Pat's answer is quite correct. Because 921 is not suitable for adoption into a statute by reference, NFPA cannot call it a code. Because it does not contain mandatory language, in the NFPA system is cannot be called a standard.

That does not prevent anyone else from adopting it as a standard, as many courts and insurance companies have done. It's a standard of care.

All NFPA documents are, in the larger sense of the word, "standards." They are developed by a standards development organization (SDO) according to rules promulgated by entities such as ISO and ANSI that accredit SDOs.

NFPA 921, in fact, formerly carried the designation "An American National Standard," on the cover until enough people who either did not understand the term or did not like the term complained to the Standards Council. So the designation was removed from the cover. But the careful reader will note that even in the current edition, the second paragraph of the introduction reads as follows: "This edition of NFPA 921 was appreoved as an American National Standard on January 16, 2004.

The ways in which SDOs develop standards are not simple, and without some experience in the process, some may find it difficult to understand.

Each SDO must develop its own rules that meet several important criteria. Here is a general overview of the requirements for a voluntary standards development process.

OMB Circular 119 defines “voluntary consensus standards” as having the following 5 attributes:

1. Openness
2. Balance of interest
3. Due process
4. An appeals process
5. Consensus, which is defined as...

General agreement, but not necessarily unanimity,

and includes a process for attempting to resolve objections by interested parties, as long as all comments have been fairly considered,

each objector is advised of the disposition of his or her objections and the reasons why,

and the consensus body members are given an opportunity to change their votes after reviewing the comments.

The NFPA process meets all of these requirements.

Some may see the word "voluntary" as an issue.

What voluntary means in this context is that you are free to use a standard or not. BUT, once you say you are using the standard, or agree in a contract to use the standard, you are bound by its terms. Certainly that is open to some interpretation, but if you say you are following NFPA 921, then base an arson call on spalling, or the appearance of a bun pattern, or an unconfirmed canine alert, or crazed glass, there is a disconnect.

Further, even though NFPA 921 is a voluntary consensus standard, a court may decide that individuals who voluntarily choose not to follow it will not be allowed to testify because their methodology is not reliable.

Now, if it's not that they object to being held to a standard of care, WHY do people object to NFPA 921 being called a standard?

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