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HB 1870

Fire Prevention and Investigation - As enacted, requires certification from the peace officer standards and training commission and certain other criteria to be met in order for the commissioner of commerce and insurance, the commissioner's deputies, a municipal fire investigator, or a salaried county fire investigator to exercise police powers, including the power to arrest, relative to cases of arson or suspected arson. - Amends TCA Title 5; Title 6; Title 38 and Title 68.

114th Regular Session (2025-2026) Introduced by Rick Scarbrough

Requires Tennessee fire investigators to obtain POST commission certification before exercising police powers including arrest authority in arson cases.

Comp. became Pub. Ch. 847
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Bill Summary · HB 1870

Legislative bill overview

HB 1870 requires fire investigators in Tennessee—including state insurance commissioners and their deputies, municipal fire investigators, and county fire investigators—to obtain certification from the Peace Officer Standards and Training (POST) Commission before they can exercise police powers such as arrest authority in arson cases. The bill amends multiple sections of Tennessee law to establish this certification requirement as a prerequisite for law enforcement authority in fire investigation matters.

Why is this important

Fire investigators currently exercise significant police powers, including arrest authority, often without formal POST certification that other law enforcement officers must obtain. This bill creates uniform standards and accountability for who can make arrests in arson cases, potentially improving training consistency and legal protection for both investigators and the public. However, it may create operational delays or barriers if current investigators cannot quickly obtain certification.

Potential points of contention

  • Implementation burden: Existing fire investigators may face challenges obtaining POST certification on short timelines, potentially creating staffing gaps in fire investigation units during a transition period
  • Cost and resource allocation: POST certification requirements impose training and administrative costs on municipalities and counties, raising questions about who funds these mandates
  • Scope of police powers: The bill focuses on arrest authority in arson cases specifically, leaving unclear whether other investigative powers (search, seizure, etc.) require certification or how this interacts with existing investigative authority

Compiled from official sources — confirm details with the bill’s official record.

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