Fire Protection and Arson Investigation Module 7 gmillamina

Fire and Arson Investigation

In the Philippines, the Bureau of fire Protection is the main government agency responsible for the
prevention and suppression of all destructive fires on buildings, houses and other structures, forest, land
transportation vehicles and equipment, ships or vessels docked at piers or major seaports, petroleum
industry installation, plane crashes and other similar incidents, as well as the enforcement of the Fire Code
and other related laws. It has the major power to investigate all causes of fires and, necessary, file the
proper complaints with the proper authority that has jurisdiction over the case (R.A. no. 6975, sec. 54).

This module presents the laws on arson which serve as bases in arson investigation and the
prosecution of suspected arsonists. Likewise, it discusses the importance of testimonial and circumstantial
evidence in arson investigation. This module is divided into laws on arson, testimonial evidence in arson,
role of circumstantial evidence in arson investigation.

At the end of this module, the student should be able to:

1. Determine the process of identifying the origin of fire, cause, and liability.
2. Recall the provisions of the RPC on Arson and Crimes Involving Destruction as amended by PD 1613 and
PD 1744.
3. Demonstrate the conduct of arson investigation including processing in every stage, and the
recognition, collection, and preservation of possible arson evidence.
4. Determine the process of interviewing and interrogation of suspects, witnesses, occupants, and others.
5. Discuss the proper documentation and laboratory evaluation of arson evidence

7.1. Determination of the Origin of Fire, Cause, Liability

Why Fires should be investigated?
The very reason why fires should be investigated is to determine the cause of the fire to prevent
similar occurrences. The determination of the origin and cause of the fire is arrived at only after a thorough
investigation. Since basic investigation is prelude to the discovery of the true cause of the fire, an
understanding of the chemistry of fire and its attendant behavior should be a concern for successful
investigation.

Who is qualified to investigate fires?

A fire investigator should have the following traits:
1. Possession of knowledge of investigational techniques.
2. He should have an insight into human behavior.
3. He should have a firsthand knowledge of the chemistry of fire and its behavior.
4. He should be resourceful.

Is Fire Investigation Complex and Unique?

Fire investigation is complex and unique because of the following reasons:
1. Fire destroys evidence.
2. If it is Arson, it is planned, motivated, and committed is discreet.
3. Rarely can there be an eyewitness in Arson.

What are the roles of the Firemen in Fire Investigation?

Firemen are usually at the crime scene ahead of the fire investigators. Hence, they are valuable
sources of information. They are the so-called “Eyes and Ears” of the police before, during and after the
fire has been placed under control. The information taken from them may be categorize as:
1. Information attainable or developed prior to the arrival at the scene.
2. Information available to the firemen at the scene
3. Information available during overhaul and thereafter.

WHAT IS ARSON?
 It is the malicious destruction of property by fire.
 It consists of willful and malicious burning of all kinds of buildings and structures including personal
property.

What is the basis of criminal liability in arson?

1. Kind and character of the building burned
2. Location of the building
3. Extent or value of the damage
4. Whether inhabited or not.

A. DETERMINING FIRE ORIGIN

POLICY: The Fire Bureau shall have the power to investigate all causes of fires and, if necessary, file the
proper complaints with the city or provincial prosecutor who has jurisdiction over the case. (Section 54, RA
6975)

Purpose: Identify the Origin of Fire

BASIC CONCEPTS, PRINCIPLES AND GUIDEPOSTS: The origin of a fire is one of the most important
hypotheses that the investigator needs to develop and test during the investigation. Generally, if the origin
cannot be determined, the cause cannot be determined and if the correct origin is not identified, the
subsequent cause determination will also be incorrect.
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In the event that hazardous materials/suspected illegal or regulated chemicals and/or contraband are
found in the fire scene, immediately report to proper office/authority concerned (e.g. HAZMAT, PDEA).
Make an inventory of the confiscated item.
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SCOPE: Fire Arson Investigation Team

COMPOSITION OF INVESTIGATION TEAM AND THEIR DESIGNATED RESPONSIBIITIES:

Team Leader – assumes overall control of the fire scene.
Lead Fire Arson Investigator – coordinates with the Team Leader regarding appropriate investigation
approach. Fire Scene Photographer – photographs the fire scene prior entry of the investigation team
and during walk-through. Fire Scene Sketch Preparer – diagrams and illustrates the immediate area of
the fire scene.
Evidence Recovery Personnel and Custodian – conducts actual exhaustive search of probable pieces of
evidence with the direct guidance of the Team Leader and Lead FAI at the fire scene.
Team Security Personnel – ensures the overall security/safety of the investigating team.

DEFINITIONS:
Incident Command Post (ICP) – the designated area for planning and communication point for members
of the Fire Arson Investigation.
Fire Spread – the movement of fire from one place to another.
Fire Pattern - the visible or measurable physical changes, or identifiable shapes, formed by a fire effect or
group of fire effects.
Point of Fire Origin / Base of Fire – exact physical location where a heat source and a fuel came in contact
with each other and where the fire begins.
Methodical Examination – the systematic approach in all relevant details found at the fire scene during
the actual conduct of investigation.
Scientific Method – the analytical process necessary in a successful conduct of investigation.
Evidence Spoliation – loss, destruction or material alteration of an object or document which can be used in
a legal proceeding by a person who has the responsibility for its preservation.

GENERAL PROCEDURES:
PRE / BEFORE: FIRST RESPONDER PERFORMS INITIAL ACTIONS
1. Fire Arson Investigator (FAI) receives assignment from the unit commander.
2. Fire Arson Investigation Team responds immediately and proceeds to the fire scene.
2.1Size up / assess fire scene.
2.2Cordon and secure the fire scene to prevent entry of any unauthorized person.
2.3Conduct initial interview to available witnesses within the immediate vicinity of the fire scene.
3. Fire Scene Photographer documents the fire scene using camera / video.
4. FAI preserves and protects the evidential value of the identified focal point of fire (evidence
spoliation) and prepares inventory of the items.
5. FAI prepares the Fire Investigation Response Form (FIRP).
6. Team Leader / Lead Fire Arson Investigator reports to superior or higher investigating unit officer
about the incident, and if necessary, turn over the conduct of investigation according to the Level of
Authority.

ACTUAL / DURING: CONDUCT ON-SCENE / ON-SITE INVESTIGATION

7. Team Leader / Lead Fire Arson Investigator establishes Incident Command Post (ICP).
8. Fire Arson Investigation Team performs preliminary survey by conducting walkthrough to have an
initial assessment of the fire scene.
9. FAI establishes the pre-ire condition of the fire scene by theoretically reconstructing the burned structure.
10.FAI determines the external and internal degree of damages caused by the fire.
11.FAI conducts thorough analysis of the Fire Spread Patterns to identify the Point of Fire Origin.
12.Fire Scene Photographer documents the fire area by the use of any verifiable means or source of
recording.
13.Fire Scene Sketch Preparer diagrams or sketches the immediate area of the fire scene.

POST / AFTER: SUBMIT MANDATORY REPORT

14.Fire Arson Investigation Team submits Spot Investigation Report (SIR) within 24 hours to MFM/CFM
copy furnished DFM, PFM, RD, Chief, BFP thru IID, BFP-NHQ.

EFFECTIVENESS CRITERIA:
Point of origin properly identified.
Fatality / Casualty (if any) duly
accounted. Fire scene properly secured
and preserved.
Spot Investigation Report (SIR) submitted within the reglementary period.

B. DETERMINING FIRE CAUSE:

Purpose: Accurately determine the cause of fire that will form part of the basis of fire prevention activities
and filing of appropriate action in court.

BASIC CONCEPTS, PRINCIPLES AND GUIDEPOSTS:

The determination of the cause of the fire requires the identification of materials, circumstances and
factors that were necessary for the fire to have occurred. Likewise, the determination of the cause of fire
will expose whether or not a certain person or entity must be held legally accountable for the occurrence
of the fire.

Fire Arson Investigator (FAI) handling the case may require other documents necessary in the conduct of
the investigation. And should also consider and delve into other possible sources of information. (Local
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neighborhood inquiry, available public records, concerned insurance company/ies and other reliable
sources).

Fire Arson Investigator (FAI) must follow the instructions pertaining to evidence collection and handling of
evidence as provided for in MEMORANDUM CIRCULAR NO. 2010-LAB-01: Guidelines
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in the Collection, Labeling, Preservation, Chain of Custody and Submission of Physical Evidence to BFP
Laboratory.

SCOPE: Fire Arson Investigation Team / Chief, Arson

RESPONSIBILITIES:
Team Leader – assumes overall control of the fire scene.
Lead Fire Arson Investigator – coordinates with the Team Leader regarding appropriate investigation
approach. Fire Scene Photographer – photographs the fire scene prior entry of the investigation team
and during walk-through. Fire Scene Sketch Preparer – diagrams and illustrates the immediate area of
the fire scene.
Evidence Recovery Personnel and Custodian – conducts actual exhaustive search of probable pieces of
evidence with the direct guidance of the Team Leader and Lead FAI at the fire scene.
Team Security Personnel – ensures the overall security/safety of the investigating team.
Arson Laboratory Section (ALS) – BFP team that subjects/tests the pieces of evidence for laboratory
examination.

DEFINITIONS:
Area of Fire Origin – the room or area where the fire began.
Inductive Reasoning – the process by which a person starts from a particular experience and proceeds to
generalizations. The process by which hypothesis are developed based upon observable or knows facts
and the training, experience, knowledge, and expertise of the observer.

GENERAL PROCEDURES:
PRE / BEFORE: FIRE SCENE DOCUMENTATION
1. Fire Scene Sketch Preparer and Fire Scene Photographer ensures the availability of all tools and
equipment they need for the investigation.
2. Fire Scene Sketch Preparer prepares a detailed illustration of the interior and exterior portion of the fire
scene, illustration of the Area of Fire Origin and the Point of Fire Origin, Fire Spread Pattern, affected and
unaffected areas at the fire scene.
3. Fire Scene Photographer photographs the fire scene in wide and close-up angles for detailed
and sequential presentation.

SUBMISSION OF PERTINENT DOCUMENTS FOR INVESTIGATION

4. Fire Arson Investigator (FAI) prepares the LIST OF DOCUMENTS needed to be accomplished /
submitted by the fire victim/s, building occupant/s and other parties affected by the fire. The required
documents are listed in Form FAI-02: Required Documents for Investigation. Documents to be obtained
from the fire victim vary based on the TYPE OF OCCUPANCY or the INVOLVED STRUCTURE gutted by fire.
5. FAI prepares and submits the mandatory reports within the reglementary period of submission.

ACTUAL / DURING: CONDUCT ON-SCENE / ON-SITE INVESTIGATION

6. FAI prepares the apparatus to be used for the collection of evidences.
7. FAI identifies and collects physical evidences found at the fire scene that have Evidentiary Value in the
conduct of fire investigation.
8. Evidence Recovery Personnel and Custodian coordinates with Fire Scene Sketch Preparer for the
illustrations of the position and location of all pieces of evidence collected.
9. Fire Arson Investigator photographs the pieces of evidences to be collected before lifting and should be
in the presence of a witness independent from the Fire Arson Investigation Team.
10.FAI properly documents, packs, seals and labels the pieces of evidence recovered prior to
transportation and submission to Arson Laboratory Section BFP-NHQ, within 72 hours upon lifting
from the ire scene, for laboratory examination.
11.FAI fully records/documents, collect, and itemize in detailed format all the recovered pieces of
evidence using the Evidence Collection and Recovery Record (ECRR).
12.FAI attaches the copy of the Evidence Collection and Recovery Record (ECRR) to the Evidence
Chain of Custody (ECC) form.

