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1 THE VIEWS EXPRESSED DURING THIS PRESENTATION ARE SOLELY THOSE OF THE PRESENTER AND DO NOT REPRESENT THE VIEWS OF NFPA OR THE 921 AND 1033 COMMITTEES 1

2 QUALIFICATIONS METHODOLOGY 4 REQUIREMENTS TO BE! WHAT ACTIVITY TO DO! HOW! (APPLICATION) The National Professional Qualifications Board was established to develop a set of performance standards for the fire service NFPA 1031 Professional Qualifications for Fire Inspector, Fire Investigator and Fire Prevention Education Officer 6 2

3 1986 The council directed that separate documents be developed for each job function The first edition of NFPA 1033 was published Standards Council established the Technical Committee on Fire Investigator Professional Qualifications Chapters 1 - Administration 2 - Reference Publications 3 Definitions (4 New) 4 - Fire Investigator Annex A, B, and C 16 Pages 9 3

4 1.1 This standard shall identify the professional level of job performance requirements for Fire Investigators 2009 Edition This standard shall identifies the minimum professional level of job performance requirements for Fire Investigators 2014 Edition The purpose of this standard shall be to specify the minimum job performance requirements for service serving as a fire investigator in both the private and public sectors. 12 4

5 In addition to scope and purpose, 1.3 lays out the general requirements to be a fire investigator. 13 LISTS 8 REQUIREMENTS 1. Shall be at least 18 years old 2. Shall have a high school diploma 14 LISTS 8 REQUIREMENTS 3. Shall conduct a thorough background and character investigation prior to accepting an individual as a candidate for certification as a fire investigator 15 5

6 Certifications Depend on 921 and 1033! 16 LISTS 8 REQUIREMENTS 4. JPR s shall be completed in accordance with established practices and procedures or as they are defined by law or the AHJ. 17 LISTS 8 REQUIREMENTS 5. The JPR s listed are not required to be mastered in the order they appear. 18 6

7 LISTS 8 REQUIREMENTS 6. Evaluation of JPR s shall be by individuals who are qualified and approved by the AHJ. 19 LISTS 8 REQUIREMENTS 7. The fire investigator shall remain current with: Investigation methodology Fire protection technology Code requirements By attending workshops, seminars, and/or through professional publications and journals Edition 20 LISTS 8 REQUIREMENTS 8. The fire investigator shall remain current in the topics listed in section by attending formal education courses, workshops and seminars and/or through professional publications and journals Edition 21 7

8 LISTS 8 REQUIREMENTS 8. The investigator shall have and maintain, at a minimum, an up-to-date basic knowledge of the following topics beyond a high school level at a postsecondary education level: 2009 Edition 22 LISTS 8 REQUIREMENTS 7. The investigator shall have and maintain, at a minimum, an up-to-date basic knowledge of the following topics beyond a high school level at a postsecondary education level: 2014 Edition 23 LISTS 8 REQUIREMENTS 1. Fire Science 2. Fire Chemistry 3. Thermodynamics 4. Thermometry 5. Fire Dynamics 6. Explosion Dynamics 7. Computer Fire Modeling 24 8

9 LISTS 8 REQUIREMENTS 8. Fire Investigation 9. Fire Analysis 10. Fire Investigation Methodology 11. Fire Investigation Technology 12. Hazardous Materials 13. Failure analysis and analytical tools 25 LISTS 8 REQUIREMENTS 14. Fire Protection Systems 15. Evidence Documentation, Collection, and Preservation 16. Electricity and Electrical Systems 26 New Annex material added A1.3.7 A discussion of how basic upto-date information on these topics can be found in the current edition of NFPA

10 NFPA Definition: The body of knowledge concerning the study of fire and related subjects (such as combustion, flame, products of combustion, heat release, heat transfer, fire and explosion chemistry, fire and explosion dynamics, thermodynamics, kinetics, fluid mechanics, fire safety) and their interaction with people, structures and the environment. NFPA 921 Chapter 5 Basic Fire Science: Whole chapter addresses this issue. Section 5.1.1: The fire investigator should have a basic understanding of ignition and combustion principles and should be able to use them to help in interpretation of evidence at the fire scene and in the development of conclusions regarding the origin and causes of the fire Defines Fire Chemistry: The study of chemical processes that occur in fire, including changes of state, decomposition, and combustion. The remaining subsections discuss these various components. 29 Webster s defines this as: Physics involving the relations of heat with mechanical forms of energy. The following sections discuss this topic: 5.5 Heat Transfer Heat Release Rate Flame Height 30 10

11 The study of the science, methodology, and practice of temperature measurement. (New definition 2014 Ed. 921) New section in 2014 edition of Entire document discusses temperature and temperature measurement Defines Fire Dynamics: The detailed study of how chemistry, fire science, and the engineering disciplines of fluid mechanics and heat transfer interact to influence fire behavior. Chapter 5 Basic Fire Science discusses principles related to fire dynamics. Chapter 6 Fire Patterns discusses principles related to fire pattern development which is a component of fire dynamics : Fire spread scenarios within a compartment or building should be analyzed using principles of fire dynamics presented in Chapter 5 (Basic Fire Science) and fire pattern development in Chapter 6 (Fire Patterns). 32 Chapter 21 Explosions discusses all aspects of explosion dynamics with explanations of types of explosions, various categories of damage and various effects

12 Section 20.4 discusses Mathematical Modeling. This has various forms and addresses many aspects, such as: heat transfer analysis, flammable gas concentrations, hydraulic analysis, thermodynamic chemical equilibrium analysis, structural analysis, egress analysis, fire dynamics analysis, specialized fire dynamics routines, zone models and field, and computational fluid dynamic models. 34 Section Definition: The process of determining the origin, cause and development of a fire or explosion. All of NFPA 921 is dedicated to this topic. 35 Section Definition: The process of determining the origin, cause, development, responsibility, and when required, a failure analysis of the fire or explosion. Like number eight, most of NFPA 921 is dedicated to this topic

13 Chapter 4 Basic Methodology discusses the Scientific Method and Systematic Approach. The Scientific Method is the methodology that courts around the country are referencing as they evaluate expert testimony in Daubert and similar motions to exclude or limit. 37 Applied technology subjects related to and used in fire investigation including, but not limited to, specialized knowledge and skills in documentation of the investigation, scene and evidence processing, and failure analysis and analytical tools. Added to the definitions of All of NFPA 921 discusses the technology of fire investigation. Sections such as (Measuring Depth of Char) and 20.4 (Computer Modeling) are just examples of specific technology discussed

14 Chapter 12 Safety discusses various aspects of Hazardous Material. NFPA 471 and 472 are specific documents that also address this topic. 40 Chapter 20 is dedicated to this specific topic. This chapter addresses such topics as timelines, system analysis, mathematical modeling and fire tests

15 43 A new chapter (8) is being added to NFPA 921 on Fire Protection Systems for the 2014 Edition EDITION OF 921 (November 2013) Chapter 8 Fire Protection Systems This chapter provides a basic understanding of active fire protection systems, which includes general information, key components, operational and installation parameters, data gathering, and analysis. Passive fire protection systems are addressed in chapter 7. It is important to have a basic knowledge of fire protection systems and their performance during an incident, in order to understand the role of the system and potential impact on the fire

