2017 CLM Southeast Conference November 2-3, 2017 in Atlanta, GA. Hot Off the Press: A Look at the 2017 NFPA 921

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Dominic Edwards
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1 2017 CLM Southeast Conference November 2-3, 2017 in Atlanta, GA Hot Off the Press: A Look at the 2017 NFPA 921 I. NFPA 921 is considered the authoritative source when conducting fire investigations and should be utilized during all fire investigations. In 1992, the National Fire Protection Association created a set of investigative guidelines that was published as NFPA 921: Guide for Fire and Explosive Investigations. The Guide is widely used by both public and private fire investigators. It describes in detail the scientific method and how to specifically apply the scientific method in the context of fire and explosion investigations. Overtime, the guidelines have grown to include not just guidelines for determining the origin and cause of fires, but also the collection and handling of physical evidence, as well as chapters focusing on motor vehicle fires, wildfires, and appliances. NFPA 921 is generally regarded as the standard of care in fire investigation. Technically its provisions are still simply guidelines, but they are considered authoritative and utilized by many courts when determining the sufficiency and admissibility of expert opinions. II. The revisions to the 2017 Edition of NFPA 921 includes key changes to Chapters 1, 8, and 16. NFPA 921 is on a three-year publication cycle and is constantly being revised, scrutinized, and updated by a panel of professionals in the industry to incorporate advances in the field of fire/explosion investigation. There were several minor changes to several sections of NFPA 921. Most of the modifications provide additional clarification for existing guidelines. The new version of NFPA 921 also continued to update the charts and figures to utilize more color photographs and updated diagrams. The following is a list of all provisions that were changed in the 2017 edition of NFPA 921: Chapter 1 Administration 1.1 Scope NFIRS is beyond the scope of considers NFIRS reports as incident reports 1.2.2Proper determination

2 Chapter 2 Referenced Publications 2.1 Referenced document NO LONGER CONSIDERED PART OF THE REQUIREMENTS OF Publications list updated Publications list updated Publications list updated Publications list updated Other publications list updated 2.4 References for extracts in advisory sections Chapter 3 Definitions Active Fire Protection System Energy Explosible Explosion Dynamics Fire Area Fire Effects Heat Flux Heat Transfer Hybrid Mixture Incendiary Fire Minimum Explosible Concentration (MEC) Overload Passive Fire Protection System Point of Origin Power Radiant Heat Scientific Method Thermodynamics Chapter 4 Basic Methodology Figure 4.3 Scientific method flow chart hypothesis testing final hypothesis selection Avoid presumption Confirmation bias Chapter 5 Basic Fire Science 5.1 (et. seq.) Introduction Fire and energy Limited oxygen index CO production underventilation temperature scales (et. seq.) General Fuel-controlled burning

3 ventilation controlled burning Figure caption expanded flashover Chapter 6 Fire Patterns color change Figure (et. seq.) Enhanced soot deposition (et. seq.) Clean burn Figure Line of demarcation Suppressions generated patterns Figure ( a, b &c) Holes in floors ignitable liquids and holes in floors Irregular fire patterns (including figures) Figure saddle burn color image ventilation generated patterns Chapter 7 Building Systems 7.7 (et seq.) Design and installation parameters 7.8 (et seq.) Documentation and data collection interested parties and spoliation Chapter 8 Fire Protection Systems Total revision and reorganization of chapter including new images/figures Chapter 9 Electricity and Fire (et seq.) Ground fault circuit interrupter Arc fault circuit interrupter lightning and arcing Overheating in duplex receptacles (new figures too) (et seq.) Insulation damage, dielectric breakdown 9.11 (et seq.) interpretation of melt damaged conductors 9.12 (et seq.) Lightning Chapter 10 Building fuel gas systems Figure added Chapter 11 Fire related human behavior Cognitive comprehension limitations Standards on labels, instructions and warnings Chapter 13 Safety Temporary lighting hazards MSDS now SDS Chemical hazards Hazard Communication Site Plan Chapter 14 Sources of information

4 Military Branches IAAI Insurance industry Chapter 15 Planning the Investigation ASTM E-860 Chapter 16 Documenting the Investigation 16.2 (et seq.) Photography 16.3 (et seq.) Note taking (et seq.) Three -dimensional representations 16.5 (et seq.) reports Chapter 17 Physical Evidence (et seq.) Collection of evidence for accelerant testing Gas chromatography Mass Spectrometry deleted Cigarette ignition testing upholstered furniture assemblies Cigarette ignition testing components of upholstered furniture Chapter 18 Origin Determination witness information expanded Figure 18.2 revised Scientific Method flow chart Sequential pattern analysis Structure interior Scope of examination and reconstruction Washing floors new figures Ventilation generated patterns Depth of char analysis Measuring depth of calcination Arc survey limitations (et seq.) Fire Dynamics Origin Matrix Analysis (includes a new figure) Technically valid hypotheses Chapter 19 Fire Cause Determination Factors contributing to ignition 19.6 Alternate hypothesis testing Process of elimination Chapter 20 Classification of Fire cause 20.1 Cause vs classification Undetermined fire cause Chapter 23 Explosions Dust explosions

