This report entails the different recommendations generated by reviewers, aimed at improving fire investigations in Texas. These recommendations give arson investigators an opportunity to improve fire surveys and come up with effective preparation measures. These recommendations include: Adoption of National Standards, enhanced certification, retroactive review, collaborative training on incendiary indicators, tools for analyzing ignition sources, periodic curriculum review, involvement of state fire marshals officers in local investigation, establishment of peer review groups, standards for stories on arson cases, improved hearings in light cases, evaluating courtroom testimony, minimum report criteria, preservation of documentation, dissemination of information concerned with scientific advancements, code of conduct, training for lawyers, and funding (Grann, D., 2009). These recommendations justify continued investment in both remedial training and advanced training for anyone involved in fire-related investigations. This report together with NFPA 1033 and NFPA 921 provide justification for remedial and advanced investigation-specific training to fire investigators. NFPA 921 is considered as a guide while NFPA 1033 is a standard, and certain job performance requirements should be required knowledge, exceeding what may be learned at high school level. It includes fire science, chemistry, thermodynamics, thermometry, fire dynamics, explosion dynamics, computer fire modeling, fire investigation, and fire analysis. Studies at the municipal level that require a high degree of skill and expertise are few, so it should not be hard to question the expense of fire investigation education and allocation of relevant resources and equipment to remedial and training for the fire investigators.
Fire investigators should maintain the current and increasingly rigorous standards by correctly following the scientific method required by NFPA 921, just as in most forensic science disciplines. These set standards are continually being reviewed and being updated. In the case of fire investigations standards, every three years incremental updates occur. Failure to adhere to changing and increasingly rigorous standards invites litigation that could lead to landmark court decisions affecting all investigations related to fires.
A commission was formed that recognized the progress on each of the recommendations is dependent upon the ability and willingness of SFMO and other significant stakeholders to dedicate resources to implementation. To ensure that each proposal accurately reflects the input of the SFMO, appropriate recommendations are provided for. The SFMO is committed to providing the best possible forensics is used in fire investigations in Texas. The SFMO will consult with credible firms, seek expertise advice and coordinate with the FSC to implement the recommendations.
Foremost, FSC recommends that the state Fire Officers work in close cooperation with the Texas Commission on Fire Protection and other relevant organizations to develop appropriate strategic plans setting forth the best practices in fire investigations. Secondly, if new scientific knowledge grows over time that would materially change the opinions or results in a criminal investigation, the agency will have the responsibility to address the involved parties. Another important recommendation entails mechanisms for training and educating investigators of fire incidences in Texas. Training should then be followed by approved certification of the officers. Fire investigators should also maintain their knowledge in areas such as fire chemistry, fire science, thermometry, fire dynamics, fire analysis, computer fire modeling, fire investigation methodology, and failure analysis and analytical tools. They should also remain relevant with research methodology, fire protection technology, and code requirements by attending workshops and seminars.
The commission recommends all investigators should strictly comply with NFPA 1033. The first phase of compliance requires that all researchers who testify in courts meet NFPA 1033 standards as soon as practicable. Subsequent steps should ensure that investigators compliance is based on the level of responsibility. The timeline should also be aggressive but flexible to promote a smooth transition towards conformity. Continuous educational requirements promulgated by the TCFP should incorporate NFPA 1033 guidelines.
The fire agencies are also encouraged by recent efforts among fire scientists, officials, and investigators to develop a training course that includes hands-on analysis of incendiary indicators through live burn exercises. The relevant agencies should work closely with local fire departments to encourage maximum participation, possibly by offering multiple sessions in different regional locations. Special efforts should also be invited to ensure participation by smaller communities in rural areas. Another appropriate curriculum should be taken into consideration in pursuit of more efficient fire investigations (Victoria, 2008). At a minimum basis, the following subjects should be reviewed: Fire science basics, fuels, ignition, the growth of the fire, incendiary indicators, myths and misconceptions, elimination of accidental causes, proper documentation and record keeping, eyewitness interviews, and diagrams and use of ignition matrix. Moreover, training should be limited to only the active fire investigators in Texas to encourage an open and truthful exchange. It should include opportunities for researchers to participate in live burn exercises. Lentini, J. (2012), opine that those involved should be given current copies of NFPA 921. The participants should receive continuous education credit for their attendance. Finally, a test should be paid at the end of this course to determine whether attendees understood the fundamental principles.
Also, it is recommended that new tools be applied in the process of analyzing sources of ignitions. This approach constitutes a best-practice method for evaluating sources of data at a fire scene and appropriately documenting the facts relied upon when drawing conclusions about ignition possibilities. When carried out with much comprehensiveness, it provides investigators with a concrete way to conduct a systematic review of data and facts forming an opinion. The SFMO should also identify additional ways to help the fire investigation departments in Texas to stay current with national developments in fire science. There should be a consistent and efficient method for disseminating new information regarding the results of fire science experiments and controlled burn studies (Sandercock, P.M.L., 2008).
It is also important that the Texas Legislature and municipalities take steps to ensure sufficient funding is made available to promote training to fire investigators so that they meet the standards set out in NFPA 921 and NFPA 1033, and stay current with national fire services advances. SFMO should aggressively seek out alternative sources of funding for education of its investigators, including but not limited to federal and private grants and donations.
In conclusion, the forensic fire Commission of Texas recognizes that progress on each recommendation is dependent on the ability and willingness of the SFMO and other relevant stakeholders. The committee recommends that the SFMO work in close collaboration with the Texas Commission on Fire Protection (TCFP) and other relevant agencies develop its strategic plans regarding arson investigations. This interaction will result in sufficient compliance with NFPA 921 and NFPA 1033 standards, and thus efficient work was done. With the increased fire incidences all over Texas, measures should be taken to help in finding the causes of ignitions and therefore coming up with appropriate preparation measures for future use.
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Reference
Grann, D., 2009. Trial by fire. The New Yorker, 7.
Lentini, J.J., 2012. The Evolution of Fire Investigation and its Impact on Arson Cases. Crim. Just. 27, p.12.
Sandercock, P.M.L., 2008. Fire investigation and ignitable liquid residue analysis review: 20012007. Forensic science international, 176(2), pp.93-110.
Tasmania Fire Service, & Victoria. (2008). After the fire: What to do in the hours and days after the fire strikes. Hobart, Tas: Tasmania Fire Service.
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