Protecting Evidence for Fire Cause Determination 621
Chapter 17
Protecting Evidence for
Fire Cause Determination
INTRODUCTION
[NFPA 1001: 4-3.4; 4-3.4(a); 4-3.4(b)]
Fire departments should investigate all fires to
determine the cause of the fire (Figure 17.1). The
cause of a fire is a combination of three factors:
• Fuel that ignited
• Form and source of the heat of ignition
• Act or omission that helped to bring these
two factors together
Figure 17.1 As a result of thorough fire investigations, investigators can
identify and explain the origin and cause of the fire and who or what was
responsible. Courtesy of Scott L. Davidson.
In order to properly analyze fire cause, it is
necessary for firefighters to protect evidence at the
scene. A fire officer, fire investigator, or firefighter
trained in collecting and preserving evidence col-
lects and analyzes the evidence to determine the
exact cause.
Knowing the cause of fires helps prevent fires in
the future. Reduced fire loss means that the public
is getting the protection that it expects and that the
fire department is fulfilling its obligation to pro-
vide that protection. As fire incidents decrease, so
do loss of life and adverse economic impact.
The firefighter on the scene has the best oppor-
tunities to observe evidence of cause and to assist
in the fire cause determination effort. The firefighter
is an important link in the chain for determining
how a fire started and why it spread as it did.
It is the responsibility of the fire department to
respond and extinguish a fire as quickly as pos-
sible. However, the results of the fire fighting
operation may impair an investigator in conduct-
ing a fire origin and cause determination investiga-
tion. The firefighters’ actions may move evidence
from its original location or completely sweep it
away (Figure 17.2). It is extremely important that
firefighters take precautions in protecting evidence
while fighting a fire.
Information gathered at the scene is of critical
importance to the fire investigator. Investigators
are seldom present while firefighters fight a fire,
perform overhaul, and interview occupants and
witnesses to obtain information. Legal proceed-
ings concerning a particular fire may also become
necessary. For these reasons, firefighters must be
responsible for noting everything that could point
to the origin and cause of a fire.
This chapter contains information on the re-
sponsibilities of the firefighter and the fire investi-
gator. Observations that the firefighter can make
en route, upon arrival, and during and after the
fire which could assist in a subsequent fire
622 ESSENTIALS
Figure 17.2 Overhauled materials are often piled outside the structure.
investigation are also covered. The chapter also
discusses steps for securing the fire scene and
protecting evidence. Finally, the chapter covers
the firefighter’s conduct at the scene and legal
considerations. For more information, refer to
IFSTA’s Introduction to Fire Origin and Cause
manual.
RESPONSIBILITIES OF THE FIREFIGHTER
[NFPA 1001: 4-3.4(a)]
The fire chief has the legal responsibility within
most jurisdictions for determining the cause of a
fire. The fire chief relies on the fire officers and
firefighters at the scene to make sure that the true
and specific cause of the fire can be determined.
Proper training enables firefighters to recognize
and collect important information by observing the
fire and its behavior during the response, upon
arrival, when entering the structure, and while
locating and extinguishing the fire. More than
anyone else, the firefighter is aware of unusual
conditions that may indicate an incendiary (arson)
fire.
The first-arriving firefighters may be able to
best answer some important questions such as the
following:
• Are the contents of the rooms as they nor-
mally would be? Are the rooms either ran-
sacked or unusually bare?
• Are the doors and windows locked or open?
Is there evidence of forced entry prior to the
arrival of firefighters?
• Are there indications of unusual fire behav-
ior or more than one area of origin?
• Are vehicles or people present in the area?
Firefighters must be aware during fireground
operations that what they do and how they do it can
affect the determination of the origin and cause of
the fire. Having an alert and open mind combined
with performing judicious and careful overhaul
might also uncover important evidence that would
otherwise be lost.
ROLE OF THE INVESTIGATOR
[NFPA 1001: 4-3.4(a)]
Fire marshals, fire inspectors, or other mem-
bers of a fire prevention bureau are usually respon-
sible for carrying fire cause investigations beyond
the level of the fire company (Figure 17.3).
Firefighters may be questioned by an investigator
or asked to assist in some aspect of an investiga-
tion.
Some fire departments have special fire in-
vestigation or arson squads. In other depart-
ments, fire department and law enforcement
personnel work together. There are also locali-
ties where the police department has sole re-
sponsibility for handling an investigation. In
other areas, the responsibility for cause determi-
nation and investigation lies with the state fire
marshal or some other state agency rather than
with local agencies. Private companies may con-
 Protecting Evidence for Fire Cause Determination
Figure 17.3 A fire investigator is responsible for conducting, coordinating,
and completing a fire investigation. Courtesy of Ron Jeffers.
duct separate investigations when a fire involves
their property, or the investigation may be con-
ducted by an insurance company.