16 Chapter 15 Documentation of the investigation Chapter 16 Physical Evidence Many other chapters discuss documentation of various evidence related issues. 46 Issues such as: Photographs Diagrams Measurements Labeling Packaging Chain of Custody Spoliation 47 Chapter 8 Electricity and Fire Chapter 24 Appliances 48 16

17 ELECTRICITY Electricity is defined by the dictionary as: A physical agency caused by the motion of electrons, protons and other charged particles, manifesting itself as attraction, repulsion, magnetic, luminous and heating effects, etc This definition sounds like it was written by a lawyer LOAD CENTER Main Service Disconnect Double Pole Circuit Breakers Legend Single Pole Circuit Breakers Empty Slots 51 17

18 IDENTIFY COMPONENTS 52 (JPR S) DEFINED: A STATEMENT THAT DESCRIBES A SPECIFIC JOB TASK, LISTS THE ITEMS NECESSARY TO COMPLETE THE TASK, AND DEFINES MEASURABLE OR OBSERVABLE OUTCOMES AND EVALUATION AREAS FOR THE SPECIFIC TASK. 53 Fundamental knowledge one must have in order to perform a specific task

19 The essential skills one must have in order to perform a specific task. 55 Fire Analysis Fire Dynamics Fire Science Fire Investigation Technology 56 Fire Investigation Technology Applied technology subjects related to and used in fire investigation including, but not limited to, specialized knowledge and skills in documentation of the investigation, scene and evidence processing, and failure analysis and analytical tools

20 DIVIDED INTO 7 MAJOR SECTIONS SECTION 1 IS GENERAL SECTIONS 2 THROUGH 7 HAVE THREE BASIC PARTS: 1. THE ACTIVITY 2. REQUISITE KNOWLEDGE 3. REQUISITE SKILL GENERAL 2. SCENE EXAMINATION 3. DOCUMENTING THE SCENE 4. EVIDENCE COLLECTION / PRESERVATION 5. INTERVIEW 6. POST-INCIDENT INVESTIGATION 7. PRESENTATIONS THE INVESTIGATOR SHALL MEET THE JPR S AS DEFINED IN 4.2 THROUGH SHALL EMPLOY ALL ELEMENTS OF THE SCIENTIFIC METHOD AS THE OPERATING ANALYTICAL PROCESS THROUGH-OUT THE INVESTIGATION AND FOR THE DRAWING OF CONCLUSIONS

21 7) SELECT FINAL HYPOTHESIS (This was added to the list) 61 THE FUNDAMENTAL PREMISE OF NFPA 921: THE SCIENTIFIC METHOD

22 OVERALL METHODOLOGY Figure 4.3 Figure 18.2 Figure

23 METHODOLOGY 67 Duties shall include inspecting and evaluating the fire scene, or evidence of the scene if the scene is no longer available, so as to determine the area or point of origin, source of ignition, material ignited and act or activities that brought the ignition source and materials together and to assess the subsequent progression, extinguishment, and containment of the fire Edition 68 Duties shall include inspecting and evaluating the fire scene, and /or conducting a comprehensive review of documentation generated during the original examination of the scene if the scene is no longer available, so as to determine the area or point of origin, source of ignition, material ignited and act or activities that brought the ignition source and materials together and to assess the subsequent progression, extinguishment, and containment of the fire Edition 69 23

24 Documents reviewed when the scene is not otherwise available may include but not limited to incident reports, notes, photographs, diagrams and sketches, evidence, witness statements, test results, laboratory reports and other information that would assist in the determination of the origin and cause Secure the fire ground Conduct exterior survey Conduct interior survey Interpret fire patterns Interpret and analyze fire patterns Examine and remove fire debris Reconstruct the area of origin Inspect the performance of building systems Discriminate the effects of explosions from other types of damage Conduct exterior survey Conduct an exterior survey, given standard equipment and tools, so that evidence is identified and preserved, fire damage is interpreted, hazards are identified to avoid injuries, accessibility to the property is determined, and all potential means of ingress and egress are discovered

25 4.2.4 Interpret fire patterns Interpret fire patterns, given standard equipment and tools and some structural or content remains, so that each individual pattern is evaluated with respect to the burning characteristic of the material involved; and each pattern evaluated in context and relationship with all patterns observed and the mechanisms of heat transfer that lead to the formation of the pattern. 73 Duties shall include diagramming the scene, photographing, and taking field notes to be used to compile a final report Diagram the scene Photographically document the scene Constructive investigative notes 75 25

26 4.3.1 Diagram the scene Diagram the scene, given standard tools and equipment, so that the scene is accurately represented and evidence, pertinent contents, significant patterns, and area(s) or point(s) of origin are identified. 76 (NFPA 921 Section 15.4) Clear and concise Assist the investigator Provide support and detail Assist with interviews Should be prepared in all cases that are expected to be involved in litigation! Photographically document the scene Photographically document the scene, given standard tools and equipment, so that the scene is accurately depicted and the photographs support scene findings

27 4.3.3 Constructive investigative notes Construct investigative notes, given a fire scene, available documents (e.g., prefire plans and inspection reports), and interview information, so that the notes are accurate, provide further documentation of the scene, and represent complete documentation of the scene finding The retention of original notes, diagrams, photographs and measurements..is the best practice

28 Unless otherwise required by a written policy or regulation, such data should be retained SECTIONS DEALING WITH EVIDENCE COLLECTION / PRESERVATION: UTILIZING PROPER PROCEDURES LOCATE, COLLECT AND PACKAGE SELECT EVIDENCE FOR ANALYSIS MAINTAIN CHAIN OF CUSTODY DISPOSAL OF EVIDENCE 83 DUTIES SHALL INCLUDE: Using proper physical and legal procedures to retain identify, document, collect and preserve evidence required with the investigation 2014 Edition 84 28

29 Utilize proper procedures for managing victims and fatalities, given a protocol and appropriate personnel, so that all evidence is discovered and preserved and the protocol procedures are followed (A) REQUISITE KNOWLEDGE Types of evidence associated with fire victims and fatalities and evidence preservation methods (B) REQUISITE SKILLS Observation skills and ability to apply protocols to given situations

30 Locate, collect & package evidence, given standard or special tools & equipment & evidence collection materials, so that evidence is identified, preserved, collected, & packaged to avoid contamination and investigatorinflicted damage and the chain of custody is established Edition 88 Locate, document, collect, label & package and store evidence, given standard or special tools & equipment & evidence collection materials, so that evidence is identified, preserved, collected, & packaged and stored for use in testing, legal or other proceedings and examinations, ensuring cross contamination and investigator-inflicted damage to evidentiary items is avoided and the chain of custody is established Edition EVIDENCE COLLECTION / PRESERVATION (A) REQUISITE KNOWLEDGE TYPES OF EVIDENCE, AUTHORITY REQUIREMENTS, IMPACT OF REMOVING EVIDENTIARY ITEMS ON CIVIL OR CRIMINAL PROCEEDINGS (EXCLUSIONARY OR FIRE-CAUSE SUPPORTIVE EVIDENCE), TYPES, CAPABILITIES, AND LIMITATIONS OF STANDARD & SPECIAL TOOLS USED TO LOCATE EVIDENCE, TYPES OF LABORATORY TESTS AVAILABLE, PACKAGING TECHNIQUES & MATERIALS, AND IMPACT OF EVIDENCE COLLECTION ON THE INVESTIGATION

