NFPA 921 does not actually specify that the investigator be the one that must notify the other interested parties, just that “the entity in control should provide notice…” and that “All interested parties should notify the entity controlling the investigation site in a timely manner of other interested parties that should be included in the investigation.”


“27.3 Communications Among Interested Parties.
27.3.1 Notice to Interested Parties. Notification should be given to all known, interested parties in an expeditious manner to allow them the opportunity to examine the scene as early as possible and minimize claims of spoliation. See 11.3.5; see also ASTM E 860, Standard Practice for Examining and Testing Items That Are or May Become Involved in Product Liability Litigation. Initial notice should be provided by the entity in control of the scene to any known interested parties.”

“27.3.1.1 Entity in Control. The entity having control of the site should provide notice to all known interested parties if it intends to conduct an investigation at the site of the incident. If the entity controlling the site does not intend to conduct an investigation at the site, or if it fails to initiate notification, any interested party intending to conduct such an investigation may initiate the notification process.

“27.3.1.2 All Interested Parties. All interested parties should notify the entity controlling the investigation site in a timely manner of other interested parties that should be included in the investigation. Responsibility for and timing of the notification will vary according to such factors as the jurisdiction, whether the interested party giving notice is public or private, whether criminal conduct is implicated, and applicable laws and regulations.”

“27.6.4.2 Destructive Inspections. Inspections may occur where it could be reasonably anticipated that evidence will be altered or destroyed. Before such inspections occur, all interested parties should receive notice and a protocol should be agreed upon for the inspections.”

“27.6.4.3 Testing of Evidence. Prior to any testing of evidence, all interested parties should be notified, protocols should be developed, and testing facilities should be agreed upon. Each of the interested parties may decide to have its own expert view or participate in the testing.”

Neither does the referenced Standard, ASTM E 860 require that the investigator notify anyone.

ASTM E 860 says:

“4. Procedure
4.1 The person, firm, or corporation conducting examinations or tests of the evidence must document the nature, state, and condition of the evidence by descriptive, photo-graphic, or other suitable methods prior to any test examination, disassembly, or alteration. It should attempt to determine change(s), alteration(s) or contamination of the evidence subsequent to the incident, and report its findings.”
“4.2 If proposed tests, examinations, or other actions are likely to alter the nature, state, or condition of the evidence so as to preclude or limit additional examination and testing, the person, firm, or corporation planning to perform the proposed action shall:

4.2.1 Notify its client that the proposed action is likely to alter the nature, state, or condition of the evidence so as to preclude or limit additional examination or testing of the evidence.

4.2.2 Recommend that its client notify other interested parties of the proposed action described in 4.2, and

4.2.3 Recommend to its client that other interested partiesbe given the opportunity to participate in the procedures described in 4.1 or to witness and record any such actions.”

Pat Kennedy, CFEI, CFPS, MIFireE
Fire and Explosion Analyst
Sarasota, Florida
[www.kennedy-fire.com]