OBSERVATIONS OF THE EMERGENCY
RESPONDERS
[NFPA 1001: 3-3.7; 3-3.7(a); 3-3.7(b); 3-3.12(a); 3-
3.12(b); 4-3.4(a); 4-3.4(b)]
Some of the observations that firefighters make
and some of the actions that firefighters perform
may be done at different times throughout an
incident. For example, firefighters may not find
evidence of unusual fire behavior until performing
overhaul. A thorough search for containers and
signs of forcible entry may not be feasible until the
fire is extinguished. The important point is not
when the firefighter notices something that can
lead to the cause but that the firefighter takes the
proper steps afterwards.
Observations En Route
The firefighters’ responsibility for gathering
information begins when the alarm is received.
The firefighter should gather information on the
following factors:
623
• Time of day — Are people and circum-
stances at the scene as they normally would
be this time of day? For example, if a fire is
in a dwelling at 3 a.m., the building occu-
pants would probably be wearing night
clothes, not work clothes. If a fire is in an
office building after working hours, the
owner or employees should have a valid
reason for being present at that hour.
• Weather and natural hazards — Is it
hot, cold, or stormy? Is there heavy snow,
ice, high water, or fog? If the outside tem-
perature is high, the furnace in the struc-
ture would not be operating. If the outside
temperature is low, the windows normally
should not be wide open. Arsonists some-
times set fires during inclement weather
because the fire department’s response time
may be longer.
• Man-made barriers — Are there any bar-
riers such as barricades, fallen trees, cables,
trash containers, or vehicles blocking ac-
cess to hydrants, sprinkler and standpipe
connections, streets, and driveways? These
situations could indicate an attempt on
someone’s part to delay fire fighting efforts
(Figure 17.4).
Figure 17.4 Man-made barriers are sometimes used to delay the fire
department’s response to an emergency.
• People leaving the scene — Are people
leaving the scene? Most people are intrigued
by a fire and stay to watch (Figure 17.5). On
the other hand, people leaving the scene by
vehicle or on foot may be suspicious. There-
fore, when a person leaves the scene by
vehicle, make note of the color of the ve-
hicle, its approximate year, its model, the
624 ESSENTIALS

frames (Figure 17.6). Sometimes doors and

windows are covered with blankets, paint,
and paper to delay discovery of the fire.
• Location of the fire — Determine the
location of the fire. This information helps
to identify the area of origin. Also note
whether there were separate, seemingly
unconnected fires. If so, the fire might have
been set in several locations or spread by
trailers (combustible material used to spread
fire from one area to another).
• Containers or cans — Note metal cans or
plastic containers found inside or outside
Figure 17.5 Observe bystanders at the scene. Note if the same person
seems to be present at several fires. the structure. They may have been used to
transport accelerants.
body style and condition, and the license • Burglary tools — Note tools such as pry
plate number. Notice if any occupants are bars and screwdrivers found in unusual
in the vehicle. If a person leaves the scene areas. They may have been used by a person
on foot, note the person’s attire, general to enter the facility to set the fire (Figure
physical appearance, and any peculiarities 17.7).
such as someone trying to leave undetected,
walking briskly, or looking over his shoul-
der.
Observations Upon Arrival
Additional information that firefighters should
gather upon arrival at the scene may include the
following:
• Time of arrival and extent of fire — Ask
the person who reported the fire or other
witnesses about the extent of the fire at the
time it was discovered and reported. The
person who reported the fire can be ques-
tioned thoroughly at a later time. Note the
locations of smoke columns and flames and Figure 17.6 Check for signs that forcible entry was made before fire
department personnel arrival.
determine whether flashover or self-venti-
lation occurred. If the fire self-ventilated,
was it vertical or horizontal?
• Wind direction and velocity — Note wind
direction and velocity. These factors may
have a great effect on the natural path of
fire spread.
• Doors or windows locked or unlocked —
Note the position and condition of doors and
windows upon arrival. Before opening doors
and windows, determine whether they are
locked, are unlocked, or show any signs of Figure 17.7 Look for forcible entry tools that may have been used to
forcible entry such as broken glass or split enter the facility.