INTERVIEW AND QUESTIONING OF WITNESSES

13.FAI issues Invitation Letter to all witnesses to appear before the Office of the Investigation and
Intelligence concerned for a formal interview.
14.FAI requires the witness to execute and sign his/her Sworn Statement under oath and have the same
duly subscribed and sworn to before a person legally authorized to administer oath (Notary Public,
Prosecutor, Clerk of Courts and Judges) or at least a member of the BFP investigation team with the rank
of Fire Inspector.
15.FAI conducts interview and questioning to other experts / professionals who can provide relevant
information about the occurrence of the fire.

CONDUCT FIRE CAUSE DETERMINATION PROCEDURE

16.FAI collects data by observation or other direct data gathering means.
17.FAI analyzes collected data based on acquired knowledge through training, experience, and expertise.
18.FAI develops hypothesis from collected data using inductive reasoning.
19.FAI tests the hypothesis if it can stand the test of careful and serious challenge.
20.FAI selects final hypothesis.

POST / AFTER: SUBMIT MANDATORY REPORT

21.Fire Arson Investigation Team submits Progress Investigation Report (PIR) within 7 days from the
inception of the investigation to MFM / CFM copy furnished DFM, PFM, RD, Chief, BFP thru IID, BFP-
NHQ.
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22.Fire Arson Investigation Team submits Final Investigation Report (FIR) within 45 days from the
inception of the investigation to MFM / CFM copy furnished DFM, PFM, RD, Chief, BFP thru IID, BFP-
NHQ.

EFFECTIVENESS CRITERIA:
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Proper documentation of fire scene investigation by means of sketch and
photographs. Information relevant in the determination of the cause of fire obtained.

C. DETERMINING RESPONSIBILITY AND LIABILITY

PURPOSE:
Determine the responsibility and liability of any person involved in a particular fire
incident. Determine which BFP investigation unit has jurisdiction to conduct
investigation.

BASIC CONCEPTS, PRINCIPLES AND GUIDEPOSTS:

The notion of any particular fire investigation is to come up with a correct conclusion about what transpired
on a particular fire incident that resulted to the death and injury of a person, damage to property and other
unwanted aftermath of the fire.

Prior to the actual detention of an arrested Arson suspect, he/ she shall first be subjected to medical
examination, preferably in a government hospital or other accredited medical facility. The same procedure
shall be observed prior to the actual turnover of the arrested suspect to the custody of the BJMP or the PNP,
as the case may be.

Standard Guide in Computing Fire Damages Initial Assessment of Fire Damages:

Construction Occupancy Description Amount per Square
Class Meter (PhP/m2)
Class: High Rise and Low Rise Condominiums, Apartment Buildings PhP 80,000.00
and Hotels in highly urbanized towns and cities
A+
(Luxurious Shopping Malls, Grocery (Mercantile) Stores and PhP 80,000.00
and Classy Commercial Establishments in highly urbanized
in towns and cities
exclusive PhP 80,000.00
locations) Residential Houses in posh exclusive
PhP 35,000.00
subdivisions Town Houses
Class: A Regular Condominiums, Hotels, Apartment Buildings, PhP 40,000.00
Lodging Houses and
Dormitories
PhP 35,000.00
Warehouse Structure for Storage and Industrial Occupancies,
made of industrial iron beams and trusses
PhP 50,000.00
Shopping Malls and Shopping Center in provinces
Class: B Regular Residential Houses, concrete and fully finished PhP 15,000.00
Class: C Low Cost Row Houses, Low Rise Tenements (Public PhP 12,000.00
Housing)
PhP 12,000.00
Public Markets and Public Schools
Class: D Old Wooden Houses andWooden Storerooms, PhP 1,500.00
Makeshift Houses (Informal Settlers) usually made of easily PhP 250.00
combustible materials

Native Houses (Nipa Hut) usually made of Bamboo and Straw PhP 350.00

Level of Authority to Conduct Investigation

1. Municipal Investigation and Intelligence Unit (MIIU) shall have the authority to conduct investigation
on fire incident cases with an incurred damage in the aggregate amount of not exceeding Twenty
Million Pesos (PhP 20,000,000.00).
2. City Investigation and Intelligence Section (CIIS) shall have the authority to investigate ire
incident cases with an incurred damages in the aggregate amount of not exceeding Thirty Million
Pesos (PhP 30,000,000.00).
3. Provincial/District Investigation and Intelligence Branch (PIIB/DIIB) shall have the authority to conduct
investigation on fire incident cases with an incurred damage in the aggregate amount of above Thirty
Million Pesos (Php 30,000,000.00) but not exceeding Forty Million Pesos (PhP 40,000,000.00).
4. Regional Investigation and Intelligence Branch (RIIB) shall have the authority to conduct investigation
on fire incident cases with an incurred damage in the aggregate amount of above Forty Million Pesos
(Php 40,000,000.00) but not exceeding Sixty Million Pesos (PhP 60,000,000.00).
5. Investigation and Intelligence Divsion of BFP National Headquarters shall have the authority to
investigate fire incident cases with incurred damages in the aggregate amount of Sixty Million Pesos (PhP
60,000,000.00) and above.

Special Provisions on Fire Arson Investigation

a. Marine Transportation: In case of occurrence of fire involving a ship or vessel docked at sea
ports/wharves, the BFP investigation unit who has jurisdiction over such sea port or wharf shall proceed
to investigate the fire incident in coordination with the Maritime Industry Authority (MARINA) or the
Maritime Police.
b. Air Transportation: In case of occurrence of fire involving an aircraft on the ground, the BFP
investigation unit who has jurisdiction over the area where the fire incident involving an aircraft occurred
shall proceed to investigate the said fire incident in coordination with Civil Aviation Authority of the
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Philippines (CAAP) or the Airport Police.
c. Forest Fires: In case of occurrence of a forest fire, the BFP investigation unit who has jurisdiction over
the area where the forest fire occurred, shall proceed to investigate the said ire incident in coordination
with the Department of Environment and Natural Resources (DENR), the Philippine National Police (PNP)
and such other government agency/ entity who may have interest in the said fire incident.
d. Gas Leaks and Explosions: In case of occurrence of fire caused by gas leak or explosion, the BFP
investigation unit who has jurisdiction over the area where the gas leaks or explosion occurred shall
proceed to investigate the matter in coordination with Philippine National Police (PNP), National Bureau of
Investigation (NBI), or any investigation unit of the Armed Forces of the Philippines (AFP).
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e. Fire Incidents within Economic Zones: In case of occurrence of fire within an area under the Philippine
Economic Zone Authority (PEZA), the BFP Investigation unit who has jurisdiction over the area where the
economic zone is located shall proceed to investigate in coordination with the Zone Manager.
f. Investigating Fire incidents with Casualties: Investigation of this nature involves the visual
examination of the body/ cadaver; determination of identity and other personal circumstances; proper
documentation (in situ – sketch and photographs) and lifting of the cadaver with the assistance of the
Philippine National Police – Scene of the Crime Operatives (PNP-SOCO) in order to determine whether
the crime committed is plain Arson or that Arson has been committed to conceal the commission of
other crimes, such as murder or homicide.

SCOPE: Fire Arson Investigation Team / Chief, Arson, Chief, BFP

RESPONSIBILITIES:
Team Leader – assumes overall control of the fire scene
Lead Fire Arson Investigator – coordinates with the Team Leader regarding appropriate investigation
approach. Fire Scene Photographer – photographs the fire scene prior entry of the investigation team
and during walk-through. Fire Scene Sketch Preparer – diagrams and illustrates the immediate area of
the fire scene. Evidence Recovery
Personnel and Custodian – conducts actual exhaustive search of probable pieces of evidence with the
direct guidance of the Team Leader and Lead FAI at the fire scene.
Team Security Personnel – ensures the overall security/safety of the investigating team.

DEFINITIONS:
Custodial Investigation – involves any questioning by law enforcement people after a person is taken into
custody or deprived of his freedom in any significant manner (refer to RA 7438).
High profile cases – cases considered to invite too much public attention in view of the magnitude of its
casualties and fatalities and unconscionable amount of insurance coverage, or that public clamor calls for
such reinvestigation.

GENERAL PROCEDURES:
PRE / BEFORE
1. Chief, Investigation and Intelligence Section thru the Fire Arson Investigator (FAI) determines the total
amount of damages of the fire incident (refer to Standard Guide in Computing Fire Damages Initial
Assessment of Fire Damages).
2. Chief, Investigation and Intelligence Section, thru the FAI, determines level of authority to conduct
the investigation (refer to Level of Authority to Conduct Investigation under standard guide).

ACTUAL / DURING: DETERMINING LEGAL RESPONSIBILITY

3. Fire Arson Investigation Team collects and processes all the pieces of evidence within the fire scene.
4. Fire Arson Investigator (FAI) prepares the inventory of evidence collected and submits it to Arson
Laboratory Section within 72 hours upon lifting from the ire scene.
5. FAI discusses preliminary scene findings with the team.
6. FAI discusses post scene issues including forensic testing, insurance inquiries, interview results and
criminal histories.
7. FAI proceeds to address legal considerations.
8. FAI ensures that all scene documentation has been completed.
9. FAI appropriately addresses the structural, environmental, health and safety issues.
10.FAI completes the investigation process. Should the fire incident being investigated is highly
suspected to be intentional in nature, issuance of Property Recovery and Clearing Permit (PRCP)
must be temporarily withheld until proven otherwise.
10.1.If the fire incident is found to be intentional in nature, a criminal complaint must be filed in
the prosecutor’s office and the issuance of the appropriate authority pertaining to clearing, cleaning
and/or demolition of the burned premises shall depend on the discretion of the prosecutor
investigating the case.
10.2.If the investigation of the fire incident was completed and found out to be accidental in nature,
the Fire Arson Investigator shall issue the ‘Release of Fire Scene’ to the Property/Building Owner.
11.Fire Arson Investigation Team removes all the investigative equipment and materials in the fire scene.
12.In cases where the FAI makes an arrest, from the start of the custodial investigation, he informs the
person arrested of his rights in accordance with Section 12, Para 1 of the 1987 Constitution. The person
arrested is entitled to the following rights:
12.1.The right to remain silent.
12.2.The right to have a competent and independent counsel preferably of his own choice and if he
cannot afford the services of a counsel, he must be provided with one.
13.FAI informs the person arrested that these rights cannot be waived except in writing and in the
presence of a counsel. (Counsel of the Suspect reads and clearly explains the sworn statement to the
person arrested, detained or under custodial investigation in the language or dialect known to him.)
14.Fire Arson Investigation Team subjects the arrested Arson suspect, prior to actual detention, to
medical examination, preferably in a government hospital or other accredited medical facility.
15.FAI subjects the suspect for Inquest Proceedings before the Office of the Prosecutor within thirty six
(36) hours after the arrest, or in case of municipalities where no government prosecutor is assigned, the
FAI subjects the suspect for inquest at the office of the Provincial Prosecutor’s Office.
16.FAI continuously monitors the case up to its final resolution.

