Arson Investigations

Question 1

Powers & Duties - While the fire is being fought

Answer 1

All Police present must co-operate with the person in charge of the Fire Service as they are charged with the direction of operations. These powers confer the right to:

• enter private property when it is on fire or endangered, or when entry is essential to performing a necessary duty
• close roads
• remove vehicles impeding the Fire Service. If necessary, they can break into the vehicles for that purpose
• remove people who are in danger or interfering with operations, using reasonable force if necessary
• do anything else that is reasonably necessary for the protection of life and property

Question 2

Fire Service and Police - Memorandum of Understanding

Answer 2

MOU agreement between Police and the Fire Service to share information, and details the roles for both organisations in fire investigation. Both agencies want to ensure that in determining the origin and cause of fires:

• investigations are efficiently coordinated, and expertly and independently conducted; and
• any relevant evidence is protected and collected for potential criminal prosecutions or coronial enquiries.

Question 3

Fire Investigation Liaison Officers (FILOs)

Answer 3

Police have established Fire Investigation Liaison Officer (FILO) positions who have responsibility for:

• attending every fire that results in serious injury or death;
• co-ordinating fire investigations in their designated area or district;
• arranging Police attendance at fire scenes where required;
• maintaining effective working relationships with the relevant Fire Service Investigation Liaison Officer (FSILO) and Fire Service Specialist Fire Investigators;
• assisting areas or districts with fire investigation-related queries;
• ensure communication is maintained with the Police National Fire Investigation Co‑ordinator, Police District Intelligence Manager and District Manager Criminal Investigations, where appropriate;
• co-ordinating fire investigation training for any Police employees within the area or district, where needed
• providing other advice and expertise as required.

Question 4

Specialist Fire Investigators

Answer 4

Specialist Fire Investigators will be called to attend and investigate:

• fires where fatalities occur;
• fires where serious (life threatening) fire-related injury has occurred;
• structure fires where the cause is suspicious or cannot be determined;
• significant fire spread across a property boundary;
• fires in buildings where built-in fire safety features have failed, or not performed to known or expected standards;
• structure fires of 3rd alarm equivalent (at least six appliance) or greater, that may have a significant regional or national consequence; and
• any other fire, upon request from Police or another agency.

Question 5

Fire scene control, notification and handover

Answer 5

1. The Fire Service has authority over a fire scene while a fire is in progress. Once a fire is extinguished and any threat to life or property no longer exists, the Fire Service must hand the scene over.
2. The Fire Service will notify Police if it considers that a fire may have been deliberately lit, or if it considers the cause of a fire is suspicious. The Fire Service will also notify Police of all incidents where fatalities or serious (life threatening) injuries occur.
3. Where Police attend a fire scene and seek authority over that fire scene, the designated Police Investigating Officer will confer with the Incident Controller to confirm the handover process.
4. The Fire Service will not normally handover a fire scene until the danger of fire, structural collapse, exposure to dangerous products of combustion or other fire related hazards have been identified and eliminated, isolated or minimised.

Question 6

Multi-Agency Fire Scene

Answer 6

Any multi-agency fire scene examination will be conducted using a co-ordinated approach. FILO and FSILO to liaise on these matters:

• handover of the fire scene
• access to the fire scene
• process for examination and investigation
• identification and collection of evidence at the fire scene.

Question 7

Police Responsibility into Fires

Answer 7

• conduct the criminal investigation or coronial enquiry

- undertake responsibility for the protection, collection and recording of forensic evidence.

Question 8

Injuries through hazards

Answer 8

At a fire scene most injuries are received from these hazards:

• Inhalation of toxic substances
• Ingestion of particles
• Cuts/wounds from sharp objects
• Air borne dusts, particles
• Tripping on fire debris
• Falling down, over, onto or into any obstructions or cavities
• Items from above falling onto you or hitting objects and causing a chain reaction.

