1.
a. An investigation record of the state fire marshal, a fire department, or a rural fire protection district is confidential until the investigation:
(1) Is closed and not referred for further criminal investigation or prosecution; or (2) The criminal investigation is no longer active under section 44-04-18.7">44-04-18.7.
b. This subsection does not restrict the release of the name and identifiable biographical information of a child under section 12.1-35-03.
2. Standard operating procedures written for emergency response, prefire action plans, plans of a building, pipeline, electrical system, or any other infrastructure plan in the possession of the state fire marshal, a fire department, or rural fire protection district are exempt from section 44-04-18.
3. Individually identifiable health information obtained by the state fire marshal, a fire department, or a rural fire protection district is confidential.
4. An image of a victim of a fire is an exempt record.