31 4.4.2 EVIDENCE COLLECTION / PRESERVATION (B) REQUISITE SKILLS ABILITY TO RECOGNIZE DIFFERENT TYPES OF EVIDENCE AND DETERMINE WHETHER EVIDENCE IS CRITICAL TO THE INVESTIGATION EVIDENCE COLLECTION / PRESERVATION 4.4.2* (ANNEX A) FIRE INVESTIGATORS SHOULD DETERMINE AND IDENTIFY IN ADVANCE WHAT AUTHORITY AND SPECIFIC NEED EACH MAY HAVE TO SEIZE AND HOLD ITEM (S) CONSIDERED TO BE EVIDENCE, WHERE SUCH AUTHORITY OR NEED IS LACKING, THE ITEMS SHOULD NOT BE SEIZED Select evidence for analysis given all information from the investigation, so that items for analysis support specific investigation needs 93 31

32 (A) REQUISITE KNOWLEDGE Purposes for submitting items for analysis, types of analytical services available, and capabilities and limitations of the services performing the analysis (B) REQUISITE SKILLS Evaluate the fire incident to determine forensic, engineering, or laboratory needs Maintain a chain of custody, given standard investigative tools, marking tools, and evidence tags or logs, so that written documentation exists for each piece of evidence and evidence is secured

33 (A) REQUISITE KNOWLEDGE Rules of custody and transfer procedures, types of evidence (e.g., physical evidence obtained at the scene, photos, and documents), and methods of recording the chain of custody (B) REQUISITE SKILLS Ability to execute the chain of custody procedures and accurately complete necessary documents Disposal of evidence, given jurisdictional or agency regulations and file information, so that the disposal is timely, safely conducted, and in compliance with jurisdictional or agency requirements

34 (A) REQUISITE KNOWLEDGE Disposal services available and common disposal procedures and problems (B) REQUISITE SKILLS Documentation skills Disposal of evidence, given jurisdictional or agency regulations and file information, so that the disposal is timely, safely conducted, and in compliance with jurisdictional or agency requirements

35 (A) REQUISITE KNOWLEDGE Disposal services available and common disposal procedures and problems (B) REQUISITE SKILLS Documentation skills 104 Duties shall include obtaining information regarding the overall fire investigation from others through verbal communication

36 4.5.1 Develop an interview plan Conduct interviews Evaluate interview 106 Duties shall include the investigation of all factors beyond the fire scene at the time of the origin and cause determination Gather reports and records Evaluate the investigative file Coordinate expert resources Establish evidence as to motive and/or opportunity, given an incendiary fire Formulate an opinion concerning origin, cause, or responsibility for the fire

37 Duties shall include the presentation of findings to those individuals not involved in the actual investigations Prepare a written report Express investigative findings Testify during legal proceeding Conduct public informational presentations Prepare a written report Prepare a written report, given investigative findings, documentation, and a specific audience, so that the report accurately reflects the investigative findings, in concise, expresses the investigator s opinion, contains facts and data that the investigator relies on in rendering an opinion, contains the reasoning of the investigator by which each opinion was reached and meets the needs or requirements of the intended audience(s)

38 Neither NFPA 1033 nor 921 prescribes a specific report format. However, it does provide you some information about what a report should contain. 112 The purpose of a report is to effectively communicate the observations, analysis, and conclusions made during an investigation. A specific format for a report is not prescribed. See for court-mandated reports. 113 Generally, reports should contain the following: Date, Time and location of incident Date and location of examination Date the report was prepared Name of the person or entity requesting the report The scope of the investigation (tasks completed) Nature of the report (preliminary, interim, final,..)

39 A description of the incident scene, items examined, and evidence collected should be provided. The report should contain observations and information relevant to the opinions. Photographs, diagrams, and laboratory reports may be referenced. 115 The report should contain the opinions and conclusions rendered by the investigator. The report should also contain the foundation (s) on which the opinion and conclusions are based. The name, address and affiliation of each person who has rendered an opinion contained in the report should be provided. 116 The Federal Rules of Civil Procedures and some state courts may require an expert to prepare a report prior to deposition or trial. This is commonly referred to as a Rule 26 Report

40 1. List of material reviewed and investigative activities conducted. 2. List of opinions. 3. Bases for those opinions. 4. List of your publications, last 10 years. 5. List of testimony, last 4 years. 6. Compensation. 118 Ultimately, the investigator should be able to explain how the growth and development of a fire, starting at the hypothesized origin, is consistent with the data. 119 In establishing a fire cause, the investigator should describe it in terms of competent ignition source providing enough heat to ignite the first fuel, and the circumstances of how they came together

41 4.7.2 Express investigative findings. Express investigative findings verbally, given investigative findings, notes a time allotment, and a specific audience, so that the information is accurate, the presentation is completed within the allotted time, and the presentation includes only need-to-know information for the intended audience Testify during legal proceeding. Testify during legal proceedings, given investigative findings, contents of reports, and consultation with legal counsel so that all pertinent investigative information and evidence are presented clearly and accurately and the investigators demeanor and attire are appropriate to the proceedings. 122 A. Explanatory Material. Not part of the requirements. For information purposes only. B. Explanation of the Standard and Concepts of JPRS Not part of the requirements. C. Informational References

42 The Sausage Making Process 124 Keys to Process Due process Openness (Transparency) Lack of dominance (Balance) Revision cycles Seek society s balance between: Acceptable risk Commitment of resources 125 The Participants The Public NFPA Membership (>80,000) Board of Directors Standards Council Technical Committees NFPA Staff

43 Technical Committees Consensus body Typical maximum size of 30 >7,000 TC members (All Volunteers) ~235 Technical Committees ~300 Codes and Standards 127 Technical Committee Inherent safeguard against dominance 1/3 Balance Rule: A committee can never have more than 1/3 of its membership from any one interest category Consensus Requirement: Minimum 2/3 on all changes Some situations require ¾ majority THE 921 TECHNICAL COMMITTEE MEMBERS: Different categories compose the technical committee: (Balance) Special Expert (9), User (7), Insurance (2), Research/Testing (1), Enforcement (6), Consumer (4), Manufacturer (2)

44 Technical Committees Membership is continually Monitored All members reappointed annually Inactive members are removed There is no term limit for members The Chair is limited to 10 years or three cycles You do not have to be a member of NFPA to be a TC member REVISION CYCLE Public Input Closing January 4,2012 Posted September 7,2012 Comments Closing November 16, 2012 Posted June 14, 2013 Document Issued November 12, Proposals Public notice issued with closing date. Anyone can submit a proposal (except staff). Proposals can request any change. Reasons for change much be provided. Blank forms are in the back of all documents. All proposals must be acted on

45 Comments Anyone can make a comment on a proposal. The comment must be on a proposal. Reason for comment must be provided. Blank comment forms on website. There is a deadline for submission. Every comment must be acted on by the committee

46 SPALLING BIG SHINY CHAR RAPID FIRE BLACK SMOKE CLEAN & CRAZED GLASS 1980 BURN THROUGHS NARROW V S BRIGHT ORANGE FLAMES

47 THE GOOD OLE DAYS It started there, because I said it started there!!!!!! IPSE DIXIT EXPERT 139 IPSE DIXIT The term labels a statement asserted but not proved, to be accepted on faith. Usually from a person of standing. 140 Experience does not automatically Equal Expertise!