Question 9

Clothing Protection

Answer 9

• a suitable helmet
• a pair of overalls
• nose and mouth filter, a full face respirator
• gloves
• safety glasses
• heavy duty footwear with steel soles and toe caps.

Question 10

Common Methods of Setting Fires

Answer 10

• Candles
• Chemical Igniters (potassium permanganate, sugar and glycerine) (Potassium chlorate, sugar and sulphuric acid (fire fudge)
• Electrical Apparatus
• Electric Matches
• Matches and Cigarettes
• Molotov Cocktails
• Timing Devices
• Trailers

Question 11

Non-intentional causes of fire

Answer 11

• Carelessness
• Faults
• Nature

Question 12

Procedure on arrival

Answer 12

1. Briefly interview your informant.
2. Secure and control the scene.
3. If deemed suspicious then re-group and hold a briefing conference
4. Confer with other staff and determine a plan of action. Brief and deploy them to: guard and control the scene, identify and interview witnesses at the scene, conduct local enquiries.

Question 13

Incident Controller

Answer 13

Interview the incident controller at the scene and find out:

• the time and date of the call and the manner in which it was received
• the state of the fire when the Fire Service arrived
• what action the Service has taken, particularly in entering the building and ventilating it after the fire
• what information the Fire Service has about the building’s security
• what alterations they have made to the scene
• whether they think the fire is suspicious, and why
• their opinions of the informant
• details of people or vehicles acting suspiciously in the vicinity.

Question 14

Types of Witnesses

Answer 14

• the person(s) who found the fire, raised the alarm and informed Police or Fire
• fire fighters
• occupants and their visitors
• employees, including cleaners and casual staff
• owners
• neighbours
• spectators
• passers-by
• local Police
• patrols
• security staff
• vendors and delivery people
• reporters and photographers.

Question 15

Preserving a fire scene

Answer 15

Scene security considerations for Police are:

• ensuring the scene is not interfered with
• exclusion and control of on-lookers, property owners and other interested parties
• preserving evidence
• preventing looting.

Attending Police should also:

• be aware of re-ignition from hotspots after the fire is extinguished
• be vigilant and watch for possible suspects
• identify any witnesses among onlookers and passers-by
• report all matters of significance to the O/C investigation and/or scene co-ordinator.

Question 16

Fire scene contamination

Answer 16

Scope:
How much of the area needs to be preserved?

Cordon:
•Identify the centre of the scene
•tape off outside, what is considered to be the most obvious item of evidence that is furthest away from the centre of the scene.
•In large scenes the natural boundaries could be used to dictate your zones.

Common approach path:
All traffic through the scene should be limited to ‘corridors’. Ideally, the investigator should search the areas to be used as corridors prior to them receiving any other traffic.

Question 17

Where it is difficult to preserve the scene

Answer 17

In certain circumstances, such as demolition of specific areas due to safety, it may be difficult to preserve the scene. In cases such as this the investigator must record the scene, prior to demolition, by:

• sketches
• photographs
• plans
• video recordings.

This will assist in recalling the layout of the premises prior to demolition work being carried out.

Question 18

Specialists Who Can Assist at Fire Scenes

Answer 18

• fire investigation liaison officer
• ESR scientist
• rural fire investigator
• photographer
• fingerprint technician
• explosives inspector
• electrical inspector
• building inspector
• insurance assessor
• accountant
• forensic mapper/original floor plans
• pathologist
• vehicle inspector

Question 19

OC Investigator to Appoint

Answer 19

• appoint an exhibits officer
• appoint a crime scene co-ordinator
• advise the Fire Investigation Liaison Officer
• appoint a scene examiner.

Question 20

External examination takes into account:

Answer 20

• Adjoining premises which often reveal: accelerant containers, attempts at forced entry, broken windows, forced doors
• Nearby alleyways/streets/driveways
• The yards and outbuildings of the fire effected property
• The periphery of the structure itself may reveal: jemmy marks or other signs of forced entry on windows or doors, window glass broken before the fire was ignited, burn patterns above doors and windows and “V” shaped burn patterns on external cladding.
• What distance debris was scattered, particularly if drums or cylinders have exploded.
• The surrounding area of the involved premises may also reveal: accelerant containers, contents of outbuildings missing, property run‑down, business appears to be struggling.

