Presentation Transcript

1. Fire Investigations for Fire Service Personnel

2. “Sherlock Holmes pointed out, many types of investigations are susceptible to prejudgment, but few as often as fire scene investigations. Fires, by their destructive nature, consume the evidence of their initiation and progress as they grow. Investigations are compromised, and often scenes are further destroyed by the activities of the fire service, whose primary responsibilities are to save lives and protect property against further damage.”
3. Bothell Fire Investigators Lt. Randy Parkhurst, CFI FF. Doug Werts, CFI We are not necessarily “Arson Investigators” but we are “Fire Investigators”.
4. Certified Fire Investigators Requirements Currently active or has assigned duties as a fire investigator. Meets NFPA 1033 and NFPA 921. Law enforcement background check or be criminal justice commissioned. Recommendation from the AHJ. Haz Mat awareness training to NFPA 472 2–2.1 – 2-2.3, 4.2.1 and 4.2.3.
5. Certified Fire Investigators Training: IFSAC certification 40 hours basic class Courtroom and testimony Class Tested Practical Investigation Tested Written Test Passing score >80% 80 hours of training every 5 years to maintain certification.
6. Message from former US Attorney General Janet Reno “Actions taken at the outset of an investigation at a fire and arson scene can play a pivotal role in the resolution of a case. Careful, thorough investigation is the key to ensuring that potential physical evidence is not tainted or destroyed or potential witnesses overlooked.”
7. Gain knowledge and evidence from destruction
8. The need for Fire Cause determination. State Law - RCW 43.44.050 Reports and investigation of fires The responsibility for investigating the origin, cause, circumstances, and extent of loss of all fires shall be assigned as follows: (a) Within any city or town, the chief of the fire department.
9. The need for Fire Cause determination. International Fire Code 2009 - 104.10 Fire Investigations The Fire Code Official, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition.
10. Make no assumptions. Only evidence can decide what the cause of a fire is. Careful and thorough examination must lead the way. A determination of cause must be supported by science.
11. Complicated fire investigations
12. Main Points Definitions Roles for investigations Fire Causes Need for fire cause determination Factors indicative of incendiary fires Identification of evidence Preservation of evidence Determination the Point of Origin Fire Scene Security When to request a Certified Investigator
13. Definitions Area of Origin – The general room or area where the fire started (the physical location) Point of Origin – The exact location where a heat source and fuel source came into contact with each other and the fire began. Cause – What was factor that created the fire or explosive event? Heat from what? Chemical, Mechanical, Electrical, Incendiary?
14. Definitions Interview – Obtaining information from a witness or person with some knowledge of the circumstances surrounding the event. Scientific Method – A systematic pursuit of knowledge involving the recognition and formulation of a problem, the collection of data through observation and experiment, and the formulation and testing of a hypothesis.
15. Definitions Incendiary – A fire that is intentionally ignited under circumstances in which the person knows that the fire should not be ignited. Spoliation - Loss, destruction, or material alteration of an object or document that is evidence or potential evidence in a legal proceeding by one who has the responsibility for its preservation.
16. Food for thought Protection of potential evidence You can be held responsible for the loss of evidence. Lawsuit in Washington State A defense attorney holds that the Fire Command Officer did not protect the evidence that would have proved the innocence of his client.
17. Definitions Exigent Circumstances 4th Amendment Out of necessity, the fire department has the authority to enter the private properties and residences of the citizens it protects. When an emergency situation requires swift action to prevent imminent danger to life or serious damage to property Or to forestall the destruction of evidence (Spoliation). This includes origin and cause investigations.
18. Protecting evidence may be the most helpful and important thing you can do to aid in the investigation! What can we do? The Command officers, company officers and firefighters are the investigator’s eyes and ears prior to his or her arrival. We can’t see what's going on during the fire, but you can. Fire cause and determination helps prevent fires in the future. Your actions in the early stages of the emergency can be a great asset to the investigation.
19. Responsible for more than just the fire. In addition to being responsible for suppression operations on the fire ground, the fire officer also plays a key role in the fire cause determination process.
20. Observe the Fire and Scene Conditions Observe and mentally note The presence, location and condition of victims and witnesses Vehicles leaving the scene, bystanders, or unusual activities near the scene. Flame and smoke conditions. Type of Occupancy and use of the structure. Conditions of the structure. Lights turned off, fire through the roof, broken windows and/or doors.
21. Observe the Fire and Scene Conditions Conditions surrounding the scene. Blocked driveways, debris, damage to other structures. Weather conditions Unusual characteristics of the scene Presence of containers, exterior burning, absence of normal contents, odors and burn patterns. The type of fire suppression techniques used. Ventilation, forcible entry, utility shut off measures The status of fire alarms, security alarms and sprinklers.
22. Command Officer’s Investigation Role Initiate investigative procedures. Insure fire scene control and preservation. Insure evidence documentation and preservation. Determine if a certified investigator will be called. Provide courtroom testimony when needed.
23. When to call for an Investigator In the City of Bothell Any fire where the estimated total loss exceeds $10,000.00 (except car fires). Fires that appear to be set or suspicious. Fires where there is a death or injury involved. Fires where a crime may have occurred. Possibility of an accelerant being used. Unusual odors or burn patterns. Other (similar) fires in general area. Car fires with suspicious circumstances.
24. When to call for an Investigator In unincorporated Snohomish County Fire appears to be set or suspicious. Damage is $10,000.00 or more. There is a death or injury. Multiple fires or unusual fire spread. A possibility of an accelerant used. Unusual odors or burn patterns. Other (similar) fires in general area. Vehicle fires that exceed $10,000.00 dollars damage. Suspicious circumstances. Vehicle is totally destroyed.