POST / AFTER: ATTENDING TO COURT DUTY

(FAI must always be ready with his credentials for the perusal of the court)
17.FAI dutifully attends and gives preferential attention to Subpoena or Order from the courts.
18.FAI immediately notifies the court in writing if he cannot attend a particular court hearing due to conflict
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of schedule.
19.FAI / BFP Officer / Personnel who will attend to a Court Duty must wear complete General Office Attire
(GOA).
20.FAI / BFP Officer / Personnel is only required to bring original or authenticated photocopy of the
investigation reports and other case records if so directed by the court.
21.As proof of attendance to court duty, FAI / BFP Officer / Personnel secures Certificate of Appearance
from the Clerk of Court.
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REINVESTIGATION (WHEN NECESSARY)

22.In any event that a fire case is requested to be reopened/ reinvestigated, the FAI who conducted
the investigation turns over the complete case folder within five (5) working days to the Office of the
Chief, BFP upon notice from the Investigation and Intelligence Division, BFP-NHQ of such request,
subject to the following conditions:
22.1.New evidence has been discovered that would warrant the reinvestigation of the fire case.
22.2.New witness/es appeared and attested to the veracity of significant facts pertaining to the fire incident.
22.3.High profile cases.
22.4.A formal request for reinvestigation should be filed at the Office of the Chief BFP, thru the Office of
the Investigation and Intelligence Division, BFP-NHQ by the party requesting for such reinvestigation,
stating therein the grounds/justification relied upon by the party who filed such request.
22.5.Upon the approval by the Chief, BFP of the request for reinvestigation, the investigation unit
directed by the Chief, BFP to conduct the reinvestigation immediately assumes jurisdiction over the fire
case.
22.6.The Higher Investigation Office tasked by the Chief, BFP to conduct reinvestigation shall
temporarily invalidate all the issued clearances / certificates by the lower BFP investigation until the
final result of the reinvestigation.
22.7.The Higher Investigation Office tasked by the Chief, BFP to conduct reinvestigation shall strictly
observe that the conduct of reinvestigation shall not exceed thirty (30) working days from the date the
case was approved for reinvestigation.
22.8.The Higher Investigation Office tasked by the Chief, BFP to conduct reinvestigation shall
immediately report to the Chief, BFP the result of such reinvestigation immediately upon the completion
thereof.

EFFECTIVENESS CRITERIA:
Identification of the person liable for the fire incident.
Filing of appropriate legal action against the person liable for the fire
incident. Conviction of the person accused of the crime of Arson.

7.2. Provisions on the RPC on Arson and Crimes Involving Destruction as amended by PD 1613 and PD
1744. Legal Aspects of Fire
Presidential Decree No. 1613 – Amending the Laws on Arson
Section 1. Arson – Any person who burns or sets fire to the property of another shall be punished by
Prison Mayor (Reyes, 1999).

The same penalty shall be imposed when a person sets fire to his own property under circumstances
which expose danger to the life or property of another.

Sec. 2. Destructive Arson – The penalty of Reclusion Temporal in its maximum period to Reclusion
Perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or combustible
materials are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or
social services.
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property.
5. Any building where evidence is kept for use in any legislative, judicial, administrative or other
official proceeding.
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or
private market, theater or movie house or any similar place or building.
7. Any building, whether used as a dwelling or not, situated in a populated or congested area.

Sec. 3. Other Cases of Arson – The penalty of Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pasture land, growing crop, grain field, orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.

Sec. 4. Special Aggravating Circumstances in Arson – The penalty in any case of arson shall be
imposed in its maximum period:

1. If committed with intent to gain;

2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned;
4. If committed by a syndicate.

The offense is committed by a syndicate if it is planned or carried out by a group of three (3) or more
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persons.

Sec. 5. Where Death Results From Arson – If by reason of or on the occasion of arson death results, the
penalty of Reclusion Perpetua to Death shall be imposed.

Sec. 6. Prima Facie Evidence of Arson – Any of the following circumstances shall constitute prima-facie
evidence of arson:
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1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building not
necessary in the business of the offender or for household use.
3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials
soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the
ruins or premises of the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time of the
issuance of the policy.
5. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred
in the same or other premises owned or under the control of the offender and/or insured.
6. If shortly before the fire, a substantial portion of the effects insured and stored in a building or
property had been withdrawn from the premises except in the ordinary course of business.
7. If a demand for money or other valuable consideration was made were the fire in exchange for
the desistance of the offender or for the safety of the person or property of the victim.

Section 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by Prision Mayor in its
minimum period.

Section 8. Confiscation of Object of Arson. The building which is the object of arson including the land on which
it is situated shall be confiscated and escheated to the State, unless the owner thereof can prove that he
has no participation in nor knowledge of such arson despite the exercise of due diligence on his part.

Section 9. Repealing Clause. The provisions of Articles 320 to 326-B of the Revised Penal Code and all laws,
executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Decree are
hereby repealed or amended accordingly.

PRESIDENTIAL DECREE No. 1744 : AMENDING ARTICLE THREE HUNDRED AND TWENTY OF THE REVISED
PENAL CODE PROVISIONS ON ARSON

Section 1. Article 320 of the Revised Penal Code shall read as follows:

"Article 320 Destructive Arson. The penalty of reclusion temporal in its maximum period to death shall be
imposed upon any person who shall burn:

1. One (1) or more buildings or edifices, consequent to one single act of burning, or as result of
simultaneous burnings, or committed on several or different occasions;

2. Any building of public or private ownership, devoted to the use of the public in general, or where
people usually gather or congregated for a definite purpose such as but not limited to official
governmental function or business, private transaction, commerce, trade, worship, meetings and
conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient
dwellings, public conveyance or stops or terminals, regardless of whether the offender had knowledge that
there are persons in said building or edifice at the time it is set on fire, and regardless also of whether the
building is actually inhabited or not.

3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or

convenience, or public use, entertainment or leisure.

4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted
to the service of public utilities.

5. Any building, the burning of which is for the purpose of concealing or destroying evidence of
another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect
from insurance.

Irrespective of the application of the above enumerated qualifying circumstances, the penalty of
death shall likewise be imposed when the arson is perpetrated or committed by two (2) or more persons or
by a group of persons, regardless of whether their purpose is merely to burn or destroy the building or the
edifice, or the burning merely constitutes an overt act in the commission or another violation of law.

The penalty of reclusion temporal in its maximum period to death shall also be imposed upon any person
who shall burn:

(a) Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance storehouse,
archives or general museum of the government.

(b)In an inhabited place, any storehouse or factory of inflammable or explosive materials.

If as a consequence of the commission of any of the acts penalized under this Article, death or
Fire Protection and Arson Investigation Module 7 gmillamina
injury results, or any valuable documents, equipment, machineries, apparatus, or other valuable properties
were burned or destroyed, the mandatory penalty of death shall be imposed."
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Section 2. Provisions of Articles 320, 321 and 322 of the Revised Penal Code which are or may be
inconsistent herewith are hereby repealed.

What are other forms of arson?

Other forms of arson refer to those enumerated under Article 321 of the Revised Penal Code, as
amended like the following:
1. Setting fires to any building, farmhouse, warehouse, hut, shelter, or vessel in port, knowing it to
be occupied at the time by one or more person.
2. Building burned is a public building and value of damage exceeds six thousands pesos
(P6000.00).
3. Building burned is a public building and purpose is to destroy evidence kept therein to be used
in instituting prosecution for punishment of violators of law, irrespective of the amount of
damage.
4. Building burned is a public building and purpose is to destroy evidence kept therein to be used
in legislative, judicial or administrative proceeding, irrespective of the damage, if the evidence
is to be used against defendant of any crime punishable under existing law.

Arson of Property of Small Value (Art. 323, RPC)

Burning of any uninhabited hut, storehouse, barn, shed, or any other property, under
circumstances clearly excluding all danger of the fire spreading, value of the property not exceed 25.00
pesos.

Crimes Involving Destruction (Art 324, RPC)

The offender causes destruction by any of the following means:
1. explosion
2. discharge of electric current
3. inundation, sinking or stranding of a vessel
4. taking up the rails from a railway track
5. malicious changing of railway signals for the safety of moving trains
6. destroying telegraph wires and telegraph post or those any other communication system
7. by using any other agency or means of destruction as effective as the above

Burning one’s own property as a means to commit arson (Read Case of U.S vs. Budiao, 4 Phil. 502)
RPC) (Article 325,

Article 326, RPC – Setting Fire to Property Exclusively Owned By the

Offender This act is punished if the purpose of the offender is to:
1. Defraud or cause damage to another or
2. damaged is actually caused upon another’s property even if such purpose is absent or
3. thing burned is a building in an inhabited place.

7.3. Evidence needed to establish an arson case

Arson is the intentional or malicious destruction of property by fire.

It is the concern of fire investigation to prove malicious intent of the offender. Intent must be
proved, otherwise, no crime exists. The law presumes that a fire is accidental, hence criminal designs must
be shown. Fire caused by accident or criminal design must be shown. Fire caused by accident or
negligence does not constitute arson.

What Constitutes Arson?

1. Burning – to constitute burning, pyrolysis must takes place. In other words, there must be burning or
changing, i.e. the fibber of the wood must be destroyed, its identity changed.
2. Willfulness – means intentional, and implies that the act was done purposely and intentionally.
3. Malice – it denotes hatred or a desire for revenge.
4. Motive – is the moving cause that induces the commission of the crime.
5. Intent – is the purpose or design with which the act is done and involves the will.

Methods of Proof in Arson

Physical evidences in arson are often destroyed. To prove arson was committed, Corpus Delicti must be
shown and identify of the arsonist must be established. Corpus Delicti (body of the crime) is the fact of
that crime was committed. The following must show it:
1. Burning – that there was fire that may be shown by direct testimony of complaint, firemen
responding to the crime, other eyewitnesses. Burned parts of the building may also indicate location.
2. Criminal Design – must show that it was wilfully and intentionally done. The presence of
incendiary devices, flammables such as gasoline and kerosene may indicate that the fire is not
accidental.
3. Evidence of Intent – When valuables were removed from the building before the fire, ill-feeling
between the accused and the occupants of the building burned, absence of effort to put off fire and
such other indications.
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BASIC LINES OF INQUIRY

1. Origin of the fire

2. Motive
3. ID of prime suspect
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4. ID of the fire setter

Fires are set by:

1. Persons with motive
a. those with desire to defraud the insurer
b. employee or such other person who have a grievance
c. those who want to conceal evidence or other crimes
d. those who set fire for purpose of intimidation
2. Person without motive
a. mental cases
b. pyromaniac

In determining the motive, an investigator concentrates on three major factors:

a. Point of origin of the fire

b. Modus operandi of the fire setter
c. Identity of persons who might benefit from the fire.

DEVELOPMENT OF PRIME SUSPECT

The following technique may serve the investigations:
1. Search of the fire scene for physical evidence
2. Background studies of policy holders, occupants of premises, owner of building, or other persons
having major interest in the fire.
3. Interview and interrogation of the person who discovered the fire, and the one who turned the first
alarm, firemen, eyewitnesses.
4. Surveillance

ID OF FIRE SETTER
This ID results from the full development of leads, clues and traces, the testimony of persons,
particularly eyewitnesses and the development of expert testimony.

