Authorities have increasingly established the risk that fire poses to individuals and thecommunity’s well-being and safety. They acknowledge that it is in everyone’s greatest interest toexamine fires and determine how they started. Today, civil authorities strive to reduce fire riskby imposing penalties for allowing an unintentional fire to spread out of control. Fireinvestigations are inherent […]
To start, you canAuthorities have increasingly established the risk that fire poses to individuals and the
community’s well-being and safety. They acknowledge that it is in everyone’s greatest interest to
examine fires and determine how they started. Today, civil authorities strive to reduce fire risk
by imposing penalties for allowing an unintentional fire to spread out of control. Fire
investigations are inherent to curbing fires since they bring to light the causes and potential
future solutions. As a result of these investigations, people learn to avoid dangerous practices
that lead to fire calamities.
This case study investigates a fire incident whereby I was dispatched as the on-duty fire
examiner to assess a fire that burned a garage of a single-family household. Upon arrival on the
site, the fire extinguishing or suppression firms were still completing the salvage and overhaul
activities. The house owners reveal that they were trying to cook (deep-fry) a bird for the
upcoming event (Thanksgiving) when suddenly oil spilled and accidentally ignited the fire,
which quickly spread to other parts of the garage. This is a typical case of unintentional or
accidental fires in home dwellings that can be avoided if precaution is taken. This paper uses
relevant literature to describe the types of Public Sector Rights of Entry, the specific type of right
of entry that allowed the fire suppression firms to enter the home for fire extinguishment, the
viewpoint on the occupant’s explanation of an accidental or unintentional fire, the type of right of
entry I might select, and the types of evidence I expect to gather during the investigation.
Literature Review
The right of entry is the legal power and consent to access a property to conduct a fire
investigation. The following four Public Sector Rights of Entries can be leveraged to gain access
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to a private premise in case of a fire outbreak or accident: exigent situation, consent,
administrative court order, and judicial search warrant (International Association International
Association of Fire Chiefs, International Association of Arson Investigators, 2014). These
strategies can also be employed in tandem with a fire inquiry. An emergency/exigent situation is
extended to a suitable duration to extinguish a fire and discover the source. Judges ruled that this
circumstance is in the public’s best interests and that the investigators have the upper hand.
However, the emergency only lasts for a short amount of time. If the investigator is unsure of
what constitutes a reasonable period, another way of right of access and entry should be
established.
The owner in legitimate possession of the property should offer consent for the fire
investigators to conduct an initial inquiry. The relevant signed waiver should be used to record
permission granted (International Association International Association of Fire Chiefs,
International Association of Arson Investigators, 2014). An administrative court order to
examine the origin and source of a fire can be acquired from a competent court if it is
demonstrated that consent has not been provided or rejected. In this case, the display of
“probable cause” is unnecessary, but the search must be sensible. Appropriate public interest
must also be proven to justify the investigation. The administrative search warrant is confined to
investigating the cause of the fire. If incriminating evidence is found, a criminal search warrant
must be acquired before the investigation may continue. This warrant authorizes entrance into a
property to search for and gather proof of illegal activity. In this case, a probable reason for the
committed crime must be proven (International Association International Association of Fire
Chiefs, International Association of Arson Investigators, 2014).
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In this specific scenario, the company gained entry through the owners’ consent. Since
they claim that the fire was accidental, they allowed the company to begin their investigations.
However, this consent of access is only valid for a reasonable amount of time as agreed upon by
the property owners and the company agents. The consent is generally supposed to be used to
access only the affected building while everything else around it is excluded. Although they have
permission to carry out investigations that would lead them to the cause of the fire, they are
limited to using reasonable means that are publicly agreeable.
Kitchen fires cause the most accidental fire damage. It is more than possible to generate a
fire through cooking oil when the person cooking is inattentive (Olawoyin, 2018). The fire only
affected specific home areas based on the pictures, which means that certain consent is needed.
As the on-call fire investigator, I recommend the request for consent inquiry and a criminal
search warrant. The consent inquiry would allow me to investigate the areas that the owners are
comfortable with, while the criminal search warrant would allow me to collect evidence related
to a potential homicide.
The investigation evidence will be collected after the fire has been extinguished. The
investigation will encompass a thorough examination of the area affected by the fire to determine
its origin and source. Preferably, the process will begin with an external evaluation of the site.
This facilitates the detection of the access route, breaking indicators, evidence of the source,
cause of the fire, and any potential safety hazards (Olawoyin, 2018). Additionally, all the doors
and windows must be checked to determine whether they were locked during the fire.
Establishing the source of the fire can provide substantial evidence about the potential cause of
the fire. An investigator may identify objects associated with ignition to find the origin of the
fire. The investigator’s goal will be to ascertain if the fire was unintentional, natural, or
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inconclusive (Olawoyin, 2018). Material related directly to the fire, such as fuel sources, may be
uncovered at the scene. In addition to analyzing the items on the scene, the habits of those who
live or work in the building should be investigated.
Conclusion and Recommendation
Fires affect not only the direct victims but also the community at large. Fire investigators
are responsible for finding out the cause of fires and advising community members on better fire
practices. This paper addresses the procedures that an on-call fire investigator must follow to
investigate a fire incident in home dwellings. The fire extinguishing company can provide the
victims with the necessary information to resolve the fire case through this process.
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References
International Association International Association of Fire Chiefs, International Association of
Arson Investigators. (2014). Fire Investigator Principles and Practice to NFPA 921 and
1033 (5 th ed.). Jones & Bartlett Publishers.
Olawoyin, R. (2018). Nanotechnology: The future of fire safety. Safety Science, 110, 214-221.
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