48 THE HISTORY OF Edition 1995 Edition 1998 Edition 2001 Edition 2004 Edition 2008 Edition 2011 Edition 2014 Edition

49 Gentlemen, we are going to relentlessly chase after perfection, knowing full well we will never catch it, because nothing is perfect. However, we are going to relentlessly chase after it because in the process we can obtain excellence. Then he closed with these words, Gentlemen, I am not remotely interested in just being good! 145 two investigators relied on "flawed science" including arson indicators now known to be unreliable or misleading to conclude that Willingham set the fire that killed his three young daughters

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53 SO, WHAT IS 921? Code Guide Standard Really Good Idea Recommendations 157 WHAT IS NFPA 921? NFPA 921 IS A GUIDE (as defined by NFPA) A GUIDE CONTAINS NON-MANDATORY LANGUAGE AND IS ADVISORY IN NATURE (SHOULD IS COMMONLY USED) 158 WHAT IS NFPA921? ANSI (American National Standards Institute) Considers it a Standard! (Because of the NFPA process)

54 THE OLD CONCEPT: DOESN T APPLY TO NFPA 921!!!!!! January 12,2013 IAAI Board of Directors unanimously adopted the following statement as the official position of IAAI: It is the position of the International Association of Arson Investigators that National Fire Protection Association (NFPA) Document 921 is a widely recognized as an authoritative guide for the fire investigation profession. In addition, NFPA 921 is an important reference manual, and sets forth guidance and methodology regarding the determination of the origin and cause of fires. This Association uses NFPA 921, along with other documents including NFPA 1033, as a foundation for its training and certification programs. January 12,2013 IAAI Board of Directors unanimously adopted the following statement as the official position of IAAI: The statement reaffirms the IAAI s long standing recognition of the importance of NFPA 921 to the knowledge and methodology of fire investigation. Authoritative means the guide is an accepted source of information, and known to be accurate and reliable. By its own terms the document is not a standard, and is subject to revision and updating on a periodic basis to allow it to remain current with the expanding scientific and technical knowledge in the fire investigation field. 54

55 SO, WHAT IS 921? 163 THE PIVOTAL DOCUMENT IN THE HISTORY OF THE FIRE INVESTIGATION PROFESSION!

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57 169 IMPACT ON THE COURTS A peer reviewed and generally accepted standard in the fire investigation community. (Tunnell vs. Ford Motor Co.) Sets forth professional standards for fire and explosion investigations. Is a recognized guide for assessing the reliability of expert testimony in fire investigations. 170 IMPACT ON THE COURTS The evidence of arson is based on expert testimony inconsistent with the clear standards set out in the bible of arson forensic science, the NFPA 921. (Babick v. Berghuis) The gold standard for fire investigations is codified in 921 and its testing methodologies are well known in the fire investigation community and familiar to the courts. (McCoy vs. Whirlpool)

58 IMPACT ON THE COURTS Because the experts did not apply the principles and methods of NFPA 921reliably to the facts of the case, the district court did not abuse its discretion in concluding that expert A s and expert B s expert opinions were unreliable. (Travelers vs. Canon) Developed his opinions based on the methodology set forth in NFPA 921 which represents the national standard with regard to appropriate methodology for investigation by fire science experts. (Workman vs. Electrolux) 172 FICI V. STATE FARM NY Supreme Court 2005 Neither expert mentioned NFPA 921. The court, on its own, did independent research

59 FICI V. STATE FARM The court determined that NFPA 921: Was established through a consensus standards development process approved by ANSI and that IAAI s website indicates IAAI members use NFPA 921, so the Court called it an IAAI standard. 175 FICI V. STATE FARM After inviting expert evidence on this issue, the Court noted that one expert said the NFPA 921 Guide is recognized as an authoritativeguide and standard taught by the IAAI, and is recognized as authoritative by ATF. 176 EXPERTS BEING EXCLUDED!

60 178 HOW IS NFPA 921 BEING CONSIDERED: In these and other cases, the courts are definitely viewing it as more than just a Guide. 179 FOUR THINGS THE COURTS CONSIDERED Consensus Document Accepted in the Industry Peer Review Scientific Method

61 PEER REVIEW Idea Full Committee Task Group Full Committee Public Proposals Full Committee Public Comments Full Committee NITMAMs Full Membership Appeals Standards Council Board of Directors Document Issued 181 THE FUNDAMENTAL PREMISE OF NFPA 921: THE SCIENTIFIC METHOD 182 Overall Methodology Figure 4.3 Figure 18.2 Figure

62 THE CSI EFFECT 184 NFPA GENERAL SHALL EMPLOY ALL ELEMENTS OF THE SCIENTIFIC METHOD AS THE OPERATING ANALYTICAL PROCESS THROUGH- OUT THE INVESTIGATION AND FOR THE DRAWING OF CONCLUSIONS. 185 THE APPLICATION OF NFPA 921: this document is not designed to encompass all the necessary components of a complete investigation or analysis of any one case. The scientific method, however, should be applied in every instance

63 187 HOW DO I APPLY THE SCIENTIFIC METHOD WHEN I AM STANDING KNEE DEEP IN DEBRIS AND IT IS 110 DEGREES OUTSIDE? 188 WHAT TYPES OF OPINIONS OR HYPOTHESIS'S MIGHT YOU HAVE ON AN INVESTIGATION?

64 COLLECT DATA

65 COLLECT DATA Interviews Fire Patterns Arc Mapping Fire Dynamics Background Photographs Lab Results Drawings EVERYTHING 193 ANALYZE EVERYTHING 194 DEVELOP HYPOTHESIS WORKING HYPOTHESIS INITIAL HYPOTHESIS

66 TEST THE HYPOTHESIS Thought Experiment 196 TEST THE HYPOTHESIS TEST BURNS EXPERIMENTS 197 TEST THE HYPOTHESIS BENCH TESTS PHYSICAL EXAMINATION AND ANALYSIS

67 MEANS OF HYPOTHESES TESTING Scientific literature Fundamental principles of science Physical experiments or testing Cognitive experiments Time lines Fault trees Failure Analysis & Analytical Tools 199 Testing the Origin Hypothesis SECTION A-A WALL STUDS 200 Testing the Origin Hypothesis SECTION A-A WALL STUDS

68 Testing the Origin Hypothesis NOT!!! SECTION A-A WALL STUDS 202 Testing the Origin Hypothesis NOT!!! SECTION A-A WALL STUDS 203 HEAT AND FLAME VECTOR

69 Testing the Origin Hypothesis NOT!!! SECTION A-A WALL STUDS 205 PROVING THE THEORY!

70 208 FIRE TETRAHEDRON TEST OXIDIZING AGENT HEAT FUEL (REDUCING AGENT) UNINHIBITED CHEMICAL CHAIN REACTION 209 FINAL HYPOTHESIS

71 CHAPTER 6 FIRE PATTERNS A fire pattern is an identifiable shape formed by a fire effect or group of fire effects FIRE EFFECTS To identify fire patterns, the investigator must recognize the changes that have occurred in materials due to fire. These changes are referred to as 212 FIRE EFFECTS A fire effect is the observable or measurable changes in or on a material as a result of exposure to the fire