PROBLEMS ENCOUNTERED IN ARSON INVESTIGATION

1. ID of Victims
a. Means to Identify the victim
1. Least Reliable – ex. Familiarity (direct examination)
2. Fairly reliable – ex. Personal effects, false dentures/ (Bolitas – joke-joke-joke)
3. Reliable method
a. fingerprint
b. Odontology
c. DNA

b. ID of the Cause of Death

 presence of CO in the blood
 absence of CO in the blood
 no burns on the skin

c. ID of the Manner of Death

 Murder
 Homicide
 Suicide
 Accidental

METHODS EMPLOYED BY ARSONISTS

1. Introduction of Incendiary Materials such as:

a. Liquids in the form of gasoline, either which may not require open flame for ignition, alcohol,
turpentine, diesel, gas, etc.
b. Certain gases when mixed with air possess excellent ignition property and when present in
enclosed area can lead to an explosion, such as acetylene, carbon monoxide, natural gas,
ethylene, hydrogen and propane.
c. Solids – ex. Chlorates, chromates, nitrates.

2. Use of “Plants” and other contrivances

Plants – are devices which are designed to ignite combustible materials sometimes after the
initiating actions. The arsonist therefore will have the opportunity to escape from the premises.
These are:
a. Heating appliances – like flat iron placed in contact with combustible materials and
abandoned until fire starts
b. Mechanical devices
i. Clock mechanism which can be arranged so than movements starts the fire.
ii. Altered equipment such as broken pipes on oil burner or sprinkler systems in which
combustible fluid has been placed.
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What are basic lines of inquiry in Arson Investigation?
The arson investigator must have to inquire on the following a) point of origin of fire b) motives of
arsonist c) prime suspects d) the telltale signs of arson.
1. Point of origin of fire
Initially, the important point to be established is the point of origin of fire. In other words, at what
particular place in the building the fire started? This may be established by an examination of the witness,
by an inspection of the debris at the fire scene and by studying the fingerprint of fire. The fingerprint of fire
occurs during the free burning stage of the fire when pyrolytic decomposition moves upward on the walls
leaving a bunt pattern.
Witnesses must be questioned as to:
1. His identity
2. What attracted his attention
3. Time of observation
4. His position in relation to the fire at the time of observation
5. Exact location of the blaze
6. Size and intensity
7. Rapidity of spread
8. Color of flame and odor if he is in a position this
9. Any other person in the vicinity beside the witness

Note fire setting mechanism

1. matches
2. candles
3. electrical system
4. mechanical means
5. chemical methods

2. Motive of Arsonist

To understand the motives of arsonist, the arson investigator have to note the following that fires are
set by:
Persons with Motives
a. Those with desire to defraud the Insurer
b. Employees or such other person who have a grievance (Fire revenge)
c. Those with desire to conceal evidence of a crime
d. Those who set fire for purposes of intimidation

People without motives

a. Those who are mentally ill
b. Pathological fire-setters
c. Pyros and the Psychos

Motives of Arsonist:
1. Economic Gain
a. Insurance fraud – benefiting
b. Desire to dispose merchandise – lost of market value being out of season, lack of raw
materials, over supply of merchandise can be a big reason for arson.
c. Existing business transaction that the arsonist would like to avoid such as impending
liquidation, settlement of estate, need for cash, prospective business failure, and
increase rentals
d. Profit by the Perpetrator other than the Assured like insurance agents wishing business with
the assured, business competitors planning to drive others, person seeking job as personnel
protection, salvagers and contractors wishing to contact another building

2. Concealment of Crime - When the purpose of hiding a crime or committing a crime, arson was
used as means.

3. Punitive Measure - Committing arson to inflict injury to another due to hatred, jealousy and
revenge.

4. Intimidation or Economic Disabling - Arsonist as saboteurs, strikers and racketeers to intimidate

management or employer.

5. Pyromania
A pyromaniac having the uncontrollable impulse to burn anything without any motivation.
They do not run away from the fire scene since they love watching fire burning.

Types of Pyromania
a. Abnormal Youth – epileptics, imbeciles and morons
b. Hero Type – a person set a building on fire and pretends to discover it, turn on the alarm or
make some rescue works to appear as “hero”
c. Drug addicts and alcoholics
d. Sexual deviates and perverts.
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3. Prime Suspects (and the Prima Facie Evidences)
The development of prime suspects - this involves identification results from the full development
of leads, clues and traces, the testimony particularly eyewitnesses and the development of expert
testimony, The following technique may serve the investigation:
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1. Search of the fire scene for physical evidence:
a.Protection of the scene
b.Mechanics of search
c. Collection and preservation of evidences
d.Laboratory aids

2. Background study of policyholders, occupants of premises, owner of building or other person

having major interest in the fire.
3. Interviews and interrogations of persons who discovered the fire, and the one who turned
the first alarm, firemen, and eyewitnesses.
4. Surveillance

4. The Tell-Tale Signs of Arson

These signs maybe obvious that the first fireman at the scene will suspects arson or they maybe so
well concealed that moths of patient investigation to show that it is set off will be required.
1. Burned Building – the type of the building may indicate a set fire under certain circumstance. A
fire of considerable size at the time the first apparatus arrive at the scene is suspicious if it is a
modern concrete or semi-concrete building.

2. Separate fires – when two or more separate fire breaks out within a building. The fire is certainly
suspicious.

3. Color of Smoke – some fire burn with little or no smoke but they are exception. The observation
of the smoke must be made at the start of the fire since once the fire has assumed a major
proportion, the value of the smoke is lost, because the smoke will not indicate the material used
by the arsonist
a.) When white smoke appears before the water from the fire hose comes in contact with
the fire, it indicates humid material burning. Example – burning hay, vegetable
materials, phosphorus (with garlic odor).

b.) Biting smoke, irritating the nose and throat and causing lacrymation and coughing
indicates presence of chlorine.

c.) Black smoke indicates lack of air if accompanied by large flames it indicates petroleum
products and rubber.

d.) Reddish-brown smoke indicates nitrocellulose, S1, H2, S04, HN03, or HCI.

e.) Meaning of color of Smoke and Fire:

 Black smoke with deep red flame – petroleum products, tar, rubber, plastics, etc.
 Heavy brown with bright red flame – nitrogen products
 White smoke with bright flame – magnesium products
 Black smoke with red and blue green flame – asphalt
 Purple-violet flame – potassium products
 Greenish-yellow flame – Chloride or Manganese products
 Bright reddish yellow flame – Calcium products

4. Color of flame – The color of the flame is a good indication of the intensity of the fire, an
important factor in determining incendiarism.
5. Amount of Heat – A reddish glow indicates heat of 5000 degrees centigrade, a real bright read
about 100 degrees centigrade. Red flames indicate of petroleum. Blue flame indicates use of
alcohol as accelerant.
6. Smoke Marks – An experience investigation will determine the volume of smoke involved at a fire
and the character as residue deposited on walls or elsewhere. Smoke in marks have often been of
assistance in determining the possibility of a fire having more than one place of origin.
7. Size of Fire – This is important when correlated with the type of alarm, the time received and the
time of arrival of the first fire apparatus. Fires make what might be termed a normal progress. Such
progress can be estimated after an examination of the material burned the building and the normal
ventilation offered of the fire. The time element and the degree of headway by the flames become
important factors to determine factors to determine possible incendiarism.
8. Direction of Travel – While it is admitted that no two fires burn in identical fashion, yet it can be
shown that fire makes normal progress through various types of building materials, combustibility
of contents, channel of ventilation and circumstances surrounding the sending of alarm, an
experienced investigator can determine whether a fire spread abnormally fast.
9. Intensity – The degree of heat given off by a fire and the color of its flame oftentimes indicate
that some accelerant has been added to the material normally present in a building and the
investigator must look for further evidence pointing to use of such accelerant. Difficulty in
extinguishing the fire is often a lead to suspect presence of such fluid as gasoline and kerosene.
10.Odor – The odor of gasoline, alcohol, kerosene and other inflammable liquids which are often
used as accelerant is characteristics and oftentimes arsonist are trapped because of this telltale
sign. Most of fire – setters are inclined to use substance which will make the blaze certain and at
the same time burn up any evidence of their crime.
11. Condition of Content – Persons tending to set their house on fire frequently remove objects of
value either materially or sentimentally. Store and other business establishments oftentimes
remove a major portion of their content or replace valuable merchandise without of style articles.
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THE FIRE ORIGIN

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One of the first things to look for is the origin of the fire. Usually, accidental fires have only one
origin; sometimes an arson fire will have several origins. That is, there will be two or more fires. Normally,
a fire burns outward laterally in all directions, the heat generated moves up, and fires seldom burns down.
Ventilation will also affects the burning pattern; but without unusual ventilation, fires burn equally in all
directions except down. It may be necessary to go to several spots and point back to the most damaged
areas; where the lines crosses probably will be the origin of the fire.

Explosions also feed in all directions; the heat effect is usually intense. The point of explosion is
usually easier to determine than the point of origin of other accelerants. Unless the investigator has ad
special training in this type investigation, it probably would be to his advantage to call in a specialist.

Alligator Pattern - The alligator pattern (checking of charred wood giving it the appearance of
alligator skin) caused by the fire often can be used to trace the fire to its origin. The pattern at the point of
origin is smaller and deeper than the rest of the areas. The pattern is also smaller and deeper at points
where flammable liquids were used.

Information from people - Many investigators have found that information from people help them
know what to look for the fire scene. The good investigator knows how to how to interview people to get
information that can help determine the origin of the fire, the cause of fire and even incendiary origin of
the fire. The owner, the family of the owner, person calling in the alarm, neighbors, witnesses, or any
person who might help in any way should be interviewed. If an investigator ever needed to be a skilled
interviewer, it is in arson investigation cases. Most people just do not like to talk about arson fire. In
general, they must be questioned as to the following.
a. His identity
b. His business in the arson of the fire.
c. What attracted his attention to it?
d. Time of observation and exact location of the blaze.
e. His position in relation to the fire at time of observation.
f. Size of intensity, rapidity of spread, and direct travel of flame.
g. Color of flame, and odor if he is in a position to observe these.
h. Other pertinent information.

METHODS OF ESTABLISHING ARSON

The usual methods involve examination of the fire scene. Although some of the most common
methods used are burn indicators, which are the effect on materials of heating or partial burning and may
be used to determine the point or points of origin of a fire. Fire accelerates the development of fire and to
increase the amount of devastation. If either multiple point of origin or traces of fire accelerants are found
arson is indicated.

Occasionally, detection of arson during a fire is done through a team of arson investigators in the
form of surveillance of the fire scene: suspicious behavior of spectators, an overzealous offer of assistance
by a spectator, or someone constantly driving over fire hoses are grounds for suspecting arson. Behavior
of owners, occupants, and other persons present as to their actions, excitements, dresses, and other
pertinent information are observed, which might be helpful later.

Observing people and vehicles as they approach and leave the scene. In a U.S. forest fire scenerio,
the detection of arson is aided by the practice of U.S. Forest Service firemen enroute to configurations to
take notice of the license numbers of vehicles departing from the scene, possible incendiary fire. In at least
one case, this procedure has led to the arrest of an arson suspect.

