Yes. Absolutely it should be used as intended by NFPA, and I think it IS being used as intended.

A guide is not intended to be adopted into law by reference, as codes are. I do not believe it would be possible for NFPA 921 as written to be adopted into law, and no jurisdiction that I know of has done so.

On the other hand, it can be recognized by courts, companies and organizatioins as a "standard of care," and that has happened on many occasions. That is not inconsistent with the intended use.

I have received numerous letters from insurance carriers (and you have probably seen the same letters) requesting that I pledge to follow NFPA 921 or they will not hire me. That is not inconsistent with the intended use.

There have been many courts that have used NFPA 921 as a "standard of care." One court even called NFPA 921 the "gold standard." That "gold standard" opinion has been cited numerous times in other decisions. That is not inconsistent with the intended use.

NAFI has adopted each edition of NFPA 921 as a standard of care. That is not inconsistent with the intended use.

The US Justice Department in 2000 published "Fire and Arson Scene Evidence: A Guide for Public Safety Personnel." It stated that NFPA 921 is a "benchmark" by which a fire investigator's performance and expertise should be measured. It goes on to say that in complex fires or incendiary fires, NFPA 921 should be followed. That is not inconsistent with the intended use.

Fire investigators are free to use NFPA 921 or not. They can use a Ouija bord to determine the origin and cause if they like. Whether anyone will hire them to do that is a different question. Whether a court will allow them to testify to the results of their divination is a different question. It's a guide. Follow it if you like. If you decide to ignore it, just be prepared to defend your decision to do so.

John Lentini, CFI, D-ABC
Fire Investigation Consultant
Florida Keys
[www.firescientist.com]