If you haven't already seen the program, Burned: "20/20" Investigates Three Alleged Arson Cases with the Help of the Nation's Leading Fire Experts and the Latest Techniques, then you should consider treating yourself to some very interesting -- and rather disturbing -- viewing

After watching the 20/20 special, I thought to myself that most of the "facts" used in the decades prior -- when lives were destroyed by inaccurate, non-scientifically based investigations -- had actually been put to rest by the fire scientist. I was surprised when I began internet research and found many documents, articles, and training programs that still build investigations based on these myths and old wives' tales. Why are we observing the continuation of these tales when many have been disproved and reportedly, put to bed? The main reason is that for many fire investigators, their training began and ended with the fire service. During my 31 years in the fire service, we learned what fire patterns to look for at a blaze but rarely the science behind the information.

How does this affect you? There have been many new actors entering the private fire investigation field over the past few years. If you are the person who requests, recommends, or hires the fire investigator for a claim, then do you really know how well qualified they are for the job? What do all of those letters behind their names mean? What is their educational background? Are they capable of writing an accurate, effective report? Are they capable of speaking on the witness stand? How do they conduct their investigations? Do they conduct interviews, a neighborhood canvas, and background checks? Let's examine some of these issues more closely.

A fire investigator does not have to be licensed, with the exception of a private investigator's (PI) license in some states. So what is their background and training certification? Most arson and fire investigators started their careers in either law enforcement or firefighting and then began to specialize in fire and arson investigation. The law enforcement officers have investigation experience, whereas, the firefighter has more fire experience. I personally believe that you are at a distinct disadvantage if you have not had the opportunity to watch a fire grow, move through a building, interact with various construction features and fuels, and most important, be able to observe the aftermath of a fire. Most investigators, who have come from the fire service, have had the opportunity to see fires that were extinguished during the incipient stage, free burning stage, flashover, and full building involvement. The fire patterns can change dramatically during flashover and full building involvement.

Now let's discuss the certifications and educational opportunities available. The National Association of Fire Investigators (NAFI) offers three certification programs. The basic certification for fire investigators is the Certified Fire and Explosion Investigator (CFEI).

NAFI: CFEI

According to the NAFI website, the Certified Fire and Explosion Investigator (CFEI) program began in 1983, and the designation of CFEI is a confirmation of an investigator's skills and experience. The CFEI certification is a two-part process that includes a credentials review based on the completion of the CFEI application and the successful completion of the CFEI examination. This is the bare-minimum certification that should be accepted to hire a fire investigator. NAFI has also addressed other needs with its advanced certifications.

NAFI-CVFI

The Certified Vehicle Fire Investigator (CVFI) program was designed to provide improved analytical skills for fire investigators engaged in the investigation and analysis of fires and explosions in motor vehicles, including RVs. To obtain the CVFI certification, the applicant must have their CFEI and attend a 36-hour NAFI sponsored vehicle investigation class. If your company is involved with vehicle policies and requires vehicle fire investigations, then this certification should be a requirement for your fire investigators.

NAFI-CFII

The Certified Fire Investigator Instructor (CFII) program was designed to provide the basic skills essential for the person providing training and education programs. This certification would not carry much weight in my selection of a fire investigator as the one day course focuses on the theory and methods of learning, curriculum and lesson plan development and instructional techniques. To obtain this certification, the applicant must pass be a CFEI and pass a three step process which involves attending an eight hour class and passing an exam.

The NAFI certifications can be obtained by attending certain courses and passing an exam. The applicant need not have experience as an arson or fire investigator with law enforcement or have a fire service background. The CFEI designation must be obtained to take the advanced courses.

The International Association of Arson Investigators (IAAI) is the oldest fire investigation association, as it was founded in 1949 by a group of public and private officials to address fire and arson issues. It became a viable and functional association when it was chartered as a nonprofit organization in Louisville, Kentucky in 1951. According to its website, the IAAI became an organization because of the need and necessity of training and education in the uncharted waters of fire and arson investigation, which was nonexistent at that time. The IAAI offers two certification programs.

The most coveted and professionally recognized fire investigator certification is the International Association of Arson Investigators - Certified Fire Investigator designation (IAAI-CFI).

IAAI-CFI

The IAAI-CFI program is the most professionally recognized designation. According to the IAAI website, the CFI program is an established process for identifying and recognizing a fire investigator's expertise. What is most important is that the program is accredited by the National Board of Fire Service Professional Qualifications (Pro Board).