Gasoline was, by far, the most frequently found fire accelerant, possibly because it is readily
available. Its characteristic and familiar odor makes it easier to detect than most other flammable liquids.
To camouflaged the odor, incendiaries ordinarily used ammonia which has a pungent odor easily
recognized by firemen. Ammonia is also used to keep out firemen from the burning structure. Other
accelerants often used like kerosene, alcohol, firemen can easily distinguish rubber. Films have pungent
odors similar to camphor.

The size of fire, rapidity of spread and direction from the time of discovery to the arrival of the
firemen may indicate that certain flammable substance have been used to accelerate spread of fire.
Arsonist may also bore holes on walls and floors as a means for the fire to spread more rapidly.

Intensity of heat maybe an indication that flammable liquids or compounds could have been used
to spread the fire more rapidly. The firemen may experience sometimes that when a stream of water are
directed on such fire, instead of going out as might be ordinarily expected the fire will burn with added
intensity, and with a different color of flame such as red, blue, yellow or orange.

The color of the smoke, location, and size are all-valuables in determining the use of accelerant.
Although, some fires burns with little or no smoke, these are exceptions. The observation must be made at
the start of the fire, once the fire as assumed a major proportion; the value of the smoke is lost because
the smoke will not indicate the materials burning or used by the arsonist.

If white smoke appears before the water from the fire hose comes in contact with the fire, it
indicates humid materials burning, such as hay, vegetables, phosphorus (with garlic odor). Black smoke
indicates lack of air, but if accompanied by large flames it indicates petroleum and rubber.
Fire Protection and Arson Investigation Module 7 gmillamina
If biting smoke is encountered causing irritation of the nose and throat, lacrimation, and coughings,
presence of chlorine is indicated. Reddish-brown smoke might indicate nitrocellulose.
Fire Protection and Arson Investigation Module 7 gmillamina
Arson is often used to conceal another crime. Documents and records that found purposely exposed
during a fire should be given particular attention, including doors, windows, and ventilators that are open
and provide cross-drafts. Locked and obstructed entrances or passageways to impede the speedy transit
of firemen and equipment.

GATHERING, PRESERVING, AND ANALYZING EVIDENCE

The arsonist expects the fire to destroy all the evidence, and sometimes it does destroy most of it.
However, the investigator who digs hard enough many times comes up with evidence where seemingly
none exist. The cause of the fire should be investigated shortly after the fire is extinguished, otherwise,
very little can be done afterwards be-map-up and salvage operation. This is a crucial stage in the detection
and investigation of arson because cases rely on evidence that is recognized and preserved at this point.

Finding and Preserving Evidence

As in all other investigations, only one person should pick up, mark, and package all evidence, and
special care should be taken to maintain the chain of custody.

There are some special problems in arson investigation due to the types of accelerants that may
have been used. Accelerants used often are those of petroleum products such as gasoline, kerosene,
mineral spirits, or anything containing volatile flammable liquid. Hydrocarbons of these products may be
found under the debris of the fire, at or near the point of the origin. These fluids, when originally spread,
flow outward and downward, hence evidence of these may be found in cracks in the floor or in dirt under
the fire. Just because the fire damage is extensive or there is no odor present does not mean these types
of accelerants were not used.

The crime lab in most cases would be needed to prove which type of accelerant was used. Wood
flooring and rugs are the most common substrates, followed by furniture and upholstery. These materials
are where the crime lab separates accelerant residues. Sections of the floors, the debris or some dirt under
the fire must be stored in glass or metal containers and sealed, to be of value to the crime lab. Fumed
from the accelerants or hydrocarbons would escape from plastic or open containers.

The predominant type of container used to preserve physical evidence from arson. Scenes are the
unused metal paint can. These containers are vapor-tight and unbreakable. Plastic bags, while convenient
and inexpensive, are easily punctured, are chemically attacked by some types of evidence, and allow the
loss of some volatile evidence by diffusing through the bag.

Time Delay Devices

Delayed action is achieved in setting incendiary fires by the used of certain mechanical, electrical
or chemical devices. They usually involve matches, candles, electric heating elements, batteries and clock
mechanisms coupled with flammable liquids, or chemicals that will spontaneously ignite after a short
delay. If none of these devices are found, the evidence, which should be the various containers for them.
The arsonist uses this delayed type of devices to establish an alibi.

Condition of Doors, Windows, Furniture

In cases where a building has burned to the ground, the hardware of doors and window remain.
They will fall straight down, unless moved by the water stream of the firemen. This may tell whether a door
or windows was opened or closed.

Metal parts of furniture may tell whether furniture has been moved from the building before the
fire. Ashes may give the crime lab something to work with. For example, if extensive furniture has been
moved from the house prior to the fire and inexpensive furniture move in, the crime lab can tell from the
ashes. Evidence of fraud fires should be carefully examined. This is tremendous problem and should
remain uppermost in the mind of the investigator.

Burn Indicator
Burn indicators are the effects on materials of heating or partial burning, which are used to indicate
various aspects of fire such as flammable liquids, and points of origin. Interpretation of burn indicators is a
principal means of determining the cause of the fire. Although burn indicators are widely used to establish
the causes of fires, they have received little scientific testing. Some of the burn indicators used are the
following:
Alligatoring effect: checking of charred wood, giving it the appearance of the alligator skin. Large,
rolling blisters indicates rapid, intense heat, while small, flat alligatoring indicates long, low heat.
Fire Protection and Arson Investigation Module 7 gmillamina
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Crazing of glass: formation of irregular cracks in glass due to rapid, intense heat, while small,
possible fire accelerant.

Depth of char: depth of burning wood – used to determine length of burn and thereby locate the
point of origin of
the fire.

Line of demarcation: boundary between charred and uncharred material. On floors or rugs, a puddle
shaped line of demarcation is believed to indicate a liquid fire accelerant. In the cross section of wood, a
sharp, distinct line of demarcation indicates a rapid, intense fire.

Sagged furniture springs: because of the heat required for furniture springs to collapse from their
own weight (1150F) and because of the insulating effect of the upholstery, sagged springs are believed to
be possible only in either afire originating inside the cushions (as from a cigarette) rolling between the
cushions) or an extrnal fire intensified by a fire accelerant.
Spalling: breaking off of pieces of the surface of concrete, brick or cement due to intense heat.
Brown stains around the spall indicate the use of fire accelerant.
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Freezing of leaves: drying of leaves in a forest fire into their position at the time of the fire. Since the
leaves turn during the day. “Some persons regard this evidence as unreliable because of insufficient
clinical and research conformation and the influence of the fire wind.”
One of the authority, P.L.Kirk, cautions that puddle-shaped lines of demarcation may be due to many
causes which have nothing to do with flammable liquids. He also points out that depths of char is strongly
affected by factors other than burning time (such as temperature and species of wood) and that much
greater care must be taken in its interpretations than is frequently the case.

Olfactory Detection
Gasoline is a complex mixture of chemical compounds, the proportion of which vary with the source
of the crude oil and the type of process used in its manufacture. The sensitivity of the human nose to
gasoline vapor appears to be on the order of one part per ten million. So that, the nose is not sensitive.
Another problem, called olfactory fatigue, is the tendency of the nose to lose its sensitivity to an
odor after a prolonged or intense exposure to it. Further, the odor of fire accelerants may be masked by
other strong odor such as that of burnt debris or ammonia. In fact, in one case an arsonist attempted to
camouflage the presence of gasoline by mixing vanilla with it to mask the odor. Finally, it may be
inconvenient or impossible to search for accelerant odor with nose along with certain types of detector
equipment.

Other Types of Accelerant

Explosive types of accelerants usually leave little or no residue, but there may be some types of
containers or parts of containers available; metal parts such as pieces of pipe, wire, batteries, and parts of
alarm clock. Evidence of forced entry, evidence of arson to cover up other crimes and evidence of
footprints or tire tracks (outside) should be carefully gathered and reserved. Do not take for granted that
fingerprints will be destroyed by the fire. Soot from the fire may be perfect preservatives of fingerprints.
The arsonist may use material on hand such as newspapers, overstuffed furniture, or anything that
burns easily. He may rearrange anything available to provide a quick burning situation. He may use some
type of petroleum accelerant on this material. If rearrange, fast-burning materials are use without
accelerants, a good photograph showing rearrangement may be sufficient. If some accelerant of petroleum
product is used, it will be necessary to place some of this material in glass or metal container and sealed
for the crime lab to examine.

TECHNICAL METHODS IN ARSON INVESTIGATION

The detection, recovery, and analysis of fire accelerants are of major concern to arson
investigators. The presence of flammable liquids can be used to establish that arson was committed and
can sometimes be used to link a suspect of fire. Although objection is sometimes be raised that identifiable
amounts of liquid fire accelerants rarely survive a fire so that any effort or fund expanded for their
detection would be largely wasted. While there is not sufficient scientific investigation of this subject, the
day-to-day experience of arson investigation, is that accelerant residue is often found. Furthermore,
experiments have shown that accelerants can survive fires.

The area’s most likely to contain residues of liquid fire accelerants are floors, carpets, and soil
since, like all liquids, they run to the lowest level. Also, these areas are likely to have the lowest
temperatures during the fire and may have insufficient oxygen to support the complete combustion of the
accelerant. Porous or cracked floors may allow accelerant to seep through the underlying earth. Numerous
instances have been recounted of the excellent retention properties of soil for flammable liquids. Another
place where accelerants, and the equipment’s sensitivities, limitations, advantages and disadvantages.

Chemical Color Test Detectors

Chemical color test maybe used to detect both liquid accelerant residues and their vapors. Certain
dyes can spread in suspected areas and will indicate the presence of hydrocarbons by turning red. This
method is less sensitive and specific to flammable liquids than other methods which are available. Also the
dye may interfere with subsequent laboratory tests intended to identify the accelerant. Hydrocarbon vapor
scan be detected by pumping a suspected sample through a glass container of reagent, which changes
color in the presence of hydrocarbons. The reported sensitivity of this method is on the order of one part
per thousand. The detector will also react to hydrocarbons, which are not fire accelerant.
Fire Protection and Arson Investigation Module 7 gmillamina
Catalytic Combustion Detector
The most common type of flammable vapor detector used by arson investigators operates on the
catalytic combustion principle and is popularly known as sniffer, combustible gas indicator, explosimeter,
or vapor detector. In operation, vapor samples are pumped over a heated, platinum plated coil of wire,
which may cause any combustible gas present to oxidize. The heat from the oxidation raises the electrical
resistance of the coil and his changes in resistance are measured electronically. A sensitivity to hexane
vapor of a few parts per million can be achieved. Since oxygen is required for the operation, the sensitivity
is reduced in oxygen-deficient areas, but these are unlikely in arson investigations. (Also, an internal
source of oxygen could be fitted to the detector if it were found to be required. The other problem is the
gradual loss of sensitivity when the detector is exposed to gasoline containing lead. Lead deposits form on
the platinum catalyst and interfere with its operation.

While the detector correctly indicates the presence of the more volatile fire accelerants (gasoline,
paint thinner), it gave low readings for less volatile accelerants (fuel oil, turpentine). This situation might
cause an investigator to overloo k such an accelerant while searching a fire scene.

Flame Ionization Detector

In the flame ionization detector, the sample gas is mixed with hydrogen and the mixture is burned.
Ionized molecules are produced in the flame proportion to the amount of combustible organic gases in the
sample. (Pure hydrogen, air, and water vapor produce little ionization.) the degree of ionization is then
measured by using an electrometer to determine the resulting increase in the electrical conductivity to
methane is about one part per ten million.