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75 NFPA Edition 28 Chapters Chapters 1 through 9 - Background Knowledge Chapters 10 through 20 - Conducting the Investigations Chapter 21 through 28 - Incident Specific 3 Annexes 341 Pages 185 Definitions 4 New & 18 Changed EDITION Color Images throughout Definitions: 7 New and 6 Modified Chapter Fire Protection Systems (8) Chapter Classification of Fire Cause (20) Chapter Analyzing the Incident for Cause and Responsibility (21) Section on Thermometry (5.5.5) Section on Fire Dynamics & Modeling (23.4.9) Additional information on Arcing 402 Pages 30 Chapters 192 Definitions

76 The Purpose of NFPA The purpose of this document is to establish guidelines and recommendations for the safe and systematic investigation or analysis of fire and explosion incidents. 226 THE PURPOSE OF NFPA 921: This document has been developed as a model for the advancement and practice of fire and explosion investigation, fire science, technology, and methodology. 227 THE APPLICATION OF NFPA 921: this document is not designed to encompass all the necessary components of a complete investigation or analysis of any one case. The scientific method, however, should be applied in every instance

77 THE APPLICATION OF NFPA 921: it is recognized that the extent of the fire investigator's assignment, time and resource limitations, or existing policies may limit the degree to which the recommendations or techniques in this document will be applied in a give investigation. 229 THE APPLICATION OF NFPA 921: This document is not intended as a comprehensive scientific or engineering text. Although many scientific and engineering concepts are presented within the text, the user is cautioned that these concepts are presented at an elementary level and additional technical resources, training, and education may often need to be utilized in an investigation. 230 Definitions: New 2014 EDITION Arc Site: The location on a conductor with localized damage that resulted from an electrical arc. Arc Mapping: The systematic evaluation of the electrical circuit configuration, spatial relationship of the circuit components, and identification of electrical arc sites to assist in the identification of the area of origin and analysis of the fire s spread

78 Definitions: New 2014 EDITION Empirical Data: Factual data that is based on actual measurement, observation, or direct sensory experience rather than on theory. Fire Fuel Ignited: The first fuel ignited is that which first sustains combustion beyond the ignition source. Trailer: Solid or liquid material used to intentionally spread or accelerate the fire spread fof a fire from one area to another. 232 Definitions: New 2014 EDITION Thermometry: The study of the science, methodology, and practice of temperature measurement. Calcination of Gypsum: Changes that occur in gypsum products, including wallboard, as a result of exposure to heat. 233 Definitions: Revised 2014 EDITION Scientific Method: The systematic pursuit of knowledge involving the recognition and definition of a problem, the collection of data through observation and experimentation, analysis of the data, and the formulation, evaluation, and testing of hypotheses. Incendiary Fire: A fire that is deliberately set with the intent to cause the fire to occur in an area where the fire should not be. Full Room Involvement: Condition in a compartment fire in which the entire volume is involved in combustion of varying intensities

79 Definitions: Revised 2014 EDITION Density: The mass of a substance per unit volume, usually specified at standard temperature and pressure. Clean Burn: A fire effect on surfaces where soot has been burned away or failed to be deposited because of high surface temperatures. Accelerant: A fuel or oxidizer, often an ignitable liquid, intentionally used to initiate a fire or increase the rate of growth or spread of fire TESTING THE HYPOTHESIS (DEDUCTIVE REASONING) The investigator does not have a valid or reliable conclusionunless the hypothesis can stand the test of careful and serious challenge. Testing of the hypothesis is done by the principle of deductive reasoning, in which the investigator compares the hypothesis to all known facts as well as the body of scientific knowledge associated with the phenomena relevant to the specific incident. A hypothesis can be tested physically by conducting experiments, analytically by applying accepted scientific principles, or by referring to scientific research. When relying on the research of others, the investigator or analyst must ensure that the conditions, circumstances, and variables of the research and those of the hypothesis are sufficiently similar TESTING THE HYPOTHESIS (DEDUCTIVE REASONING) Whenever the investigator relies on research as a means of hypothesis testing, references to the research relied upon should be acknowledged and cited. If the hypothesis is refuted or not supported, it should be discarded and alternate hypotheses should be developed and tested. This may require the collection of new data or the reanalysis of existing data. The testing process needs to be continued until all feasible hypotheses have been tested and one is determined to be uniquely consistent with the facts and with the principles of science. If no hypothesis can withstand an examination by deductive reasoning, the issue should be considered undetermined

80 Any hypothesis that is incapable of being tested either physically or analytically, is an invalid hypothesis. A hypothesis developed based on the absence of data is an example of a hypothesis that is incapable of being tested. The inability to refute a hypothesis does not mean that the hypothesis is true * CONFIRMATION BIAS Different hypotheses may be compatible with the same data. When using the scientific method, testing of hypotheses should be designed to disprove the hypothesis (falsification of the hypothesis). Confirmation bias occurs when the investigator instead tries to prove the hypothesis. This can result in failure to consider alternate hypotheses, or prematurely discounting seemingly contradictory data without an appropriate assessment. A hypothesis can be said to be valid only when rigorous testing has failed to disprove the hypothesis LEVEL OF CERTAINTY The level of certainty is determined by the investigator who assigns weight to each piece of data, in the analysis of the data, and resulting opinions. Impacts the reliability/relevance of expert opinions

81 4.5 LEVELS OF CERTAINTY suspected does not qualify as an expert opinion. possible the opinion should be specifically expressed as possible. probable is an opinion that can be expressed with reasonable certainty. 241 CHAPTER 4: REVIEW PROCEDURE 4.6 REVIEW PROCEDURE Administrative Review Technical Review Peer Review 242 CHAPTER 4: REVIEW PROCEDURE ADMINISTRATIVE REVIEW Is one typically carried out within an organization to ensure that the investigator s work product meets the organization s quality assurance requirements

82 CHAPTER 4: REVIEW PROCEDURE TECHNICAL REVIEW A technical review can have multiple facets. A reviewer may be asked to critique all or specific aspects of an investigation. Regardless, the reviewer should be qualified and have access to the documentation relevant to what is being reviewed. This can serve as an additional test of the various aspects of the investigator s work. 244 CHAPTER 4: REVIEW PROCEDURE LIMITATIONS OF A TECHNICAL REVIEW Technical reviewers may be perceived as having an interest in the outcome of the review. Confirmation bias (attempting to confirm a hypothesis rather than attempting to disprove it) is a subset of expectation bias (4.3.8). This kind of bias can be introduced in the context of working relationships or friendships. 245 Expectation Bias This is a well-established phenomenon that occurs in scientific analysis when investigators reach a premature conclusion without having examined or considered all of the relevant data

83 CHAPTER 4: REVIEW PROCEDURE PEER REVIEW Is a formal procedure generally employed in prepublication review of scientific or technical documents. Peer review is both independent and objective (often anonymously). Reviews should have no interest in the outcome of the review. The author does not select the reviewers. Reviews by co-workers or supervisors are more appropriately characterized as technical reviews. 247 CHAPTER 4: REVIEW PROCEDURE The methodologies used and the fire science relied on by the investigator are subject to peer review. For example, NFPA 921 is a peer reviewed document describing the methodologies and science associated with proper fire and explosion investigations Test the Hypothesis A hypothesis that is incapable of being tested is invalid. Example a hypothesis that is based on the absence of data The inability to refute a hypothesis does not mean it is true