5 Particle size (new figure) (et seq.) Concentration (includes new figure) Minimum Explosible concentrations Turbulence is dust explosions Moisture (et seq.) Minimum temperature and ignition energy Dust cloud ignition temperature ASTM E-2019 Chapter 24 Incendiary Fires Incendiary devices includes new figure (et seq.) Exotic accelerants Forced entry Removal (of contents pre-fire) Chapter 25 Fire and Explosion Deaths and Injuries photographic documentation of a body X-ray examination of the body (includes new images) Smoke and soot exposure (includes new image) Pre-fire victim impairment Chapter 26 Appliances Positions of appliance controls Fire Patterns (3 new images) Batteries Chapter 27 Motor Vehicle Fires Undeployed supplemental restraint systems Ignitable liquids used in motor vehicles (revised table and references) Hot surface ignition Open flames Electrical short circuits and arcs Arc carbon tracking (et seq.) Lamb bulbs and filaments External electrical sources used in vehicles Exhaust systems Mechanical sparks Diesel Particulate Filters (DPFs) Batteries and hydrogen gas production Arc mapping Electronic control modules (ECM) Electrical motors Motor vehicle compartments Fire effects Diesel fueled vehicle considerations Agricultural equipment

6 Chapter 28 Wildfire Investigations Weather safety considerations (annex material added) Chapter 30 Marine Fire Investigations Safety measures for inspection of boats on land High pressure marine fuel injection systems Diesel fuel injection systems permanently installed fuel tank venting Hydraulic thruster systems Bow and stern thrusters 30.9 US Coast Guard boating accident reports Additionally, Annexes A, B &C were also updated. The most significant of these changes were in Chapters 1, 8, and 16. Chapter 1 of NFPA 921 was amended to explain the appropriate use of incident reports from local fire departments. Leading up to the 2017 edition of NFPA 921, there was some confusion as to what extent reports issued by local fire departments may and should be used during the investigation and litigation of fire claims. The United States National Fire Incident Reporting System (NFIRS) is used by fire departments to input data following most fire calls. The data is put together in report form and often the report is one of the first things obtained during the adjustment or review of a fire claim. Some claim professionals decline to obtain a fire investigator if an NFIRS report is available. Additionally, some liability adjusters will rely upon an NFIRS report when denying a claim. Previous editions of NFPA 921 did not specifically address the scope and appropriate use of NFIRS reports. Chapter 1 of the 2017 edition includes a revision that now explains the relationship of NFPA 921 to the United States National Fire Incident Reporting System (NFIRS). Specifically, section states This guide considers NFIRS reports as incident reports and not as investigation reports. The information contained in an NFIRS report should generally be considered as the preliminary report of the fire department concerning any fire or explosion incident. An NFIRS report should not be used as a fire investigation report. This addition makes clear that NFIRS reports are not equal to opinions issued by fire investigators after a thorough investigation. Generally, NFIRS reports contain only the initial observations by the fire fighters and any preliminary opinions or untested hypotheses regarding cause. Any opinions that happen to be reporting in an NFIRS report are not likely to comply with all standards of NFPA 921 and the NFIRS reports are likely to be subject to heavy scrutiny during any litigation. They are simply not considered sufficient with regard to NFPA 921 standards. Chapter 8 of NFPA 921 was completely rewritten to better assist investigators with scene analysis.

7 Most investigations focus on identifying the cause of the fire. However, an important part of every investigation is understanding the fire protections systems present at the fire of the fire and how those systems may have performed during the incident. For example, the fire patterns and debris following a fully involved fire in a building with no sprinkler system may look drastically different than the fire patterns and debris following a fully involved fire held in check for several minutes by an active sprinkler system. Thus, even though many fire investigators are not certified fire protection engineers, the basic knowledge of fire protection system is still required in order to formulate opinions regarding cause and origin. If a fire investigator fails to incorporate the guidelines set forth in the revised Chapter 8, any opinion may be subject to challenge during litigation. At worst, a fire investigator s opinions may be struck altogether for failure to comply with NFPA 921 guidelines. At best, a fire investigator may have to admit on cross examination that he/she failed to consider certain relevant factors during the investigation thereby reducing the strength of the overall opinion. Understanding how the fire sprinkler system performed during an incident is not only important for the proper interpretation of physical evidence, it also allows the investigator to form opinions regarding the adequacy of the sprinkler system or how the system s performance impacted the overall scope of damage. This will in turn assist subrogation professionals in identifying and pursuing valid claims related to spread theories. When the cause of a fire may not lend itself to a viable subrogation claim, recovery may nonetheless be possible if a third party was responsible for a sprinkler system that failed to operate properly and temporarily contain the fire, thus allowing the fire to spread. Regardless of the type of claim pursued, the revisions to Chapter 8 make clear that preservation of evidence includes the preservation and documentation of the sprinkler system. Many times, the focus of site inspections is on the perceived area of origin and the fire debris. This may no longer be sufficient, and the scope of evidence preserved may need to be expanded. In an effort to not delay the clean up efforts after a fire, it is common place to allow areas adjacent to the fire s area of origin to be cleaned up while only a small portion of the entire scene is preserved for joint inspections. Fire investigators, adjusters, and other subrogation professionals should be mindful that relevant portions of the sprinkler system may also need to be preserved. Chapter 16 was completely rewritten to encompass new technology available for documenting fire investigations. Earlier versions of NFPA 921 discuss documentation of a fire investigation using photographs and scene notes. Given the advances in technology, Chapter 16 was modified to now also encompass a discussion of the use of drones and 3D scanning devices. Drones can be a useful tool for taking aerial photographs of large scenes. Many companies that routinely perform forensic investigations have already invested in one or