Gas Chromatograph
The portable gas chromatograph adapted for field use, is sometimes called the arson
chromatograph. In the gas chromatograph, the sample is first separated into components based on the
speed with which the components travel through a tube filled with a packing material. The amounts of
each of the separated components are then measured with a catalytic combustion of flame ionization
detector. The sensitivity rangers from a few hundredths of a part per million to a few parts per million
depending on the type of detector used. The main advantage is a great enhancement in specificity
because of the preliminary separation process: the distribution in the amounts of components with various
travel times tends to be unique characteristics of chemical compounds. The principal disadvantages are
the time required for the analysis of each sample of about one-half hour, which can be a disadvantage in
some situations. In addition, there is an initial setup time of about one hour. The operation of the gas
chromatograph is considerably more complex and requires a certain amount of the technical training.

Infrared Spectrophotometer
Infrared spectrophotometers can achieve very high specificity to flammable liquids and high
sensitivity of about hundredths of part per million. In operation, infrared light of varying wavelengths is
directed through the sample and the amount of light passing through it is plotted on a pen recorder. The
recording can then be compared with those of known compounds determine the identity of the sample.
Since the chemical bonds in the compound determine the way in which infrared radiation, these recording
called spectrograms are unique for different compounds.

However, evidence mixed with impurities must be purified before it can be successfully identified.
Since water vapor absorbs infrared light, it interferes with the identification of flammable vapors. This is a
disadvantage in arson investigation, where water is commonly present.

Ultraviolet Fluorescence
The operational procedure consists simply of illuminating the darkened fire scene with ultraviolet
lamp. Certain substances, including constituents of gasoline and its residue, absorbs the ultraviolet light
and release the energy as visible light. These substances appear to glow against the darkened
background. The color with which the substances glow is affected by exposure to heat, and thus, the
method can be used not only to locate accelerant residues but also to help locate the point of origin of the
fire. The only equipment required is an ultraviolet lamp and portable power supply.

Recovery of Fire Accelerant Residue

Accelerant residues must first be separated from the ashes, wood, carpeting, or other material in
which they are found before they can be analyzed. This extraction is usually accomplished by one of three
types. Of distillation: simple, steam, or vacuum. Both steam and vacuum distillation can extract 64% of
any gasoline from debris.

Identification of Prime Suspect

The final basic line of inquiry is the identification of the fire setters and his accomplices if any. The
identification is developed from clues, traces, testimony of persons particularly eyewitnesses, and expert
testimony may be of value.

Difficulties in Investigating Arson Cases

Many fires receive only a per functionary investigation, while many others are not investigated at
all. This is true both in the case of the initial investigation of the cause of the fire and in the case of the
subsequent criminal investigation when incendiarism is known or suspected. This situation causes the
number of fires classified as incendiary or suspicious to significantly underestimate the true level of arson
and helps to cause low arson arrest and conviction. The reasons for the low rate of investigation of fires fall
mainly into two categories.
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1. Physical nature of the fire scene. No other type of crime scene except bombings is characterized by
as much destruction and disorder as arson. Investigators must search through piles of debris and
rubble, often on their hands and knees. Ashes, soot, and char make fire scenes filthy and
malodorous. They can ruin clothes and cause personal problems for investigators returning home
from fire scenes. An investigator’s wife may be able to adjust to his late-
Fire Protection and Arson Investigation Module 7 gmillamina
night calls but may find the inevitable filthy and foul-smelling clothes intolerable. For these reasons
or because he fins such conditions undignified, an investigator may request transfer to other duties.

The fire scene search is further aggravated by water remaining from the extinguishments.
The scene may be a quagmire, making the rubble wet and heavy to move out the way. Plaster fell
from walls and ceilings mixed with the water, forming a gray slush retarding the investigator’s
movements. The fire scene may be dangerous to work in because of the imminent collapse of upper
parts of the structure. It may be exposed to the elements, making work in foul weather difficult and
unpleasant.

In addition to the destruction of the fire, there are further problems caused by firefighter
mop-up process and salvage operations immediately following the fire. This involves finding and
eliminating any smoldering sports that might rekindle the fire. This involves tearing open walls,
ceilings, roofs, and other partitions, and throwing objects like mattresses and sofas out of the
building. The salvage process involves removing any salvageable items, such as furnishings or
machinery, to a safe place and covering them from the elements. The process hampers efforts to
reconstruct the fire scene and the sequence of events that led to arson. The original positions of
objects must, as a result, usually be obtained through meticulous interviews.

The sheer physical effort involved in the investigation is usually much greater for arson than
for other crimes, and the number of man-hours required is greater. Fire scene searches cannot be
avoided, particularly in view of the general lack of witnesses to arson. The investigato0r must often
put together a complex chain of circumstantial evidence to establish arson and implicate a suspect.
Any physical evidence may be destroyed by the fire or lost in the debris.

Securing the fire scene poses another real problem, since the investigator in most cases, is
late in arriving. In general fireman do not recognize their responsibility in arson investigation and
concentrate on suppressing the fire without regard to the suspicious fire. In the fire is suspicious
and should be investigated.

The arson investigator must assume the responsibility for educating the firemen as to their
responsibility in suspicious fires. The firemen are usually able to make or break an arson case by
their action in taking fire alarm, arriving at the scene, and suppressing the fire. The firemen must
understand how important their actions are to the investigator and why their cooperation is
needed.

The arson investigator could profitably use some of his time teaching the firemen to
recognize suspicious fires. The same techniques can be taught the firemen how to protect the fire
scene and to see that the investigator is notified immediately: Usually, the sooner the investigator
is notified and arrives at the fire scene, the better he is able to investigate. The good investigator
should closely work with firemen, encourage them to be a part of the investigation, and keep them
informed.

2. Administrative Problems

Historically, the attitude of police has often been that arson is a fire problem and that
responsibility for arson lies completely within the fire service. Arson, however, is a crime, and
firefighters are not trained to investigate criminal matters. As discussed in the previous section, the
conditions typical of fire scenes make arson investigation unpleasant and unrewarding. Neither the
police nor fire agencies are anxious to take over an area with such a low success rate. Both want to
improve their statistics to enhance their image and justify their budget. When budget cuts occur
arson units are often the first to go. The real winner in this dispute is the arsonist.

Difficulties in Prosecuting Arson Cases

Legally, fires are assumed to be accidental in origin until proven otherwise. The proof that the
origin was incendiary and that a crime occurred is called the corpus delecti (body of the crime) of the
arson case. Since arson is committed surreptitiously, witnesses are rare. Arson must therefore usually be
established using circumstantial evidence including physical evidence, such as fire accelerant residues or
multiple points or origin of the fire, which is difficult to find.

Once arson has been established, the prosecution centers on implicating the defendant. Again,
witnesses are few (unlike, say, robbery or assault), so a complex circumstantial case must usually be
constructed. Such a case requires greater trial preparation and more experience on the part of the fiscal:
Further, the low success rate and high work demands of arson cases make them most unattractive to
prosecutors, who demands of arson cases make them most unattractive to prosecutors, who demands of
arson cases make them most unattractive to prosecutors, who are usually overburdened with cases. One
of the criteria for promotion is the number of convictions returned. Finally, because of the heavy reliance
on physical evidence, the prosecutor may feel uneasy with the large amount of expert scientific testimony
required.

FIREMAN’S RESPONSIBILITY IN ARSON DETECTION

The responsibility of the fireman is “arson detection” rather than arson investigation. The fact that
every trained fireman cannot also be a trained investigator does not mean that he cannot play a highly
important part in detecting many arson cases. On the fireman, to a great extent, will rest the responsibility
Fire Protection and Arson Investigation Module 7 gmillamina
for performing certain important detection duties without which the trained investigator will always be
seriously handicapped. In fact, the case can be won or lost on what the fireman may see, hear, or do.

Engine companies can become proficient in surveying the scene of a fire and organizing facts or
information in proper sequence for the benefit of the investigator. When he arrives, the following
suggestions were prepared by the Fire Service Training committee of the National Fire Protection
Association (NFPA).

OBSERVING GENERAL CONDITIONS AT THE SCENE OF THE FIRE.

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There are two phases in observing general conditions in connection with a fire: (a) During the
approach made to the fire; and (b) upon arrival at the scene of the fire.

a. Upon Approaching the Fire

1. Observing the elements. The record of a fire should include weather conditions. Record such
observations as: (a) heavy rains; (b) winds; (c) closed roads or streets; (d) visibility; (e)
relative humidity.

2. Observe people and automobiles. As the fire approaches, members of the Fire Service should
observe any persons or automobiles hurrying away from the scene of a fire. If possible, get
the license number of such automobile; quick but careful mental notes of identifying
characteristics of persons and vehicles should be made; compare such observations with
similar observations which may be made by other firemen.

3. Observe the color of smoke and flame. Many times, the color of smoke is a rather reliable
indication of the type of fire to be extinguished. The same is true, to some extent, regarding
color of flame, substances or materials burning are responsible for both color of smoke and
color of flame.

The following are the meaning of color of smoke and flames (Abis, 1986).
a. Black Smoke with deep red flames. Petroleum products, tar, rubber.
b. Heavy brown smoke with bright red flames. Nitrogen Products.
c. White smoke with bright white flames. Magnesium products.
d. Black Smoke with red and blue-green flames. Asphalt shingles.
e. Purple, violet or lavender flames. Burning of potassium.
f. Greenish-yellow flames. Burning of Chlorine or manganese
g. Bright reddish-yellow flames. Burning of calcium.
h. Smoke of the usual color found in most fires that changes to yellow or grayish yellow.
Usually indicate a backdraft condition.

b. Upon Arrival at the Fire Scene

1. Observe the number of separate fires, intensity and rapidity of spread.
 Was there more than one fire burning in different parts of the building?
 Was there any difficulty in extinguishing the fire, which might indicate the presence
of flammable liquids?
 Were doors fastened in an open position to allow the fire to spread from one room to
another?
 The intensity of the heat generated by the fire often indicates that some kind of fuel may
have been added to the normal contents of the building and is an indication to the
fireman that flammable liquids or compounds could have been used to spread the fire
more rapidly. Such facts, when present, should be noted so that testimony concerning
these conditions may be used in court, and the effect on the jury of such testimony
usually is favorable to the prosecution of the case.

 When streams of water are used on such fires, instead of fire going out as might be
expected under normal conditions, the fire will burn with increased intensity and perhaps
with different color of flame such as red, blue or orange.

 Flashbacks sometimes occur after hitting fires with water streams. Should the fire appear
on the water running away from such fire, it would be indicative of the presence of some
flammable liquid.

2. Observe odors and methods required to extinguish flames.

 Odors detected in fire are often of value in determining what flammable substances were
present.

 Nearly everyone is familiar with the odor of burning gasoline. Kerosene, however, is quite
likely to be confused with solvent, as the odor is quite similar, and to an untrained
person, one can be mistaken for the other.

 Alcohol has a distinct odor, as do various chemicals. It is suggested that the fireman
become familiar with the different odors of various flammable compounds and chemicals
so that he may be in a better position to recognize them when necessary.

 The difficulties encountered in extinguishing the fire, and the methods which had to be
used to accomplish such extinguishments, are often of great value in the prosecution of
arson cases as indicative of the presence of unusual conditions.

OBSERVING CONDITION OF BUILDING OPENINGS AT THE TIME OF A FIRE.