84 2014 EDITION 5.5.5* Thermometry. Thermometry is the study of the science, methodology, and practice of temperature measurement. Though thermometry is seldom, if ever, needed at the fire scene, it is frequently used during postscene analysis, or in cases of fire safety or code compliance, in which the various physics or thermodynamic formulae present themselves. Four main temperature scales: Fahrenheit, Celsius, Rankin and Kelvin * Thermometry Celsius H2O 0C Rankin H2O R Kelvin H2O K * Thermometry F to C - C=5/9(F-32) C to F - F=(9/5C)+32 F to R - R=F+460 R to F - F=R-460 F to K - K=5/9(F-32)-273 K to F - F=9/5(K-32)

85 ENHANCED SOOT DEPOSITION ON SMOKE ALARMS Enhanced soot deposition is a phenomenon whereby the soot particulate in smoke forms identifiable patterns on such surfaces of the smoke alarm as: the internal and external surfaces of the alarm cover near the edges of the horn outlet. As well as the surfaces of horn disks themselves

86 Smoke alarms should be taken into evidence after being photographed in place and should not be altered by applying power, removing or inserting batteries, or pushing the test buttons Enhanced soot deposition acoustic agglomeration evidence can be delicate and easily disturbed or wiped away by careless handling or evidence packaging of the smoke alarm(s) in questions. Care should be taken not to disturb any suspected soot deposits EDITION Chapter 8 Fire Protection Systems This chapter provides a basic understanding of active fire protection systems, which includes general information, key components, operational and installation parameters, data gathering, and analysis. Passive fire protection systems are addressed in chapter 7. It is important to have a basic knowledge of fire protection systems and their performance during an incident, in order to understand the role of the system and potential impact on the fire

87 2014 EDITION Chapter 8 Fire Protection Systems Introduction Fire Alarm Systems Water-Based Fire Suppressions Systems Non-Water-Based Fire Suppressions Systems Documentation of Fire Protection Systems Spoliation Issues ARCING THROUGH CHAR Studies of the arcing through char process in energized (AC), unloaded PVC, non-metallic sheathed cable (NM cable) exposed to a radiant heat source yielded the following conclusions: (1) The general, physical appearance of arc beads was consistent over a wide range of heat fluxes. [See Figure (a) and Figure (b).] All arc beads resulting from this mass transfer were visually identified as arc melting based on the characteristics listed in (2) The lack of oxygen present in flashover conditions will neither prevent arc beads from forming nor impact the time required to create the arc bead. The physical appearances of the arc beads formed in normal and depleted oxygen environments were all similar and visually identified as arc melting based on the characteristics listed in [See Figure (a), Figure (b), and Figure (c).] ARCING THROUGH CHAR Studies of the arcing through char process in energized (AC), unloaded PVC, non-metallic sheathed cable (NM cable) exposed to a radiant heat source yielded the following conclusions: (3) Tests on cloth sheathed NM cable, which does not utilize PVC insulation, produced arc beads similar in appearance to the PVC NM cable tests; however, in some tests a visible arc bead was not observed despite tripping overcurrent protection. (4) Arcing through char can occur at voltages as low as 30 volts (RMS). The time to form the conductive path, create the arc bead, and trip the overcurrent protection within a timeframe of investigative interest (i.e., minutes vs. hours) generally occurred with voltages in excess of 60 volts (RMS)

88 RESPONSIBILITY (UNDER THE SPOLIATION SECTION) It is the responsibility of the investigator (or anyone who handles or examines evidence) to avoid spoliation of evidence, and the scope of that responsibility varies according to such factors as the investigator s jurisdiction, whether he or she is a public official or private sector investigator, whether criminal conduct is indicated, and applicable laws and regulations. However, regardless of the scope and responsibility of the investigation, care should be taken to avoid destruction or material destruction of evidence that later may be considered spoliation. If artifacts will be altered, the investigator should use the techniques contained in this guide to preserve the evidentiary value of those items for others who may later examine the artifacts ALTERATION AND MOVEMENT OF EVIDENCE (UNDER THE SPOLIATION SECTION) Fire investigation usually requires the movement of evidence or alteration of the scene. In and of itself, such movement of evidence or alteration of the scene should not be considered spoliation of evidence. Physical evidence may need to be moved prior to the discovery of the cause of the fire. Additionally, it is recognized that it is sometimes necessary to remove the potential causative agent from the scene and even to carry out some disassembly in order to determine whether the object did, in fact, cause the fire, and which parties may have contributed to that cause. For example, the manufacturer of an appliance may not be known until after the unit has been examined for identification. Such activities should not be considered spoliation. Because all interested parties may not be identifiable prior to the alteration or movement of evidence, the investigator should use the techniques contained in this guide to preserve the evidentiary value of those items by documenting the fire scene and the artifacts prior to alteration or movement to preserve the evidentiary value of those items for others who may later become involved in the investigation PROTECTING PHYSICAL EVIDENCE Flag, Bag, Tag. During the examination of the scene it can be useful to identify, protect, and mark items of interest or items that could be potential evidence. Such marking can alert investigators to those items of interest and begin the documentation process

89 Chapter 18 Origin Determination This chapter recommends a methodology to follow in determining the origin of a fire. The area of origin is defined as a structure, part of a structure, or general geographic location within a fire scene, in which the point of origin of a fire or explosion is reasonably believed to be located. The point of origin is defined as the exact physical location within the area of origin where a heat source and the fuel interact, resulting in a fire or explosion. The origin of a fire is one of the most important hypotheses that an investigator develops and tests during the investigation. Generally, if the origin cannot be determined, the cause cannot be determined, and generally, if the correct origin is not identified, the subsequent cause determination will also be incorrect. The purpose of determining the origin of the fire is to identify in three dimensions the locations at which the fire began Information Sources for Origin Determination Witness Information Fire Patterns Arc Mapping Fire Dynamics

90 Information Sources for Origin Determination Witness Information Observations by witnesses are data that can be used in the context of determining the origin. When witness statements are not supported by the investigator s interpretation of the physical evidence, the investigator should evaluate each separately. 268 Information Sources for Origin Determination Fire Patterns All observed patterns should be considered in the analysis. Accurate determination of the origin of a fire by a single, dominant fire pattern is rare, as in the case of very limited fire damage where there may be only one fire pattern. 269 Information Sources for Origin Determination Arc Mapping Arc mapping is a technique in which the investigator uses the identification of arc locations or sites to aid in determining the area of fire origin. This technique is based on the predictable behavior of energized electrical circuits exposed to a spreading fire

91 ELECTRICAL ARC SURVEY An electrical arc survey is the identification and documentation of evidence of electrical arcs found in circuits, wiring, power cords... The location of these arcs may provide the investigator physical evidence by identifying Identify circuits that were energized at the time they failed Identify structural components of membranes that shielded the wiring Explain why or why not the wire experienced an arc Trace circuits ARC MAPPING After the circuit(s) to that room has been identified and mapped, you can conduct arc mapping in the compartment Arcs are indicated by localized damage to the conductor. Call for help if needed. Map the arcs and the conductors in the compartment on a detailed diagram

