Official Summary Text
Present law grants police power to the following individuals in the following circumstances:
The commissioner of commerce and insurance and the commissioner's deputies have police powers and the right to make arrests when necessary to preserve the law in the department, and may, in addition to investigations made by any of the commissioner's assistants, at any time make further investigations as to the origin or circumstances of any fire occurring in this state, by the appointment of special assistants or the employment of other means necessary in the commissioner's discretion.
Municipal fire investigators who have been authorized by the chief of the municipal fire department or the director of fire services to conduct investigations relative to the cause and origin of fires and/or arson investigations also have police powers and the right to make arrests when necessary to preserve the laws of this state or their respective municipalities relative to cases of arson or suspected arson.
Salaried county fire investigators who have been authorized by the chief of the countywide fire department or the director of fire services to conduct investigations relative to the cause and origin of fires or arson investigations have police powers and the right to make arrests when necessary to preserve the laws of this state or their respective jurisdiction relative to cases of arson or suspected arson.
This bill removes the authority described above and, instead, generally requires a person to be certified by the peace officer standards and training commission (POST) in order to have police powers to make arrests in all of the following circumstances:
The commissioner of commerce and insurance and the commissioner's deputies have police powers when necessary to preserve the law relative to cases of arson or suspected arson, including the power to make arrests if the individual seeking to exercise the powers has a current certification from the POST. In addition, the commissioner and the commissioner's deputies may conduct further investigations as to the origin or circumstances of a fire occurring in this state by the appointment of special assistants or the employment of other means necessary in the commissioner's discretion. The commissioner or the commissioner's deputies may still conduct investigations as to the origin or circumstances of a fire occurring in this state without a current certification from POST if the commissioner or the commissioner's deputy is not exercising police powers in conducting the investigation.
A municipal fire investigator has police powers, including the power to make arrests, when necessary to preserve the laws of this state or the investigator's respective municipality relative to cases of arson or suspected arson if the municipal fire investigator (i) has been authorized by the chief of the municipal fire department or the director of fire services to conduct investigations relative to the cause and origin of fires or arson investigations; and (ii) has a current certification from POST. A municipal fire investigator may still conduct an investigation relative to the cause and origin of a fire or arson investigations without a current certification from POST if the municipal fire investigator is not exercising police powers in conducting the investigation.
A salaried county fire investigator has police powers, including the power to make arrests, when necessary to preserve the laws of this state or the investigator's respective jurisdiction relative to cases of arson or suspected arson if the salaried county fire investigator (i) has been authorized by the chief of the county-wide fire department or the director of fire services to conduct investigations relative to the cause and origin of fires or arson investigations; and (ii) has a current certification from POST. A salaried county fire investigator may still conduct an investigation relative to the cause and origin of a fire or arson investigations without a current certification from POST if the salaried county fire investigator is not exercising police powers in conducting the investigation.
CERTIFICATE OF COMPLIANCE
On or after January 1, 2027, this bill requires POST to issue a certificate of compliance to the commissioner of commerce and insurance; the commissioner's deputies; a municipal fire investigator; or a salaried county fire investigator if the person meet
s the qualifications for employment as a police officer and satisfactorily completes an approved recruit training program. In order to retain this certification, the person must also successfully complete an annual in-service training session appropriate
f
or the fire investigator's responsibilities.
ON MARCH 30, 2026, THE
SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2005, AS AMENDED.
AMENDMENT #1 changes the effective date of the bill from January 1, 2027, to January 1, 2028.
ON APRIL 8, 2026, THE HOUSE SUBSTITUTED SENATE BILL 2005 FOR HOUSE BILL 1870, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 2005, AS AMENDED.
AMENDMENT #1 makes the following changes:
Provides that a county fire investigator has police powers if the investigator (i) has been authorized by the chief of the county-wide fire department or the director of fire services to conduct investigations; and (ii) has a current certification from POST, regardless of whether or not the investigator is salaried.
Provides that the POST certification requirement does not apply to a municipal or county fire investigator serving as a fire investigator on January 1, 2027, who was hired as a fire investigator prior to January 1, 2021. However, such a fire investigator must comply with the POST certification requirement by January 1, 2030.
Changes the effective date from January 1, 2027, to January 1, 2028.
ON APRIL 13, 2026, THE SENATE CONCURRED IN HOUSE AMENDMENT #
1
.
Current Bill Text
Read the full stored bill text
HOUSE BILL 1870
By Scarbrough
SENATE BILL 2005
By Hatcher
SB2005
009119
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AN ACT to amend Tennessee Code Annotated, Title 5;
Title 6; Title 38 and Title 68, relative to fire
investigation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 68-102-127, is amended by deleting
the section and substituting:
(a)
(1) The commissioner of commerce and insurance and the
commissioner's deputies have police powers when necessary to preserve the law
relative to cases of arson or suspected arson, including the power to make
arrests; provided, that, the individual seeking to exercise the powers has a
current certification from the peace officer standards and training commission
(POST). In addition, the commissioner and the commissioner's deputies may
conduct further investigations as to the origin or circumstances of a fire occurring
in this state by the appointment of special assistants or the employment of other
means necessary in the commissioner's discretion.
(2) Subdivision (a)(1) does not prohibit the commissioner or the
commissioner's deputies from otherwise conducting investigations as to the
origin or circumstances of a fire occurring in this state without a current
certification from POST if the commissioner or the commissioner's deputy is not
exercising police powers in conducting the investigation.
(b)
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(1) A municipal fire investigator has police powers, including the power to
make arrests, when necessary to preserve the laws of this state or the
investigator's respective municipality relative to cases of arson or suspected
arson if the municipal fire investigator:
(A) Has been authorized by the chief of the municipal fire
department or the director of fire services to conduct investigations
relative to the cause and origin of fires or arson investigations; and
(B) Has a current certification from POST.
(2) Subdivision (b)(1) does not prohibit a municipal fire investigator from
conducting an investigation relative to the cause and origin of a fire or arson
investigations without a current certification from POST if the municipal fire
investigator is not exercising police powers in conducting the investigation.
(c)
(1) A salaried county fire investigator has police powers, including the
power to make arrests, when necessary to preserve the laws of this state or the
investigator's respective jurisdiction relative to cases of arson or suspected arson
if the salaried county fire investigator:
(A) Has been authorized by the chief of the county-wide fire
department or the director of fire services to conduct investigations
relative to the cause and origin of fires or arson investigations; and
(B) Has a current certification from POST.
(2) Subdivision (c)(1) does not prohibit a salaried county fire investigator
from conducting an investigation relative to the cause and origin of a fire or arson
investigations without a current certification from POST if the salaried county fire
investigator is not exercising police powers in conducting the investigation.
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SECTION 2. Tennessee Code Annotated, Section 38-8-107, is amended by adding the
following as a new subsection:
(h) The commission shall also issue a certificate of compliance to the
commissioner of commerce and insurance; the commissioner's deputies; a municipal fire
investigator, as described in § 68-102-127(b)(1); or a salaried county fire investigator, as
described in § 68-102-127(c)(1), on or after January 1, 2027, if the person meets the
qualifications for employment as a police officer and satisfactorily completes an
approved recruit training program as required by this part. To retain this certification, the
person shall also successfully complete an annual in-service training session
appropriate for the fire investigator's responsibilities.
SECTION 3. This act takes effect January 1, 2027, the public welfare requiring it, and
applies to conduct occurring on or after that date.