Find out whether doors and windows are locked.

 Prosecution of arson cases has often been unsuccessful because men testify they entered a
building but forgot during the stress of excitement how they got there, what door or window
they used, and other pertinent details which may be decidedly important in the prosecution
of the case.
Fire Protection and Arson Investigation Module 7 gmillamina

 Before any forcible entry tools are used to break open doors, it is obviously good sense to try
to find out whether they may be locked.

 The fact that the doors are locked, or padlocked, may have a direct bearing upon the case
later.
Fire Protection and Arson Investigation Module 7 gmillamina
 The first fireman in the building should ascertain, if possible, whether he is actually the first
person to enter, or whether someone else has entered the building ahead of him. The
possibility of outsiders having gained entrance before the arrival of the fire department is
often very important.

Determine condition of doors, windows and locks.

 The condition of the doors, doorjambs and windows sills, as well as the kind of locks is often
very important items of information.

 The presence of “jimmy” marks on jambs might be indicative of robbery followed by arson to cover the
crime.

Observing owners, occupants, and bystanders at the time of a fire.

Observe the dress and manner of people at the fire.
Many times, when firemen arrived at the scene of the fire, owners, occupants, and other
persons are present.

Make a mental note of the way in which such people are dressed, their mental attitude,
undue nervousness and other pertinent details which might be of value latter on.

Look for familiar faces.

 Pyromaniacs and “fire-bugs” frequently remain at, or near the scene of their crime and
await the arrival of the fire department.

 These mentally deranged persons will even assist the fire department in extinguishing the
fire. They are sometimes quite prominent in their efforts to assist and draw attention to
themselves. The fact that familiar faces, “repeater”, are observed at a series of fires in any
one district warrants careful checking and study of such individuals.

 In addition to the observation of familiar faces of persons that may have pyromaniac
tendencies, it is well to study other persons who seem to be unduly excited and who take
undue interest in a fire. Such persons are always subject to suspicion.

LOCATING EVIDENCE OF FIRE CAUSES

The importance of attempting to determine the true cause of a fire cannot be over-emphasized. In
general, fires are assumed to be accidental until proven to be otherwise. It is always well, however, to be
watching for certain things, the presence of which may arouse suspicion as to the real origin of the fire.

Look for indications of arson intent.

Multiple Fires.
 Separate fires, burning in different locations at the same time, are frequently an indication
of a fire of incendiary

origin.

Odors.
 There is a wide variety of odors. Many of them are very difficult to distinguish. Odors
remain in rags and can be removed from the debris and identified even after being wet.

 Ammonia has a very pungent odor readily recognizable by firemen. It is generally used by
the arsonist to keep firemen out of a building, or in an attempt to “kill” the odor of
gasoline.

Undue Wood Charring and Uneven Wood Burning.

 The application of petroleum products to wood causes a deep unnatural burning.

 Char marks resulting from petroleum products poured on a wood floor will burn in the
pattern formed by the liquid which sometimes runs into the cracks causing burns
underneath the floor upon which it was applied.

Holes Made in Walls and Floors.

 Watch for holes in plaster to expose raw wood for a quicker “catch” or to increase draft
once the fire is started. Holes for similar purposes are occasionally found on floors.

Inoperative Sprinkler, and Fire Doors.

 A rather common procedure used by arsonists in buildings equipped with sprinkler
systems is to tamper with supply valves and to silence the alarms.

Look for arson materials and arson equipment.

 Among the many materials, devices and equipment used from time to time as “plants”
are: “Trailers” between fires, candles, matches, chemicals, flammable liquids, rags, waste
and paper, stoves, timing devices, electrical equipment and appliances, and
miscellaneous devices.

PROTECTING AND PRESERVING EVIDENCE

Two things should be kept clearly in mind by firemen regarding the protection and preservation of
Fire Protection and Arson Investigation Module 7 gmillamina
evidence of fire causes:
 Keeping the evidence where it is, untouched and undisturbed, if possible.
 Properly identifying, removing and safeguarding such evidence as cannot be left at the scene of
the fire as it was discovered.
Fire Protection and Arson Investigation Module 7 gmillamina
Note: No changes of any kind should be permitted in the evidence other than what is absolutely
necessary in the extinguishments of the fire. Photographs are excellent supporting evidence if taken
immediately.

POINTS ON PROTECTING AND PRESERVING EVIDENCE

Evidence remaining at the scene of a fire can be protected in various ways:
Use care in the application of hose streams.
Do overhauling and salvage work carefully?
Handle evidence as little as possible.
Move evidence from the scene of the fire only when absolutely necessary.
Don’t allow evidence to be walked over and tramped out.
Place barricades or rope off area around evidence.
Have someone witness your discoveries.
Record date, location, and circumstances by which evidence was discovered.
Notify the officer in charge of fire, so that he can place a call for the investigator.
Have photos taken by a qualified photographer at the scene of the fire when evidence must be
removed.

OBSERVING CONDITION OF CONTENTS OF A BUILDING INVOLVED IN A FIRE.

Watch for indications of removal of personal articles. I

 In plotting a fire, persons responsible for it sometimes remove from the building personal
articles which may have either a sentimental or commercial value.

Watch for indications of removal of valuable merchandise.

 If the fire is a “successful fire”, it is often difficult to positively identify all the pieces of
furniture or clothing, or to ascertain its approximate value when the debris is sifted.
However, if the fire is not “successful” from the standpoint of the arsonist, such contents are
readily determined, and the normal contents of the building may well be located and used
as evidence.

RECORDING AND REPORTING OBSERVATIONS MADE AT A FIRE

 It is recognized that the primary business of a fireman at a fire is to fight the fire. However, he is
also expected to observe and report any unusual circumstances or conditions which may be of a
suspicious nature with respect to the origin of the fire.

 A small notebook is a suggested means for the entry of such things. These notes on the fire
should be kept all together and should be retained for several years. Notes that are taken
immediately after a fire may be used in court for the purpose of refreshing the memory. As
arson trials are sometimes delayed for a year or more after the actual occurrence of the fire, the
notes that were taken would be of great help in refreshing the memory.

APPEARING IN COURT IN AN ARSON CASE.

 The fireman testifying should show a respectful attitude toward the court and the personalities
connected with it as this will create a favorable impression in the minds of all concerned.

 The fireman acting as a witness should make every effort, to present his testimony in all
fairness to the defendant. He should never under any circumstances display any hostility toward
the accused. Under the law, every person is presumed to be innocent until proven guilty.

 Tell the story, as you know it. Witnesses should never testify to any occurrence as a fact unless
they have personal knowledge of that fact. Secondhand information is not admissible in courts.

FIRE INVESTIGATOR’S RESPONSIBILITY IN FIRE INVESTIGATION

 The fire investigator is a specialist operating in a unique field – a person with the field experience and
technical training necessary to collect and evaluate factual information and identify criminal activity
in situations where others perceive only confusion and chaos.

 The primary goal of a fire investigator, as of any criminal investigator, is to determine the truth.

 In seeking the truth, the investigator must complete a post-fire examination of the structure or
vehicle that is the subject of a suspicious fire and determine the origin and cause of the fire.

 Interviews must be conducted, evidence collected, and comprehensive reports of all findings
prepared. To complete these tasks, the fire investigator must know and understand the rules
governing proper crime scene techniques, the significance of interviewing strategies, and the
technical requirements of fire science.

 If, during the initial stages of inquiry, actions pointing to criminal conduct or evidence of criminality
are uncovered, the fire investigator must automatically shift to his secondary role: to identify and
move against those responsible.

 A fire investigator who has reason to believe that arson was committed is morally and professionally
obliged to develop the case to its fullest extent.
Fire Protection and Arson Investigation Module 7 gmillamina

Determining the Origin and Cause of the Fire

Fire Protection and Arson Investigation Module 7 gmillamina
 The main reason for conducting a post-fire examination of the fire scene is to determine the fire’s
origin and cause. The factual determination of origin and cause is the principal area of expertise that
separates a fire/arson investigator from other investigator specialists. (Redsicker and O’connor,
1997).

 The point of origin of a fire is the location where the fire started – the place of beginning. The term
area of origin is sometimes used when fire originates over a large tract or space, or when the exact
point of origin cannot be determined.

 Multiple points of origin are said to exist when there is more than one place of beginning, or when
several separates fires burn in the same structure at the same time.

Physical Examination of the Fire Scene

To improve the likelihood of a successful resolution, an investigator must approach the fire
investigation systemically. It is important to keep in mind the application of the scientific method – a six-
step approach to analyzing the origin and cause of a fire.

Scientific method of Fire Investigation

Step I – Recognizing the Problem.
It is the investigator’s responsibility to determine its origin, cause, and responsibility. It is at this point
that fire investigators must recognize that their determinations may lead to criminal and civil
litigation which can affect many lives.

Step 2 – Defining the Problem and Collecting Data.

To define the problem, the investigator must conduct a thorough investigation with all the information
available to him.

Step I – Collecting data

It includes documentation of the scene with photographs, reports, and collection of physical
evidence. It also includes witness accounts, which may require additional statement taking, notes,
and diagrams.

Step 4 – Analysis of Data.

The fourth step is the analysis of the data (inductive reasoning). Here the investigator’s knowledge,
training and experience is put to the test in his analysis of the fire patterns, structural damage, fuel
source, ignition source and any other factors which may affect the correct determination of origin
and ultimately the cause.

This is the “fact” portion of the investigation. Your analysis must be confined to those facts which
were deduced from your observation of known scientific results or through experiments and testing
of physical evidence collection at the scene.

Step 5 – Developing Hypothesis.

The fifth step is the state at which an investigator may express his opinion about the origin, cause
and responsibility of the fire/explosion incident. This opinion is based on the facts and data
collected by the investigator.

Step 6 – Proving the Hypothesis.

In the final step, an investigator’s hypothesis (deductive reasoning) is put to the test, based on the
facts and scientific data that have been developed.

Note: If all other possible origins and causes have been eliminated through deductive reasoning, then the
investigator’s opinion can stand. If not, then the cause of the fire/explosion must be listed as
undetermined or unknown until such time as a logical, scientifically acceptable cause can be determined.

Exterior Examination
 The exterior examination begins with interviewing of the fire department officers, firefighters, and
police officers that were first at the scene. As the first-in company, they may have observations
relevant to the nature and origin of the fire. The initial interviews should cover the following types of
information:

1. Were any people or vehicles observed in the vicinity of the fire?

2. If so, could their conduct or actions be interpreted as suspicious? That is, were they:
fighting or arguing?
too eager to help or give information?
attempting to obstruct fire-fighting operations?
observed fleeing the scene?
observed at other fire scene?
dressed in a manner suggesting obvious haste (relative to time of day/night or season)?

If suspicious were raised, record accurate descriptions, license plate numbers, etc.
Fire Protection and Arson Investigation Module 7 gmillamina

3. Was the structure fully involved?

 Was it consistent with the class and type of construction?
 Was the fire consistent with types of combustibles readily available?
 Were flames visible?
Fire Protection and Arson Investigation Module 7 gmillamina
 What side of the building was involved?
 Was there fire through the roof?
 Had flames extended through windows? If so, which windows?
 What color were the smoke and flames?
Were the flames quietly lapping up on the side of the structure or were they roaring violently?