 Protecting Evidence for Fire Cause Determination 625
• Familiar faces — Look for familiar faces • Incendiary devices — Note pieces of glass,
in the crowd of bystanders. They may be fire fragments of bottles or containers, and metal
buffs, or they may be habitual firesetters. parts of electrical or mechanical devices.
Most incendiary devices (any device de-
Observations During Fire Fighting
signed and used to start a fire) leave evi-
Firefighters should continue to observe the
dence of their existence (Figure 17.9). More
following conditions that may lead to the determi-
than one device may be found, and some-
nation of the fire cause:
times a faulty functioning device can be
• Unusual odors — Note unusual odors. found during a thorough search.
Firefighters should always wear self-con-
• Trailer — Note combustible materials such
tained breathing apparatus (SCBA) during
as rolled rags, blankets, newspapers, or
fire suppression and overhaul operations.
ignitable liquid (trailer) that could be used
However, unusual odors may sometimes be
to spread fire from one point to another.
detected at the fire scene.
Trailers usually leave char or burn patterns
• Abnormal behavior of fire when water and may be used with incendiary ignition
is applied — Observe fire behavior when devices (Figure 17.10).
applying water on a fire. Flashbacks,
reignition, several rekindles in the same
area, and an increase in the intensity of the
fire indicate possible accelerant use. Water
applied to a burning liquid accelerant may
cause it to splatter, allowing flame inten-
sity to increase and the fire to spread in
several directions. Water applied to fires
involving ordinary combustibles usually
reduces flame propagation.
• Obstacles hindering fire fighting — Note
whether doors are tied shut or furniture is
placed in doorways and hallways to hinder
fire fighting efforts (Figure 17.8). Holes may
be cut in the floors that not only hinder fire
suppression activities but also spread the
Figure 17.9 Most incendiary devices leave evidence of their existence.
fire.

Figure 17.8 Furniture may be placed in front of doors to block the Figure 17.10 A trailer is used to spread fire from one point to another.
firefighter’s entry. Courtesy of Elk Grove Village (IL) Fire Department.
626 ESSENTIALS
• Structural alterations — Observe alter-
ations to the structure: removal of plaster
or drywall to expose wood; holes made in
ceilings, walls, and floors; and fire doors
secured in an open position (Figure 17.11).
All of these methods are designed to abnor-
mally spread or move fire quickly through
the structure.
• Fire patterns — Note the fire’s movement
and intensity patterns. These can trace how
the fire spread, identify the original igni-
tion source, and determine the fuel(s) in-
volved. Carefully note areas of irregular
burning or locally heavy charring in areas
of little fuel.
• Heat intensity — Look for evidence of high
heat intensity, especially in relation to other
areas of the same room. This may indicate
the use of accelerants. However, other fac-
tors may contribute to variations in heat
intensity. One of these factors is synthetic
materials, such as polyurethane, that may
produce areas of normal high heat intensity
and may be confused with the use of
accelerants.
• Availability of documents — Be alert to
the sudden production of insurance papers,
inventory lists, deeds, or other legal docu-
ments that may indicate that the fire was
premeditated.
• Fire detection and protection systems —
Check for evidence of tampering or inten-
Figure 17.11 Fire spreads more quickly throughout a structure when a
hole has been chopped in the floor.
tional damage if fire detection and protec-
tion systems and devices are inoperable
(Figure 17.12).
• Intrusion alarms — Check intrusion
alarms to see whether they have been tam-
pered with or intentionally disabled.
• Location of fire — Note ignition sources or
possible ignition sources in the area of the
fire. Fires in areas remote from normal
ignition sources may indicate suspicious
activity. Some examples are fires in closets,
bathtubs, file drawers, or in the center of
the floor.
• Personal possessions — Look for the fol-
lowing indicators that preparations were
made for a fire: absence or shortage of cloth-
ing, furnishings, appliances, food, and
dishes; absence of personal possessions such
as diplomas, financial papers, and toys;
absence of items of sentimental value such
as photo albums, special collections, wed-
ding pictures, and heirlooms; absence of
pets that would ordinarily be in the struc-
ture (Figure 17.13). (NOTE: Do not read too
much into a lack of material possessions. A
person’s economic status may dictate his
lifestyle, and some people just do not have
as much as others.)
• Household items — Note whether major
household items appear to be removed or
replaced with junk. Other items may also
Figure 17.12 A smoke
detector may be disabled Figure 17.13 Missing personal
to delay the detection of the possessions, such as clothes, may indicate
fire. that preparations were made for a fire.
 Protecting Evidence for Fire Cause Determination
appear to be replaced with items of infe-
rior quality. Check to see whether major
appliances were disconnected or un-
plugged and determine why they were in
this condition.