Question 21

Preliminary internal examination

Answer 21

Slow walk through the premises, from the area of least damage to that of most damage, taking note of indicators such as:
•signs of hardship (empty flats, shops to let, etc.)
•missing family photographs, furniture and personal items
•lack of clothing in wardrobes and drawers
•rifled premises
•open filing cabinets or missing files
•forced entry into an empty till
•presence of accelerant containers or trails
•owner/occupier attitude during walk through (if access is permitted)
•unusual odours
•burn patterns.

Question 22

Detailed internal examination

Answer 22

Specialist Fire Investigator will observe, note and take into account:

• smoke deposits and burn patterns
• spalling (the cracking or chipping of concrete as a result of being heated and cooled)
• damage to wall studs
• damage to roofing timbers
• damage to windows sills and door edges
• soot deposits on window glass and craze patterns
• floor areas burned through
• skirting board damage
• elimination of false low burns
• removal of fire debris, and
• under floor inspection.

Question 23

Crazing

Answer 23

Crazing of glass can be created by the rapid heating of glass and also the rapid cooling of it by the application of water spray in a hot environment.

Question 24

Evidence of accelerants

Answer 24

• containers
• traces in debris
• smell
• unusually rapid spread or intensity of fire
• uneven burning
• burning under or behind boards where the liquid has run through the cracks
• multiple seats of fire

Question 25

Evidence of Intentional Interference

Answer 25

• tampering with the alarm or sprinkler system
• hindering access
• misdirecting fire fighters
• removal of valuable property
• furniture was rearranged to create a fire base
• foreign material and objects, such as screws/batteries, that might be part of a device
• signs a crime had been committed
• signs that a heater, soldering iron or other electrical appliance has been left on
• inconsistencies
• unusual burn patterns or unusual time factors (for example that the fire started after the building was secured).

Question 26

Exhibits

Answer 26

1. Photograph in situ, label the exhibits, and preserve them in containers.
2. Use approved arson kits
3. Take these control samples:
   •charred timber and ashes or debris from the seat of the fire for examination and comparison with samples from other points
   •any accelerants found near the scene
   •soil from the surrounding area.

Question 27

Conferences

Answer 27

Conferences must be held during the scene examination to assist you with:
•assessing information obtained
•reconstructing
•establishing possible motives
•identifying suspects
•planning further enquiries.

People attending could include:
•O/C CIB
•Crime scene co-ordinator
•Fire Investigation Liaison Officer
•O/C Investigation
•Investigating officers
•Specialist Fire Investigator
•Police photographer
•Fingerprint technician/SOCO

Record all decisions made. The conference forms the basis of your scene examination and risk assessment planning.

Question 28

Body Removal

Answer 28

• Pathologist at the scene
• Video the removal
• DVI
• use bubble wrap to secure the body parts and then package in a clearly marked and protected boxing of some form.
• Keep an eye out for medically inserted pins, teeth or any protected finger skin to assist in identification
• Ensure that the body has cooled prior to wrapping
• staff have the correct personal protection equipment
• Remove body parts promptly, before they decompose and animal and insect activity contaminates the scene.

Question 29

Suspect Enquiries

Answer 29

Identifying Suspect - the circumstances of the fire, fingerprints, information from informants and witnesses, media response, Police resources such as Intelligence and Youth Services sections or the Fire Investigation Liaison Officer, enquiries at prisons, psychiatric hospitals, rehabilitation centres and schools, information from fire crews on people who regularly attend fires.