8 more drones and aerial photographs are becoming part of every standard investigation. As drones become more accessible and less costly, it is anticipated that the failure to document a scene aerially may be highly scrutinized. Additionally, the 2017 version of Chapter 16 includes reference to the use of 3D scanning to document fire scenes. 3D scanning of a fire scene is the collection of several data points through the use of a laser. It can be done with laser scanners mounted on tripods, or with handheld lasers. The lasers can collect data for a small object or for entire scenes that encompass entire buildings. Once all of the data is collected, computer technology allows a technician to use the data to create a 3D image of the fire scene. This 3D image can be viewed on a screen, or in some cases, even projected into a room as a true 3D image. This technology has been utilized in a relatively small number of cases over the past few years and has just recently started to be used more and more in cases that are litigated. As more and more courts accept 3D imaging from laser scans as a helpful tool in the courtroom, we anticipate more and more investigators will begin to utilize this technology. Since the technology is still relatively new, it is important to understand the new NFPA 921 guidelines in order to ensure the data will be accepted as part of the fire investigation. Ultimately, although the methods available for documenting the scene have changed, the overall goal continues to be making an accurate record that will allow investigators to recall and communicate their observations at a later date. It is important to know that these new methods of documentation are acceptable and now formally available. III. Subrogation claims are strengthened when the adjuster and investigator work together to ensure compliance with NFPA 921. A subrogation claim is generally only as good as the expert opinions that support the claim. The stronger the expert opinions, the stronger the subrogation claim. Conversely, if an expert opinion fails to consider relevant factors or largely comply with the guidelines set forth in NFPA 921, a subrogation claim is less likely to be successful. Thus, the thoroughness of the fire investigation has a direct impact on the value of a subrogation claim. Subrogation professionals should speak with the fire investigations with whom they work and make sure that the investigators are cognizant of the 2017 changes to NFPA 921. This should be done even if the changes do not directly impact the subrogation investigation or ultimate opinions. NFPA 921 specifically states that fire investigation practices are constantly changing and that it is important for an investigator to remain current. An investigator may lose credibility if he/she testifies that NFPA 921 is authoritative and was followed during the investigation, but then cannot sufficiently discuss the recent changes in the guidelines. While it is incumbent on the fire investigator to stay up to date, it is also incumbent on the subrogation professional to ask the appropriate questions when retaining a fire investigator and discussing an ongoing investigation.

9 Each member of the subrogation team has a specific role. Evaluating potential subrogation claims is best accomplished when the fire investigator and adjuster work together to discuss and evaluate claims. Instead of asking do you see any subrogation potential? ask questions such as what evidence supports your opinion as to cause? and what evidence may contradict your opinion or be inconclusive? Ask about the condition of the scene and how it was documented. Although we all assume that investigations are conducted in accordance with the guidelines in NFPA 921, it is still important to discuss NFPA 921 when evaluating claims. Specifically discuss how the scientific method was utilized and what other potential ignition sources were identified and eliminated. Discussing the use of NFPA 921 early in every investigation will inherently develop more thorough evaluations of claims. The subrogation professional will identify weaknesses early on. In some cases, it may appear that the cause of a fire is quite clear, despite an inability to process the entire scene. This may seem like a slam dunk case at first glance, but the value of the case will likely decline if the investigator is forced to admit during trial that NFPA 921 could not be fully followed. Alternatively, an early discussion of the issues may allow time to eliminate or alleviate potential defenses. In any event, claims are much more likely to resolve when all parties involved have reasonably evaluated the value of a claim. An early discussion of NFPA 921 and its current revisions will help to value the claim as quickly as possible. Failure to do so may result in the abandonment of an otherwise viable subrogation claim, or it may result in the loss of time and money spent on a case without much potential for success. NFPA 921 is the authoritative source for fire investigations and should be utilized on a regular basis by all subrogation professionals.

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