• Equipment or inventory — Look for ob-
solete equipment or inventory, fixtures,
display cases, equipment, and raw mate-
rials.
• Business records — Determine if impor-
tant business records are out of their
normal places and left where they would
be endangered by fire. Check safes,
fire-resistant files, etc., to determine
whether they are open and exposing the
contents.
Responsibilities After the Fire
Firefighters should report all facts concerning
the fire to the officer in charge as soon as possible.
Each firefighter should write a chronological ac-
count of important circumstances personally ob-
served. A written account will be valuable if the
firefighter must testify in court later. Cases often
come to trial several years after an incident, and a
person should not rely on memory alone. Report
hearsay to the investigator for validation.
Example: “The neighbor told me that he saw the
lights flickering for a few days before the fire.”
This is hearsay, but it may be very helpful to
the investigator.
Salvage and overhaul are probably the pivotal
operations in determining fire cause. Some depart-
ments take great pride in their salvage and over-
haul work and boast that they leave a building
neater, cleaner, and more orderly than it was
before the fire. This thoroughness in salvage and
overhaul is admirable, but in many cases it de-
stroys evidence of how a fire started. Delay thor-
ough salvage and overhaul work until the area of
origin and cause have been determined.
Fire personnel should perform salvage and
overhaul carefully. They should not move more
debris than is necessary, especially in the area of
origin, because it may hamper the investigation.
Neither should firefighters throw debris outside
into a pile — evidence is buried this way and may
be permanently lost (Figure 17.14).
627
Figure 17.14 Evidence may be found in debris that has been thrown
outside.
CONDUCT AND STATEMENTS AT THE SCENE
[NFPA 4-3.4(a)]
Although firefighters and the fire officer should
obtain all information possible pertaining to a fire,
they should not attempt to interrogate a potential
arson suspect. The moment one suspects a particu-
lar person of arson, he should call a trained inves-
tigator to conduct an interview. It is the trained
investigator’s job to interview an arson suspect.
Allow the owners or occupants of the property to
talk freely if they are inclined to do so, and give
them a sympathetic ear. Some valuable informa-
tion is often gathered this way.
Fire personnel should never make statements
of accusation, personal opinion, or probable cause
to anyone. These opinions easily could be over-
heard by the property owner, news media, or other
bystanders who could consider such statements
fact. Careless joking and unauthorized or prema-
ture remarks that are published or broadcast can
be very embarrassing to the fire department. Many
times these remarks impede the efforts of an inves-
tigator to prove malicious intent as the fire cause.
A sufficient reply to any question concerning cause
is “The fire is under investigation.”
After the investigator arrives, personnel
should make their statements only to this indi-
vidual. Any public statement regarding the fire
cause should be made only after the investigator
and ranking fire officer have agreed to its accu-
racy and validity and have given permission for it
to be released.
628 ESSENTIALS
SECURING THE FIRE SCENE
[NFPA 4-3.4(a); 4-3.4(b); 3-3.13(b)]
The most efficient and complete efforts to de-
termine the cause of a fire are wasted unless the
building and premises are properly secured and
guarded until an investigator has finished evaluat-
ing the evidence exactly as it appears at the scene.
Firefighters should take care not to contaminate
the scene while operating power tools, hoselines, or
other equipment.
If an investigator is not immediately available,
the premises should be guarded and kept under the
control of the fire department until all evidence has
been collected (Figure 17.15). All evidence should
be marked, tagged, and photographed at this time
because in many instances a search warrant or
written consent to search will be needed for further
visits to the premises. This duty might be given to
law enforcement personnel, depending on local
policies and personnel availability, but whenever
possible it should be carried out by fire department
personnel trained in evidence collection and pres-
ervation.
Figure 17.15 Cordon off the scene with fire line tape, and secure the
area with law enforcement personnel.
The fire department has the authority to bar
access to any building during fire fighting opera-
tions and for a reasonable length of time after fire
suppression is terminated. Fire department au-
thority ends when the last fire department repre-
sentative leaves the scene. Further visits to the
scene require either the owner’s written permis-
sion or a search warrant. Fire personnel should be
aware of any local laws pertaining to the right of
access by owners or occupants.
Fire personnel should not allow anyone to enter
a fire scene without the investigator’s permission,
and an authorized individual should escort the
subject. During fireground operations and the in-
vestigation, make a recorded log of any such entry.
The log should show the person’s name, the time of
entry, the time of departure, and a description of
any items the person took from the scene.
