NFPA 1033
4.1.6* The fire investigator shall adhere to all applicable legal and regulatory requirements.
A.4.1.6 It is understood that fire investigators with arrest powers, fire investigators without arrest powers, and private sector fire investigators can utilize this standard. The following is a list of those legal and regulatory requirements that are critical within the fire investigation field. It is the responsibility of the AHJ to select those issues that are pertinent to its respective agency or organization. Those selected issues should then serve as the measurement criteria or training guideline for the AHJ.
Due process issues (stated in task terms) are as follows: Conduct search and seizure, conduct arrests, conduct interviews, maintain chain of custody, utilize criminal and civil statutes applicable to the situation, and interpret and utilize contract law and insurance law. Show due process of civil rights laws, privacy laws, the fair credit reporting act, laws of trespass and invasion of privacy, laws of libel and slander, laws of punitive damages and attorney-client privilege, rules of evidence including spoliation, and other laws applicable to the AHJ.
Pat Kennedy, CFEI, CFPS, MIFireE
Fire and Explosion Analyst
Sarasota, Florida
[
www.kennedy-fire.com]