There are two very interesting articles in the latest edition of the CAFI Journal (Fall 2006).

The first is an account of an engineer disciplined by the Professional Engineers of Ontario (PEO). According to the article, written by Doug Johnson, PEO determined that a professional engineer and his engineering company committed an act of Professional Misconduct by “acts or omissions in the carrying out of their work that constituted a failure to maintain standards that a reasonable and prudent practitioner would maintain in the circumstances.” In this decision, it was found that the engineer “did not follow the procedures set out in NFPA 921 in conducting the fire investigation and reaching the conclusion with respect to the probable cause of the fire."

In essence, this decision recognizes that NFPA 921 establishes an acceptable standard that a reasonable and prudent practitioner would maintain while conducting a fire investigation.

In another interesting article, entitled “Effective Selection and Use of Fire Experts,” the three authors, one of whom was once famous for advising fire investigators to avoid use of the word "science," now advise insurance companies how to avoid being found guilty of bad faith.

The authors list certain criteria that triers of fact might consider, including whether the witness’s notes are incomplete and whether there is evidence of a sloppy investigation. This would seem to indicate that the authors disagree with those who think it is appropriate for fire investigators to actually destroy their notes.

Another interesting statement in the article is the following: "Although NFPA 921 is represented to be merely a "guide" to assist fire and explosion investigators, the reality is that it has become the prime document upon which any fire investigation will be scrutinized. It is widely considered to be the standard of care for fire investigators." (In Ontario, it seems to be the standard for engineers as well.)

In advising insurance carriers how to select an expert, the authors provide 28 questions that the carrier should ask the investigator before they are hired. Among them are the following:

"9. Do they generally recognize and follow the recommended procedures as outlined by NFPA 921?"



"11. Do they follow the "scientific method" in reaching a conclusion on a fire cause?"

Interesting reading.

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