The premises can be secured and protected in
several ways with the use of few personnel. Areas
that are fenced can be monitored by one person at
a locked gate. At large fire scenes, a full-time guard
force is often employed to handle the situation. In
some extreme instances, all doors, windows, or
other entrances could be completely closed with
plywood or similar material. Cordoning off the
area also can help provide a safe and secure fire
scene. With the area cordoned, bystanders are kept
at a safe distance from the incident and out of the
way of emergency personnel. There are no specific
boundaries for the cordon.
Cordoning can be accomplished with rope or
specially designed fire and police line tape. It may
be attached to signs, utility poles, parking meters,
vehicles, or any other objects readily available.
Once in place, law enforcement personnel should
monitor the line to make sure people do not cross it.
Be aware of seemingly innocent persons (including
curious people and the press) attempting to cross a
line. Escort from the area anyone in the cordoned
area who is not a part of the operation. Record any
information obtained from them for future refer-
ence.
LEGAL CONSIDERATIONS
[NFPA: 4-3.4(a)]
As previously stated, firefighters may remain
on the location as long as necessary, but once they
leave they may be required to get a search warrant
to reenter the scene. This is based on the case of
Michigan vs. Tyler (436 U.S. 499, 56 L.Ed. 2d 486
[1978]). The U.S. Supreme Court held in that case
that “once in a building [to extinguish a fire],
firefighters may seize [without a warrant] evidence
of arson that is in plain view . . . [and] officials need
no warrant to remain in a building for a reasonable
time to investigate the cause of a blaze after it has
been extinguished.”
 Protecting Evidence for Fire Cause Determination
The Court agreed, with modification, with the
Michigan State Supreme Court’s statement that
“[if] there has been a fire, the blaze extinguished and
the firefighters have left the premises, a warrant is
required to re-enter and search the premises, unless
there is consent . . . .”
The impact of these decisions seems to be that
if there is incendiary evidence, the fire department
should leave at least one person on the premises
until an investigator arrives. To leave the pre-
mises, return later without a search warrant, and
make a search might be enough to make prosecu-
tion impossible or for an appellate court to over-
turn a conviction (Figure 17.16).
Each department should learn the legal opin-
ions that affect its jurisdiction in this regard. These
opinions or interpretations can be obtained from
such persons as the district attorney or state attor-
ney general. The fire department should write a
standard operating procedure around these opin-
ions.
Figure 17.16 Fire department personnel and the investigator should
know the jurisdiction’s legal requirements concerning reentry of a fire
scene. Courtesy of Joseph J. Marino.
PROTECTING AND PRESERVING EVIDENCE
[NFPA 1001: 3-3.13(b); 4-3.4(a); 4-3.4(b)]
Firefighters should protect evidence, untouched
and undisturbed if at all possible, when it is found
and provide security for the area until an investi-
gator arrives. They should not gather or handle
evidence unless it is absolutely necessary in order
629
to preserve it. If a firefighter handles or procures
evidence, he then becomes a link in the chain of
custody for that evidence. The firefighter should
accurately document all actions as soon as pos-
sible. It may be necessary for this individual to
subsequently appear in court. Because the amount
of time involved in a court trial can be extensive,
most departments do not want operational person-
nel to gather evidence.
No changes of any kind should be permitted in
the evidence other than those absolutely necessary
in the extinguishment of the fire. Firefighters should
avoid trampling over possible evidence and obliter-
ating it. The same precaution applied to the exces-
sive use of water may help avoid similar unsatis-
factory results. Human footprints and tire marks
must be protected. Boxes placed over prints pre-
vent dust from blowing over otherwise clear prints
and keep them in good condition for either photo-
graphs or plaster casts at a later time (Figure
17.17). Completely or
partially burned papers
found in a furnace,
stove, or fireplace should
be protected by immedi-
ately closing dampers
and other openings.
Leave charred docu-
ments found in contain-
ers such as wastebas-
kets, small file cabinets, Figure 17.17 Footprints may be
and binders that can be covered with a box until they are
photographed or plaster casts
moved easily. Keep made.
these items away from
drafts.
After evidence has been properly collected by
an investigator, debris may be removed. Charred
materials should be removed to prevent the
possibility of rekindle and to help reduce smoke
damage. Any unburned materials should be
separated from the debris and cleaned. Debris
may be shoveled into large containers, such as
buckets or tubs, to reduce the number of trips
back and forth to the fire area. It causes poor
public relations to dump debris onto streets and
sidewalks or to damage costly shrubbery. Rather,
dump the debris in a backyard or alley that is not
as visible.