4. Were the doors and windows open or closed?

 Were they locked or nailed shut?
 Were shades open or closed, or windows painted to obscure view?
 Were entrances blocked (e.g., by storage or rubbish (waste))?
 Was forced entry made and, if so, by whom?

5. Were any unusual odors noticed?

6. Were hydrants, standpipes, and sprinkler systems operational?

Were hydrants blocked, hidden, or rendered inoperable?
Were hydrant caps missing or cross-threaded?
Were fire detections or other safety systems circumvented or rendered inoperable?

 After completing the initial interviews, the investigator should examine and evaluate the fire damage
on the exterior. If possible, walk around the structure. Note the damage around windows and doors,
under the soffit and around vents or other outside openings. Where is the greatest exterior damage?

 Does it appear that the fire started outside the building and extended into the structure? Is a “V”
pattern visible on the exterior shell of the structure?

 Where is the lowest point of exterior burning? Examine any containers or items on the ground around
the structure and photograph the outside of the building.

 Note the construction and use of the structure. Construction refers to the type of building: wood
frame, ordinary, noncombustible, heavy timber, etc.

 Note the building material, such as type of roof and siding. Also note differences in multiple sections
of the building: for example, a two-story main structure perhaps with a newer one-story addition.

 All these factors may play an important role in the fire spread and amount of destruction.

Interior Examination
 With the exterior examination completed, the investigation shifts to the inside of the structure. To
the extent possible, the investigator should attempt to complete a detailed survey of the structure
interior, wearing full turnout gear or its equivalent at all times.

 Try to reconstruct mentally what happened during the fire. All observations made during this
preliminary survey should be written down, including answers to the following:
1. Does the fire spread appear natural?
2. Was the extension of the fire natural?
3. Was the intensity of the fire natural?
4. Were the furnishings, clothing, appliances, and so on normal for the type of occupancy?
5. Were personal items removed before the fire? Was there any substitution of the contents (for
instance, cheap or used in place of expensive)?
6. Was there fire in unusual locations (under staircase, in closets and attics, in desk drawers or file
cabinets)?
7. Were the body of fire and the path of heat travel consistent with the type of construction and
contents?
8. Is your approximation of the burn time consistent with the combustibility characteristics of the
types of material (fuel) involved?
9. Are there any holes in the floors or walls? If so, are they a natural consequence of the fire or a
possible indication that an accelerant was used?

Room and Point(s) of Origin.

By observing the burn pattern and tracing back the order in which they were formed, the investigator
gradually migrates to the area of the most severe damage. This is usually the area where the fire
burned the longest (except when flammable liquids were involved).

A fire generally burns longest at or near its point of origin because enough oxygen is available there
during the early stage. Therefore, the room with the greatest damage is most apt to be the room of
origin.

Locating this room is very significant because it contains the point or area of the fire’s origin as well
as clues to its cause.

Many factors and criteria are commonly used to isolate the point of origin within the room of origin. If
the investigator finds several distinct (unconnected) points of origin, each must be carefully examined. The
crime scene, photographs, sketches, and notes should clearly show that the multiple points of origin were
not the result of normal fire travel, flashover, or burning material having been moved during the
Fire Protection and Arson Investigation Module 7 gmillamina
suppression, overhaul, or salvage operations. Fall down fires (also known as drop down fires) (burning
material falling to the floor) or explosions can also give the appearance multiple points of origin.
Fire Protection and Arson Investigation Module 7 gmillamina
The discovery of multiple points of origin is a prima facie evidence that the fire was of incendiary
origin, since such a condition is highly improbable and virtually impossible under normal conditions.

After completing the preliminary scene evaluation, including the documentation of utilities, doors,
and window security, the fire investigator should have evaluated areas of lesser damage back to the
greatest area of structural damage in tracking the fire to its place of beginning or point of origin.

DOCUMENTING THE FIRE SCENE

 The proper inspection and accurate documentation of a fire scene is the most important initial step in
any investigation.

 The notes, photos, and sketches generated to document the scene and the discovered evidence
serve as an aid and ready reference throughout the investigation.

 More importantly, they provide the foundation for any criminal prosecution or civil action that follows.

 Fire scenes have traditionally been one of the most poorly documented and underrated classifications
of crime scenes. The chief reason for this lack of documentation has been the investigator’s
traditional reliance on sketchy notes and personal recollections when preparing official reports or
describing the circumstances of the fire to a jury or other judicial body.

 Other reasons for the lack of the proper documentation include:

 Ignorance of proper crime-scene techniques
 Lack of equipment (e.g. camera, film)
 Time constraints
 Shortage of qualified personnel, and
 Lack of motivation (e.g. laziness, poor attitude, apathy)

The Crime Scene

 In a fire investigation, the crime scene should include the area surrounding the location where a
crime (arson) may have been committed and where evidence pertaining to the investigation of the
crime may be found. It should include all entrances and exits or paths to and from the scene.

 Under normal circumstances, a criminal investigator is called to the scene of a crime (e.g. homicide)
that has occurred. However, a fire investigator is called to scene of a fire, where a crime may or may
not have been committed.

 That determination is to be made (tentatively) upon the completion of the physical examination, but
what the fire investigator sees and hears at the scene may be the basis for the entire case. The
treatment of all fire scenes as crime scenes is purely a precautionary measure.

“Seat” of the Crime.

The “seat” of the crime is the area of the crime scene evincing the greatest impact between the
criminal and the commission of the crime.

In an arson investigation, this would be the point of origin. In a fatal fire, it is the area of greatest
impact among the criminal, the victim, and their surroundings.

If the fire was set to conceal a homicide, the seat of the crime is the area around and including the
body. If the victim died as a result of the fire (arson/homicide), the seat of the crime is the point of
origin of the fire.

Protecting the Crime Scene.

An investigator must realize that mistakes made during certain phases of the preliminary
investigation may be rectifiable (say, by re-interviewing witnesses), but errors made in the
processing of the crime scene can never be corrected.

Once the scene has been left unprotected for any length of time or released to the owner, reentry to
the scene must be made with a search warrant or with the consent of the owner unless the
structure has been abandoned and the owner no longer has a reasonable expectation of privacy.

In any case, the admissibility of any evidence found during the later entry is at best questionable,
due to the break in the chain of custody.

The ultimate responsibility for the preservation of the fire scene (unit and investigator arrives) lies
with the chief or line officer (volunteer or paid) that declared the fire suspicious.

The guarding officer must avoid unnecessary conversation with reporters or people who may
congregate at the scene, especially at a fatal fire. Reporters should be told that the matter is under
investigation and be referred to the investigator assigned to the case for further information.

Documentation Sequence
There is specific five-step sequence to be followed in documenting a crime scene:
Fire Protection and Arson Investigation Module 7 gmillamina
1. Visual inspection
2. Note taking
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3. Photographs
4. Sketches
5. Search for evidence

Evidence Collection
 Evidence is defined as the means, sanctioned by these rules, of ascertaining in a judicial proceeding
the truth respecting a matter of fact (Feria, 1989).

 Investigators have traditionally viewed evidence as anything that a suspect leaves at or takes from a
crime scene, or anything that may be otherwise connected to the crime under investigation.

 Physical evidence is defined as any finite or tangible material, whether in trace or gross quantity, that
may assist in proving the elements of a crime.

 The proper recognition, documentation, collection, analysis, and interpretation of physical evidence
can provide valuable information to the investigation (Redsicker and O’Connor, 1997)

Physical Evidence – Chain of Custody

Chain of Custody.
Location and security of an item of evidence from the time it is discovered at the scene until it is introduced
as evidence in court.

The following are the written records necessary in maintaining the chain of custody:
1. Must show who found item at the scene.
2. Must show the name of all personnel who touch or alter evidence and reason.
3. Must show who obtained, marked, and packaged the item.
4. Must show where item was marked, and how it was packaged.
5. Must show what was done with the item.
6. Must show who used the item for analysis, investigation, etc., date and time.
7. The record must show the location of evidence from (its discovery) to disposition in court of law.

Evidence Storage
 Once the evidence is removed from a scene and taken to a laboratory for further testing and
examination are performed, what becomes of the items?

 Can they be discarded if they were not found to be the cause of the fire?

 Is it acceptable to keep only the items found to be responsible for a particular fire?

 Once removed samples are tested can they be discarded? Do they have to be held even if no
accelerant was detected in the sample? What if the samples were never tested?

 Obviously, the correct response to all these questions is no. Removal and subsequent securing of
physical evidence are the first stages of evidence collection not the last.

 Physical evidence has to be preserved for months, sometimes years, after an incident has occurred.
In civil cases, and subrogation claims, files can remain active for 5 or more years depending on the
statute of limitations for a particular state.

 Therefore, any evidence removed from a scene has to be preserved until the case has been finally
settled or the statute expires.

Presenting Evidence in Court

 Some cases enter the litigation process and are settled, while others go through the entire process
and are decided by a jury.
 In criminal cases, the time between the actual fire investigation and the trial is usually less than in a
civil case. Some exceptions may occur when a number of arson cases over several months or years
are linked together, and the arsonist is finally caught. Most times, however, because the constitution
grants anyone indicted in a criminal action the right to a speedy trial, criminal cases are processed
relatively expeditious compared to civil cases.

 Consequently, photographs taken by an investigator at the scene, during any laboratory

examinations, and in preparing the evidence to ship are critical in explaining the origin and cause of
the fire, and how these were determined.

 A photograph may be introduced if it refutes (disproved) the matter being questioned. If the
opposition states the first- floor window lock was forced before the fire, photographs refuting the
claim can be introduced. Photographs of protected areas or items and components are often
admitted to determine the position of an item or component during the fire.
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Testimonial evidence in arson
Testimonial Evidence is the testimony given in court or the deposition by one who has observed that
to which he is testifying; or one who, though he has not observed the facts, is nevertheless qualified to
give an opinion relative to such facts (Sadili and Peña, 1998)

Illustration: An eyewitness to a particular incident can testify in court regarding any matter he has
observed of his own perception that has come to his personal knowledge. His testimony in court is
Testimonial Evidence.

An expert witness testimony in court is likewise Testimonial Evidence though he was not present on
matters he will be testifying about but is qualified to give an opinion relative to such facts. Example –
Medico-legal Officer; Ballistician; Expert on Questioned Documents.

Who can be witnesses?

Section 20 of the Revised Rules on Evidence provides that “except as provided in the next
succeeding section, all persons who, can perceive, and perceive, can make known their perception to
others, may be witnesses” (Feria, 1989).

“Religious or political belief, interest in the outcome of the case, or conviction of a crime unless
otherwise provided by law shall not be a ground for disqualification”.

 Starting from the person who turned in the alarm.

 Watchman.
 Those who suffered injuries in the fire should be interviewed.
 The occupants and employees of the building.
 The spectators.
 The bookkeeper or accountant.
 The firemen. Eyes and ears of fire investigators
 The first person that discovered the fire.
 The last person in the premises.
 The owners of banks.
 The police department.

The role of circumstantial evidence

In arson investigation
Circumstantial evidence is the proof of facts from which, taken collectively, the existence of a
particular fact in
dispute may be inferred as a necessary or probable consequence (Sadili and Peña, 1998). Circumstantial
evidence is sufficient for conviction if:

 There is more than one circumstance.

 The facts from which the inferences are derived are proved; and
 The combination of all the circumstances is such as to produce a conviction beyond a
reasonable doubt.