I agree with you that the evidence mentioned, such as devices, is part of the data being collected that is used in the analysis process for determining a fire cause. The use of the word incendiary may be my problem. The definition of incendiary is, “A fire that is intentionally ignited in an area or under circumstances where and when there should not be a fire.” To me this is a classification. As to the cause of the fire one can say it originated as the results of an activation of an incendiary device would be the fire cause. Then one can explain how this device works and how it related to the origination of the fire. That is a fire cause and not a classification. It does not deal with intent or motive. The presence of a fuel that should not be present is data that can be used as to determining a fire cause.

My problem with the chapter is that it combines information that can assist is reaching a conclusion as to the fire cause with information that has nothing to do with the fire cause. As an example, “The fire scene or the fire building are devoid of the “normal” contents reasonability expected, or identified through witnesses statements, to be in the structure prior to the fire should be investigated an explained.” What does this have to do with the cause of the fire. Motive and intent, yes but the cause of the ignition? The same goes with the alteration of the fire protection systems. Yes, this information is important as to the spread of the fire but not the cause of the fire. Can one not have an accidental fire while having a fire protection system that was altered? What if the sprinkler system was turned off due to weather conditions. I can see reasons for making conducting further investigations into this area but I cannot see away to make a classification of incendiary based on this fact. First you must prove the fire was intentionally set for the purpose of destroying the building. With that evidence in hand then you use the alteration of the fire protection system as additional support.

What I am saying is majority of this chapter does not fit into the scientific method outline as the proper methodology for determining a fire cause. Unfortunately, too often we have seen people go to jail based on these other factors and not due to scientific evidence. It may be as simple as doing away with most of what is in this chapter and re-titling it.

Jim Mazerat
Forensic Investigations Group