Annother cogent comment from the poster boy for why NFPA 921 is, and should be, the "standard of care" in our profession.
By what means of logical thinking can the security of a fire scene possibly be a deterimining factor in the establisment of a "corpus delecti" of an incediary fire?
"NFPA 921 - 2004
22.4 Other Evidentiary Factors.
22.4.1 Once the investigator has completed the fire scene examination and has concluded that the fire was incendiary, there are other evidentiary factors that should be recorded and examined, which may be critical regarding future suspect development and identification.
"22.4.1.1 These evidentiary factors regarding the identification of a suspected firesetter, or the “motive” or opportunity for the fire, cannot be substituted for a properly conducted investigation and determination of the fire’s origin and cause.
"22.4.1.2 In the absence of physical evidence of an incendiary fire, the investigator is strongly cautioned against using the discovery or presence of these other evidentiary factors in developing an hypothesis, forming opinions, or drawing conclusions concerning the cause of the fire.
"22.4.3 Evidence of Other Crimes, Crime Concealment.
22.4.3.1 An incendiary fire may be an attempt to conceal other crimes, such as homicides and burglaries. In other cases, a staged burglary may occur to disguise an incendiary fire. The issue of which occurred first, the other crime or the fire, is more related to the motive for the fire and has little to do with the cause of the fire."
I represent to you that even a burglar can inadvertantly cause an accidental fire during the course of a burglary. When that is the case, the classification of the fire cause acoording to NFPA 921 is properly listed as "accidental." It may still be an Arson under the statutes of the particular juristiction, but it is so because it is an accident caused during the commission of a felony – it is not an incendiary fire.
Pat Kennedy, CFEI, CFPS, MIFireE
Fire and Explosion Analyst
Sarasota, Florida
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www.kennedy-fire.com]