25. Who Calls who… Company Officer Calls… The Battalion Chief The Battalion Chief is to call for an investigator. City of Bothell Fire Investigator (In city limits) For fires occurring in the City limits Request Snohomish County Investigator if a City of Bothell Fire Investigator is not available Snohomish County Fire Investigator Call for all fires that occur in unincorporated Snohomish County. King County Fire Investigator
26. Company Officers Investigation Role Make a preliminary determination of the cause of any fire to which they respond. Secure the scene to preserve evidence. Document fire scene observations. Conditions, and suppression activities. Identify and protect the possible area of origin.
27. Common Causes of Residential Fires Heating Appliances Electrical Appliances Cooking Procedures Combustible/ Flammable Liquids Smoking Materials Electrical Distribution
28. Common Causes of non-residential Fires Electrical Heating Appliances Cooking Procedures Combustible/ Flammable Liquids Smoking Materials Electrical Distribution
29. Scene Preservation Evidence at a fire scene takes many different forms. Evidence may not be permanent and may disappear quickly. Fire suppression activities may adversely affect different forms of evidence. First responders should assess the fire scene to identify potential evidence, and take steps to preserve it.
30. Scene Preservation Recognize threats to evidence. Washing away evidence with water application Overhaul activities Salvage activities Movement of knobs and switches Witnesses leaving the scene Premature removal or movement of bodies
31. Scene Preservation Do what you can to avoid covering evidence. The application of foam If possible hold back the application to minimal amounts. Pulling ceilings We need to see the burn patterns ( Evidence ). Opening walls We need to see the burn patterns ( Evidence ).
32. Scene Preservation Tape off fire scene, including the surrounding area. Keep citizens, media and non-essential fire personnel out of the area. Use police if necessary. Delay overhaul until investigators have completed initial investigation. If possible, do not touch or move items. Listen and observe owners, occupants, and bystanders. Write down comments or odd behaviors but, do not question people or take statements. If witnesses are leaving the scene, ask to see their driver’s license. Obtain name, driver’s license number, date of birth, address, home and work phone numbers. Note things that appear to be unusual and notify the investigator upon his/her arrival.
33. Scene control Maintain control of the scene. Protect the ability for origin and cause investigation to proceed without a warrant. If we lose our ability to investigate through exigent circumstances, we will need a warrant to continue.
34. When to utilize barriers In the event of a fatality fire. When an severe injury to an occupant has occurred . Firefighter injury High profile fires. Suspected arson fires Unruly or difficult to control by-standers Multiple entry points Criminal acts in or around the fire.
35. Helpful things to do… If you feel key evidence might be lost or buried. Throw a tarp over it. Take a picture of it. Mark its location with something. Take a mental note of it. Where it was. How far away from a structural element. What was around it. Tables, ash trays, oxygen cylinders…
36. What is done during an investigation Photograph the exterior of the entire structure. Photograph the interior of the entire occupancy. Identify potential witnesses and determine conditions of the fire area prior to the fire. Identify area of originand photograph. Identify the possible sources of ignition. Rule out sources of ignition. Identify the point of origin and photograph. Document the scene through scene sketches, notes and measurements. Assist Police in the Collection of Evidence.(Criminal Cases) Reconstruct the area of origin (when needed). Document the incident. Compile information. Write the report.
37. Document the Fire Area
38. Factors of incendiary fires It is important to watch for signs of Incendiary Fires. Time of Day Time of week/month/year Conditions upon arrival People at the scene and leaving the scene Something that doesn’t look or feel right Open windows in cold weather Closed windows in hot weather “Helpful” bystanders Doors or windows ajar Conditions during fire ground operations.
39. Evidence Security We destroy more evidence than anyone else! Try not to move, break or destroy anything unless instructed to do so!!! Be careful where you step Report significant findings to your supervisor or Fire Investigator.
40. Watchful eyes Multiple fire locations. Type and color of flames. Flammable liquid containers around. Fire protection systems altered, missing or disabled. Did the fire department have to force entry ? Remember what tactics were used for extinguishment.
41. Finding the cause Find all ignition sources. Determine the area of origin. Rule out sources that are outside the area of origin. Verify that all evidence points to one location. Document findings.
42. Where you come in… Who investigates what? Engine Company Officer Car fires (not suspicious) Rubbish fires
43. Battalion Chief Fires less the $10,000 (estimate) Vehicle fire Vegetation fires not involving a structure. The Battalion Chief will Remain the investigator until… The investigator arrives on scene. If there are questions about the cause… Call for an investigator
44. Car Fires Vehicle fires will be a majority of the fires that are investigated by either the Shift Battalion Chief or the Company Officers. Make sure to document Make and model (if possible) VIN number Area of origin of the fire Engine compartment Trunk Tires Passenger compartment
45. Was the car moving or parked? If was moving it most likely was a mechanical failure.
46. Waste fires Are there any signs of similar fires? Is there any extension? What is the source of ignition? Are there any witnesses?
47. Brush fires Where did it start? Ignition source? Suspicious? Juvenile fire setter? Resources used? These questions may decide as to whether or not you need a CFI.
48. Fires less than $10,000 This ain’t one!!!
49. Fire investigations are an integral part of all fires. Bothell Fire has made huge steps to create a more efficient response to investigation needs. We will make every effort for a rapid response and preliminary determination. If you have a question regarding a fire… Call us!