Possible Suspects - the owner or occupier, for insurance fraud, an employee, to cover theft, forgery or false pretences, criminal, to cover the traces of a crime such as burglary or homicide, or to intimidate other victims of a protection racket, an aggrieved person suffering from jealousy, hatred, rage, prejudice or a desire for revenge, a pyromaniac suffering from mental illness, in the case of school buildings, a pupil or ex-pupil, a member of the Fire Service, for excitement or personal recognition, a business competitor, to disadvantage a rival.

Question 30

Common electrical ignition sources

Answer 30

• Heaters and clothing
• Electric lamp and petrol igniters
• “Fallen” table or standard lamp in conjunction with combustible materials
• Toaster with nearby curtains
• Leaving a pot of stew on a stove element
• Ceiling exhaust fans

Question 31

Fires involving explosives - Initial action

Answer 31

1. Remember that there may be a secondary device anywhere at the scene, including in a nearby building or vehicle. Do not handle or interfere with anything unfamiliar.
2. Do not use cell phones, portable radios or other transmitting devices.
3. Evacuate the scene to a distance of at least 100m.
4. Consider using an explosives detector dog to locate the device.
5. If the IED is located, immediately obtain the assistance of an IED operator from the Department of Labour.

Question 32

Fires involving explosives - Identifying the explosive

Answer 32

• Low Powered - will explode in a general manner, spreading debris over roughly the same distance in all directions.
• Medium Powered - damage occurs in a ‘least line of resistance’ pattern. This means that windows, doors and light walls blow out.
• High Powered - explode in a directional manner. Sometimes they explode straight up and down in a definable blast pattern, causing great directional damage.

Immediate Entry - create a path to the centre of the explosion, by laying a clean unused roll of plastic or by using approved stepping plates, have the ESR analyst start swabbing the area immediately, vertical sheets of iron adjacent to the blast, such as street signs and fencing, are often good sources of residue. Record impressions of any odours.

Question 33

Reconstructing the explosion

Answer 33

Reconstructive explosions must be carried out only:

• under the supervision of the O/C Scene
• at a suitable range or site
• in conditions as close to those of the original explosion as possible
• in close association with explosives and scientific advisors
• as a scientific test.
• video recorded and photographed, to provide a record for a subsequent prosecution.
• Should be a sufficient number and range of explosions to enable the explosives expert and the specialist to provide reliable evidence in court.

Question 34

Explosions - What to look for

Answer 34

• cratering
• spread of debris
• shredding of materials
• a smell peculiar to the exploded material; for example, the smell of almonds is often associated with explosive or exploded material
• an overlay of dust
• shrapnel marks.

Explosions caused by gas generally cover a wider area and they do not leave a crater. Lighter-than-air gases such as hydrogen will create an outward blow at the top of a wall, whereas heavier-than-air gases blow out at the bottom of a wall.

Question 35

Rural fire investigation

Answer 35

• where the rural fire authority intends to make a claim under the rural fire fighting fund
• where negligence has been shown by a person or party
• all suspicious fires
• multiple fires start in an area with no apparent reason
• any fires which may assist in their prevention and investigation strategies.

Question 36

Disclosing criminal records to other parties in respect of fires

Answer 36

If you believe that the joint investigation would be significantly enhanced by including a suspect’s criminal records in joint briefings, you must first find out whether the suspect is an ‘eligible individual’ under the Criminal Records (Clean Slate) Act 2004. To find out access NIA ‘Clean Slate Query’ to carry out a clean slate eligibility check.

The suspect is not an eligible individual - you may disclose the criminal record and information about it to Fire Service personnel if authorised under the Privacy Act.

The suspect is an eligible individual - you must not disclose their criminal record or any information about it to the Fire Service personnel.

Question 37

Ownership and control of the scene

Answer 37

The Insurance company will act as the owner of the property if a claim has been made or insurance cover is applicable, i.e. a mortgage coverage for a third party such as a bank. There may be a number of insurance companies with an interest in the site depending on the total number of occupiers.

The building owner usually owns the structure and most permanent fixtures including light fittings, wiring, curtains and floor coverings. Tenants will own their personal property which may include appliances, furniture and personal items.