92 North circuit light lamp Ceiling fan lamp lamp South circuit ARC SURVEY LIMITATIONS Arc surveys can identify areas where the fire had damaged energized electrical conductors early in the fire s development. The accuracy of the effort, however, is directly dependent upon the investigator correctly identifying arc damaged wires. The investigator may want to collect each perceived arc site for more detailed evaluation and verification. 275 Information Sources for Origin Determination Fire Dynamics This analysis can help in the identification of potential fuels that may have been the first item to ignite, the sequence of subsequent fuel involvement, the recognition of other data that may need to be collected, the analysis of fire patterns and the identification of potential competent ignition sources

93 Ultimately, the investigator should be able to explain how the growth and development of a fire, starting at the hypothesized origin, is consistent with the data. 277 CHAPTER 19: CAUSE 19.1 Introduction. This chapter recommends a Fire cause determination is the process of identifying the first fuel ignited, the ignition source, the oxidizing agent, and the circumstances that resulted in the fire. Fire cause determination generally follows origin determination (see Origin Determination Chapter). 278 METHODOLOGY

94 FIRE CAUSE The circumstances, conditions or agencies that bring together a fuel, ignition source, and oxidizer resulting in a fire or combustion explosion FIRE CAUSE FACTORS First fuel ignited Ignition source Oxidant Ignition sequence FIRST FUEL IGNITED What is the fuel that first sustained combustion beyond the ignition source?

95 IGNITION SOURCE IGNITION SOURCE VS CAUSE 283 THE CAUSE OF THE FIRE OR EXPLOSION HAS TO DO WITH FUEL HEAT UNINHIBITED CHEMICAL OXYGEN CHAIN REACTION And the Circumstances IGNITION SOURCE The ignition source is the heat side of the fire triangle. The ignition source will be at or near the point of origin. However, the ignition source may not always remain at the origin

96 IGNITION SOURCE There are, however, occasions when there is no physical evidence of the ignition source, but an ignition sequence can be hypothesized based on other data OXIDANT Normally from the atmosphere. Additional sources: Medical oxygen or chemical compounds IGNITION SEQUENCE The factors that allow the ignition source, fuel and oxidant to react

97 19.3 Data Collection Identify Fuels in the Area of Origin Identify Source and Form of Heat of Ignition Identify Items and Activities in Area of Origin Identify the Oxidant Identify the Ignition Sequence Analyze Data Fuel Analysis Geometry and Orientation Ignition Temperature Quantity of Fuel Ignition Source Analysis Oxidant Analysis Ignition Sequence Analyze Data Ignition Source Analysis The investigator should evaluate all potential ignition sources in the area of origin to determine if they are competent. A competent ignition source will have sufficient energy and be capable of transferring that energy to the fuel long enough to raise the fuel to its ignition temperature

98 There are times when no physical evidence of the ignition source is found at the origin, but the ignition sequence can be logically inferred using other data Any determination of fire cause should be based on evidence rather than on the absence of evidence; however, there are limited circumstances when the ignition source cannot be identified, but the ignition sequence can be logically inferred This inference may be arrived at through the testing of alternate hypotheses involving potential ignition sequences, provided that the conclusion regarding the remaining ignition sequence is consistent with all known facts

99 EXAMPLES Diffuse fuel explosions and flash fires. When ignitable liquid residue is found with no innocent explanation. Multiple fires (origins) Trailers Developing a Cause Hypothesis The investigator should use the scientific method as the method for data gathering, hypothesis development, and hypothesis testing regarding the consideration of potential ignition sequences Developing a Cause Hypothesis The investigator is cautioned not to eliminate a potential ignition source merely because there is no obvious evidence for it

100 Devices present at the origin which are either heat-producing or are capable of heat production when they sustain a fault or failure should always be placed on the list of hypotheses, even if, for some reason, they are easy to eliminate The investigator should carefully consider potential ignition sources which do not correspond to a physical device that can be recovered. Given the lack of a physical device, other evidence is needed to establish the presence or absence of an ignition source For each potential ignition source in the area of origin, it must be established that there existed a fuel or fuels, in the appropriate form and configuration, for which the potential ignition source could be considered a competent ignition source. A cause hypothesis can be developed even in the absence of being able to state specifically which of these fuels was first ignited

101 There may be multiple competent ignition sources in the area of origin with a known first fuel. A cause hypothesis can be developed in the absence of being able to state specifically which of these competent ignition sources ignited the known first fuel TESTING THE CAUSE HYPOTHESIS Each of the alternate hypotheses that were developed must be tested using the scientific method TESTING THE CAUSE HYPOTHESIS If one remaining hypothesis is tested using the scientific method and is determined to be probable, then the cause of the fire is identified

102 Use of the Scientific Method dictates that any hypothesis formed from analysis of the data collected in an investigation must stand the test of careful and serious challenge, by the investigator testing the hypothesis or by examination by others (NFPA 1033) SHALL EMPLOY ALL ELEMENTS OF THE SCIENTIFIC METHOD AS THE OPERATING ANALYTICAL PROCESS THROUGH-OUT THE INVESTIGATION AND FOR THE DRAWING OF CONCLUSIONS QUESTIONS FOR TESTING THE CAUSE HYPOTHESIS Is the ignition source a competent ignition source for the first fuel ignited? Is the required time for ignition consistent with the time line associated with the cause hypothesis and facts of the incident?

103 QUESTIONS FOR TESTING THE CAUSE HYPOTHESIS What were the circumstances that brought the ignition source in contact with the first fuel ignited? What, if any, were the failure modes required for ignition to occur? MEANS OF HYPOTHESES TESTING When testing a hypothesis, the investigator should attempt to disprove, rather than to confirm the hypothesis. If the hypothesis cannot be disproved, then it may be accepted as either possible or probable. 308 DO YOU BELIEVE EVIDENCE IS IMPORTANT?

104 INAPPROPRIATE USE OF THE PROCESS OF ELIMINATION The process of determining the ignition source of a fire, by eliminating all ignition sources found, known, or believed to have been present in the area of origin, and then claiming such methodology is proof of an ignition source for which there is no evidence of its existence, is referred to by some investigators as negative corpus INAPPROPRIATE USE OF THE PROCESS OF ELIMINATION This process (Negative Corpus) is not consistent with the Scientific Method, is inappropriate, and should not be used because it generates untestable hypotheses, and may result in incorrect determinations of the ignition source and first fuel ignited INAPPROPRIATE USE OF THE PROCESS OF ELIMINATION Any hypothesis as to cause (first fuel, ignition source, and ignition sequence) must be based on facts. Those facts are derived from evidence, observations, calculations, experiments and laws of science. Speculative information cannot be included in the analysis

105 2014 EDITION in appropriate Use of the Process of Elimination: The process of elimination is an integral part of the scientific method. Alternate hypotheses must me formulated and challenged against the facts. Elimination of a testable hypothesis by disproving the hypothesis with reliable evidence is a fundamental part of the scientific method. However, the elimination of a hypothesis can be used inappropriately. The process of determining the ignition source for a fire, by eliminating all ignition sources found, known, or believed to have been present in the area of origin, and then claiming such methodology is proof of an ignition source for which there is no supporting evidence of its existence, is referred to by some investigators as negative corpus EDITION in appropriate Use of the Process of Elimination: Negative corpus has typically been used in classifying fire as incendiary, although the process has also been used to characterize fire classified as accidental. The process is not consistent with the scientific method, is inappropriate, and should not be used because it generates untestable hypotheses, and may result in incorrect determination of ignition source and fire fuel ignited. Any hypotheses formulated for the causal factors (e.g., first fuel, ignition source, and ignition sequence), must be based on the analysis of facts. Those facts are derived from evidence, observations, calculations, experiments, and the laws of science. Speculative information cannot be included in the analysis. 314 WHAT DOES THIS PARAGRAPH REALLY SAY?

