC), the fire commissioner and the fire commissioner’s inspectors the authority to enter at all times and examine a building, premises, motor vehicle, vessel or rolling stock where a fire has occurred, and, if necessary, those adjoining or near the fire.
Section 10 also gives those listed, authority to exclude (keep from entering) a person from the building, premises, motor vehicle, vessel or rolling stock where a fire has occurred.
In all other locations where a fire has not occurred, reasonable advance notice and the consent of an occupier of a private dwelling will be required.
The purpose of the fire investigation, conducted under the Fire Services Act (FSA), is to establish the cause, origin and circumstances of the fire only (FSA section 9). This does not give the LAFC, the fire commissioner or the fire commissioner’s inspectors any authority to determine or investigate criminal activity.
If criminal activity is suspected, the local police of jurisdiction must be contacted immediately by the person investigating the fire to:
If a fire appears to be of suspicious origin (FSA section 13), the LAFC must immediately make a preliminary report to the fire commissioner by calling the Duty Fire Services Advisor at 1-800-663-3456.