FIRE PREVENTION CODE
Act 207 of 1941
29.6 Investigation and inquiry into cause or origin of fire; entering and inspecting building or premises; demonstration fire resulting in death or injury; "injury" defined.
Sec. 6.
(1) The state fire marshal may investigate and inquire into the cause or origin of a fire occurring in this state that results in the loss of life or damage to property and for those purposes may enter, without restraint or liability for trespass, a building or premises and inspect the building or premises and the contents and occupancies of the building or premises.
(2) The state fire marshal shall investigate, and prepare a report of the investigation, if a demonstration fire results in the injury or death of an individual who is not a firefighter. As used in this subsection, "demonstration fire" means a fire intentionally set by a fire department for training or other legitimate purposes.
(3) The chief of a fire department shall immediately report to the state fire marshal any injury to or death of a person who is not a firefighter resulting from a demonstration fire.
(4) If a firefighter dies or suffers a reportable injury as defined under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094, resulting from a demonstration fire, the department shall provide a copy of any report of the death or reportable injury to the state fire marshal.
(5) As used in this section, "injury" means an injury that requires prompt medical attention by trained medical personnel.
History: 1941, Act 207, Imd. Eff. June 16, 1941 ;-- CL 1948, 29.6 ;-- Am. 1973, Act 199, Imd. Eff. Jan. 11, 1974 ;-- Am. 1978, Act 3, Imd. Eff. Feb. 7, 1978 ;-- Am. 2001, Act 32, Imd. Eff. June 29, 2001 ;-- Am. 2006, Act 189, Imd. Eff. June 19, 2006
Constitutionality Notes:
To preserve the constitutionality of this section, a warrant requirement must be read into it. People v Tyler, 399 Mich 564; 250 NW2d 467 (1977).
Compiler's Notes:
For transfer of certain authority, powers, functions, and responsibilities of the state fire marshal and the fire marshal division of the department of state police to the director of the department of labor and economic growth, bureau of construction codes and fire safety, by type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
Notes of Decisions
Thomas v. Dep't of State Highways, 247 N.W.2d 530 (Mich. 1976).
· cites it 2× “See Cooperrider, supra, and the majority opinion in Pichette v Manistique Public Schools, 50 Mich App 770 ; 213 NW2d 784 (1973), and the general discussion appearing at 2 Harper and James, The Law of Torts, § 29.6, pp 1619-1627. While we cannot in this case seriously regard…”
Maki v. City of East Tawas, 170 N.W.2d 530 (Mich. Ct. App. 1970).
· cites it 2× “See Prosser, Law of Torts (3d ed), § 125, pp 1009, 1010, n 29-32, discussing the "nuisance" exception to governmental immunity, also 2 Harper and James, the Law of Torts, § 29.6, pp 1626, 1627, n 46, 47; 18 McQuillin, Municipal Corporations (3d ed rev), §§ 53.”
People v. Tyler, 250 N.W.2d 467 (Mich. 1977).
“II The people argue that the evidence was taken by the fire and police officials pursuant to their statutory duties under MCLA 29.6; MSA 4.559(6), providing: "The director or any officer is authorized to investigate and inquire into the cause or origin of a fire occurring in…”
Kassner v. Fremont Mut. Ins., 209 N.W.2d 490 (Mich. Ct. App. 1973).
· cites it 2× “…concluding statement in Dajnowicz that Bailey was an invitation case is not supported by the reported decision. [2] MCLA 29.6; MSA 4.559(6).”
People v. Dajnowicz, 204 N.W.2d 281 (Mich. Ct. App. 1972).
· cites it 2× “The statute under attack is MCLA 29.6; MSA 4.559(6) which provides: "Sec.”
Lykins v. Peoples Cmty. Hosp., 355 F. Supp. 52 (E.D. Mich. 1973).
“” The former are subject to immunity, and the latter are not. A leading treatise has noted that “[t]he dominant governmental-proprietary distinction did not appear in most of the earlier American cases.”
People v. Tyler, 213 N.W.2d 221 (Mich. Ct. App. 1973).
“Secondly, state policy as legislatively established by MCLA 29.6; MSA 4.559(6) 2 authorizes investigation of the cause and origin of fires and provides for entry of the premises without restraint.”
People v. Kulick, 225 N.W.2d 709 (Mich. Ct. App. 1974).
“MCLA 29.6; MSA 4.559(6) provides: "The commissioner or any other officer is authorized to investigate and inquire into the cause or origin of any fire occurring in this state resulting in loss of life or damage to property, and for such purpose may enter, without restraint or…”
Upper Peninsula Power Co. v. Vill. of L'Anse (Mich. Ct. App. 2020).
“And importantly, as UPPCO concedes, there is no case imposing such a reasonableness requirement onto a municipality’s decision to grant or deny a franchise under Clause 2 of § 29.6 UPPCO also avers that to not permit judicial review of the Village’s decision not to renew a…”
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