Pat:

As you and a few others are already aware but most others here are not, I am the only fire investigator in our entire field of fire investigation who also has been appointed to a Executive Branch Governmental Committee to handle many different PI issues. I also am the only fire investigator in the industry who has been appointed to the International Security & Investigator Regulators Association and I regularly am in contact with other regulatory state agencies in regards to many matters pertaining to PI's and to some minor extent, engineers. Over the last almost 2 years, I have been actively, yet quietly, working with many states on PI reciprocity issues to explain to them why reciprocity is an ideal situation for all fields. I have not addressed every state but I personally have well over 200 hours of firsthand research into these matters, especially involving PI and engineering issues. The good news is the states are finally starting to see the value or reciprocity and I would look to more interaction in the future between the states.

Now that the above has been stated for the record, that is why I can clearly say are incorrect. The eyes of the NAFI, IAAI and NFPA have no bearing upon statutory LAW which is enforceable and you will be prosecuted if in violation. All the NAFI and the IAAI can do is offer opinions and public comment. The NFPA can only draft accepted codes, but it is up to the local jurisdictions to adopt and enforce them. The NFPA documents have little bearing if any upon state law. Heck, only within the last 6 months were we able to get the IAAI and NAFI training courses as authorized for CEUs in this state.

It is the state's right to regulate their own business professions and they don't care about opinions or recommendations. What matters is the statutory language and definitions as described in each state. That is the point I have tried to make here.

Licensed PIs are legally allowed to conduct fire investigations and I agree are subject to 1033. However, licensed professional engineers in most states are NOT subject to PI requirements even if they conduct investigations into the cause and origin and product liability issues. This is because they fall under a completely different set of rules which do allow them to conduct the braod term of "investigations" as part of their license. In this state, for one, we have engineering firms actually conducting fraudulent claims investigation and the state has not yet been able to do anything because they are operating under their PE license. It is wrong but currently it is legal and the law.

In theory i agree with your position, but in reality due to the specific wording in title of the NFPA document, any attorney who graduated law school can argue very successfully that engineers are not fire investigators and therefore are not subject to the 1033 requirements. So I reiterate my last posting: "The only apparent fix for 1033 is to change the name to "Standard Qualifications for Persons Conducting Investigations involving the Origin and Cause of Fire Losses". Then Engineers would be reincorporated back into the fold with the rest of us second class citizens, thus leveling the playing field. Use the majority of the same wording of the Scope as in 921 and incorporate it back into the 1033 document and then it is done."

Finally, I want to thank you Pat for your previous postings. It is very important that everyone be aware of whats going on with the NFPA process and I only found out over the weekend the proposals you posted yesterday.

Now for the legal disclaimer as I am required officially to make: -------The above comments are personal observations, comments, and opinions and are not formal policy decisions of the Oregon PE Board, Oregon DPSST, or of the Private Security and Investigators Policy Committee. They are also not to be construed in any way as legal advise. Reliance upon the above information is at the users own discretion. It is therefore recommended that each person research their own statutory language, contact their appropriate agencies for specific policy decisions, or consult an attorney licensed in their own state for more information. -----


Chris Bloom



Edited 1 time(s). Last edit at 07/09/2007 05:27PM by Chris Bloom, CJBFireConsultant.