106 WHAT DOES THIS PARAGRAPH REALLY SAY? 316 IMPROPER USE Area of Origin is on kitchen counter. Light, toaster and blender are in Area of Origin (only competent ignition sources in area of origin). Light and blender are eliminated. Therefore toaster failure is cause!!! 317 POSSIBLE APPROACH Area of Origin is on kitchen counter. Toaster, light and blender are on kitchen counter. Area of Origin is further determined to be internal to the toaster on kitchen counter. The toaster is the only competent ignition source in the Area of Origin, therefore the toaster is the ignition source!!!

107 Challenging Negative Corpus Somnis v. Country Mutual Ins. Co., 840 F.Supp. 2d 1166 (D.Minn. 2012) Fire claim denied as intentional Investigator excludes all possible causes, including several space heaters and electrical appliances 319 Somnis(continued) Court treats 2 opinions differently: Absence of evidence of accidental causes [ADMISSIBLE] Cause must have been incendiary because all accidental causes excluded [INADMISSIBLE] 320 Opinion 1: Permissible Inference? Petitioner argues that allowing expert to rule out accidental causes would lead jury to speculate that cause was incendiary. Holding: the Court does not believe such a conclusion would be speculative; rather, it would be a reasonable inference. Indeed, the absence of an accidental explanation for a fire frequently has been cited as a sufficient basis for a finding of arson. [Id. At 1171, citations omitted]

108 Opinion 2: Unhelpful & Prejudicial Yet, the Court perceives no reason why an expert is necessary to draw that inference for the jury. Indeed, once [expert] testifies that he could not identify an accidental cause for the fire, the jury will be capable of concluding on its own whether the fire was intentional. His opinion is excludable, therefore, because an expert who simply "draws inferences or reaches conclusions within the jury's competence" does not provide "helpful" testimony under Rule 702. Given that "[e]xpert evidence can be both powerful and quite misleading," Daubert, 509 U.S. at 595, the Court must be particularly careful to exclude such testimony if it might lead the jury to simply rely on the expert's opinion and "surrender[] [its] own common sense." 322 The Latest Case on Negative Corpus (Criminal Appeal) St. of Wisconsin v. Joseph Awe Circuit Court, Marquette County Filed March 21, 2013 None of the state investigators could determine a fire cause, only theories. By the elimination of accidental causes, the fire cause was not accidental. 323 Awe (continued) Court recognized NFPA 921 (2011) as setting a new standard methodology concerning negative corpus. The point is, an expert should not properly come to an opinion to a reasonable degree of certainty, according to this new guide, if he relies only on the negative corpus methodology. New Trial Ordered

109 CAUSE UNDETERMINED In the circumstance where all hypothesized fire causes have been eliminated and the investigator is left with no hypothesis that is evidenced by the facts of the investigation, the only choice for the investigator is to concludethat the fire cause, or specific causal factors, remains undetermined. That is, it is improper to opine a specific ignition source that has no evidence to support it even though all other hypothesized sources were eliminated SELECTING THE FINAL HYPOTHESIS Once the hypotheses regarding the cause of the fire have been tested, the investigator should review the entire process, to ensure that all credible data is accounted for and all credible alternate cause hypotheses have been considered and eliminated SELECTING THE FINAL HYPOTHESIS Are there any other cause hypotheses that are consistent with the data? The investigator should document the facts that support the cause determination to the exclusion of all other reasonable causes

110 ESTABLISHING THE CAUSE In establishing a fire cause, the investigator should describe it in terms of competent ignition source providing enough heat to ignite the first fuel, and the circumstances of how they came together INCONSISTENT DATA WHAT ABOUT INCONSISTENT DATA? Contradictory data should be recognized and resolved. NOT IGNORED! If a resolution is not possible, the hypothesis should be reevaluated! UNDETERMINED FIRE CAUSE The final opinion is only as good as the quality of the data used in reaching that opinion. If the level of certainty of the opinion is only possible or suspected, the fire cause is unresolved and should be classified as undetermined. The decision as to the level of certainty rests with the investigator

111 CAUSE VS CLASSIFICATION THERE IS A THE CAUSE OF THE FIRE OR EXPLOSION HAS TO DO WITH FUEL HEAT UNINHIBITED CHEMICAL OXYGEN CHAIN REACTION And the Circumstances EDITION Chapter 20 Classification of Fire Cause Classification of fire cause and responsibility were combined into one chapter in previous editions. The combination of the two had lead to confusion about fire cause vs. classification of fire cause. The committee made the decision to split the chapter in an attempt to eliminate the confusion The four classifications remained the same

112 2014 EDITION (November 2013) Chapter 20 Classification of Fire Cause Accidental Fire Cause Classification Natural Fire Cause Classification Incendiary Fire Cause Classification Undetermined Fire Cause Classification 334 ACCIDENTAL 335 NATURAL

113 INCENDIARY 337 INCENDIARY (2011) A fire that is intentionally ignited under circumstances in which the person knows that the fire should not be ignited. (2014) An incendiary fire is a fire that is deliberately set with the intent to cause a fire to occur in an area where the fire should not be. 338 UNDETERMINED

114 2014 EDITION Chapter 21 Analyzing the Incident for Cause and Responsibility This chapter was part of the original chapter that contained the classification discussion. Other than the removal of the classification material, the chapter remains unchanged. The four main subjects are: 1. Cause of the fire or explosion. 2. Cause of the damage. 3. Cause of the bodily injury or loss of life. 4. The degree to which human fault contributed to any one or more of the causal issued described in EDITION Guidelines for Selection and Use of a Fire Model. Fire dynamics analyses, particularly those that use fire models, can evaluate hypotheses regarding fire origin and fire development. The methodology for selecting and using a fire model is presented in an engineering best practices guide promulgated by the Society of Fire Protection Engineers (SFPE) and graphically depicted in Figure EDITION

115 COMPUTER FIRE MODEL SELECTION Define the problem (What is the question for which modeling is sought?) Select a Candidate Model Model Verification and Validation Documentation 343 Computer Modeling Form 344 Computer Modeling Form

116 Chapter 29 Management of Complex Investigations This chapter addresses issues that are unique to managing investigations that are complex due to size, scope or duration. Complex investigations generally include multiple simultaneous investigations and involve a significant number of interested parties. 346 Chapter 29 Management of Complex Investigations Interested Parties Any person, entity or organization, including their representatives, with statutory obligations or whose legal right or interests may be affected by the investigation of a specific incident. 347 VS

117 NEW IAAI CFITRAINER.NET MODULE 921 and Editions: Important Revisions 349 NEW IAAI CFITRAINER.NET MODULE 350 THE GOOD OLE DAYS? CHARLES WATSON (AUG. 29, 1929 APRIL 29, 2010) The hell with them good ole days! I ll take these good ole days right now!

118 352 BECAUSE YOU WILL NEVER BE MORE AS AN INVESTIGATOR THAN YOU PUT INTO YOUR TRAINING! 353 RANDY WATSON