A candidate must complete an in-depth application denoting past training, experience, and expert testimony. The difference in the application process between the IAAI-CFI and the NAFI-CFEI is that all of the education, training, and experience that the applicant list on the application must be verified through training records, documents, and letters. The committee takes nothing for granted. It's the old adage, "if it's not in writing and you can't prove it, then it didn't happen." These point totals are subject to maximums in each of these areas, which further help ensure substantial field experience as opposed to a primarily academic or theoretical background. Furthermore, the IAAI training programs are heavily based on the NFPA standards.

Once each area on the application is verified, applicants may take the CFI examination. After the applicants pass the examination, they are then eligible to become Pro Board Certified through the Pro Board Fire Service Professional Qualifications System as part of the International Accreditation for Fire Service Organizations. According to its website, the Pro Board accredits organizations that use the National Fire Protection Association's (NFPA's) professional qualification standards. There are several reasons why professional certification is vital, but the most important reason is that it provides a standardized mechanism to distinguish an individual's training and expertise. By maintaining certification, a fire investigator stays informed of the latest methods and theories and is duly recognized for accomplishments.

IAAI-FIT

Administered by the IAAI, the Fire Investigation Technician program (IAAI-FIT) is designed to verify an applicant's level of fundamental knowledge as measured against various core job performance requirements (JPR) of established professional qualifications standards related to fire investigation. This measurement is not all-inclusive of the incorporated professional standards cited. However, it lays the foundation for measuring the holder's fundamental understanding of how to perform specific tasks pertaining to fire scene investigation at an acceptable level. It is designed as an entry level certification program for those who have not yet met the requirements for the IAAI-CFI.

The FIT program is based on the professional qualifications standards core JPRs found in certain sections of NFPA 1021, Standard for Fire Officers Professional Qualifications, 2009 edition; NFPA 1033, Standard for Professional Qualifications for Fire Investigators, 2009 edition; and NFPA 1037, Standard for Professional Qualifications for Fire Marshal, 2007 edition. The applicant for the IAAI-FIT must provide documentation of meeting minimum program requirements including work experience; and training and education and achieve a passing score on the comprehensive examination as established by the IAAI.

As stated before, the IAAI-CFI is the elite professional certification. The certifications are just a part of the overall package. Let's examine the educational needs of a fire investigator and why they are important.

The fire investigation field has taken a big hit lately, as there is a grassroots movement to throw out many arson convictions based on what the legal community calls "convictions based on old wives' tales, myths and pseudo-science." As the legal climate changes, there is greater need for fire investigators to adopt a rigorous scientific foundation for their investigations. It is time to bring real science to fire investigations. The problem is, many, if not most, fire investigators are making judgments of arson and fire origin and cause but have little to no scientific training. This may explain why the acceptance of 921 was so slow among the fire investigation community. It is difficult to accept that what you have been taught for decades has now been proven through science to be wrong. In a 2005 fire investigation study, the New York Arson Board reported that half of the team members identified as responsible for conducting fire/arson investigations lack appropriate training and certification.

The U.S. Supreme Court Case of Daubert v. Merrill Dow Pharmaceuticals ruled that expert testimony in areas of untested scientific theory, or as some say, "junk science," requires proving the scientific reliability of every aspect of the analysis used to reach a final opinion. The U.S. Court of Appeals has applied it to fire investigation in Michigan Miller's Mutual v. Benfield, U.S.C.A.No.97-9138. Because so many innocent people are being jailed and wrongfully losing their homes and businesses, some say it is probably wise if courts would declare fire investigation a "junk science" until a system with scientific integrity can be put in place.

Establishing Scientific Integrity

How can we begin the process of putting scientific integrity into place? Begin with hiring fire investigators who have a scientific background. In the CVs that you examine, look for scientific college degrees and for courses taken at the college level. The bare minimum that you as an insurance company should demand is an Associate of Applied Science in Fire Science Engineering or Criminology. The Associates in Applied Science provides the basic scientific foundation in the areas of investigation, chemistry and physics, technical writing, and other necessary science based disciplines. After that, look for the investigator who has a Bachelor of Science (B.S.) or a Master's of Science (M.S.). This is because you cannot explain scientific principles to people who have not learned to think in scientific terms. The fire investigation community has been self-disciplined for such a long time that change may have to come from an external source and the only way to move toward scientific-based origin and cause fire investigations is to hire investigators who possess a scientific-based education. As attorneys and insurers become more educated in the fire investigation field, they can begin to weed out the ineffective experts.

There is nothing we can do to change public sector fire investigators, but we can change the field of PIs that we use. Look for (and demand) minimum certifications and educational requirements. The minimum should include: IAAI-CFI with an AAS in Fire Engineering or Criminology. Remember that anything past the minimum should be considered. It's like expecting your family doctor to be there for dental needs, cardiac needs, brain surgery, and other specialized medicine. The minimum requirements are sometimes not enough.

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