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By Charles C. Roberts, Jr. Ph. D., P.E.

Event data recorders are typically electronic devices that store information received from sensors connected to the device.  An event data recorder is often referred to as a “black box,” a familiar recording device found on many large passenger aircraft. Event data recorders are now being designed into many other products to aid in diagnosing problems that may arise with usage of the product.  Automobiles, electronic panels, alarm systems and some appliances are equipped with event data recorders.  When a loss occurs, it is becoming more likely that some evidentiary information concerning the loss will be recorded on some device.  Typical recorded data may be the time a heat sensor activated in a fire alarm panel, the number of loads handled by a clothes dryer, or the speed of an automobile prior to a collision.  The following three examples illustrate the type of data retained in “black boxes” and their significance.  It should be noted that this article deals with numerical data retained and not visual data retained from the prolific surveillance camera.

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Order granting Motion for Spoliation sanctions and dismissing for failure to follow NFPA 921. Nothing groundbreaking here, but a good discussion of the basics and how poor housekeeping led to a very bad result.  Submitted by Michael Durr, Experienced Tennessee Subrogation & Recovery Attorney, on LinkedIn for discussion.  Click here to join the discussion.

BACKGROUND

The facts of this case are generally undisputed and have been set forth in detail, for the most part, in the Court’s prior Order on Defendant’s Motion for Spoliation Sanctions. (Dkt. No. 35.) In sum, Plaintiff Bear River claims that the speed control deactivation switch (SCDS) in the 1994 Ford F-150 pickup truck owned by its insureds, Jeff and Julie Schoepf, was defective and caused a fire that spread from the truck to the Schoepf’s house.1 Bear River’s claim is based on an investigation conducted by Bear River’s expert, Tad Norris, a fire investigator with IC Specialty Services, who was assigned to inspect the scene and determine the origin of the fire.  On behalf of Bear River, Mr. Norris inspected the scene and decided what evidence should be preserved without Ford’s presence, consent or input. As part of that investigation, Mr. Norris removed the SCDS’ hexport and electrical housing and claims that he sent both to another expert, Jeff Morrill, who requested an examination of the hexport. Mr. Morrill acknowledged receipt of the hexport, but claims he never received the electrical housing. Following Norris’ inspection and investigation, the scene of the fire was destroyed. Additionally, Plaintiff lost the hexport before it could be inspected and tested by Ford, and Plaintiff lost the electrical housing before inspection and/or testing by anyone.

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Abstract

Grilling has become part of many celebrations and regular meals. Unfortunately, grilling also causes fires and burns. National estimates of reported fires derived from the U.S. Fire Administration’s National Fire Incident Reporting System (NFIRS) and NFPA’s annual fire department experience survey show that in 2009-2013, grills, hibachis or barbecues were involved in an average of 8,900 home fires per year, including an average of 3,900 structure fires and 5,100 outside or unclassified fires. These 8,900 fires caused annual averages of 10 civilian deaths, 160 reported civilian injuries, and $118 million in direct property damage. Almost all of the losses resulted from structure fires. Five out of six grills involved in reported fires were fueled by gas. The leading causes of grill fires were a failure to clean, having the grill too close to something that could catch fire and leaving the grill unattended. Leaks or breaks were primarily a problem with gas grills. In 2014, 8,700 thermal burns involving grills were seen in hospital emergency departments. Roughly three out of five thermal burns were non-fire burns, typically caused by contact with the grill or its contents. Children under five accounted for one-third of the contact burns involving grills.

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On May 18, 2017, the United States District Court, Eastern District of Pennsyvania, ruled that a plaintiff's electrical engineering expert could not testify regarding the origin of a fire and fur excluded a portion of his testimony regarding the fire cause.

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This article was member submitted and includes a short comment about the article at the bottom.

Selecting Among Engineer Experts (aka, What Kind of Expert Do I need for This Loss?) JH Nolt June 29, 2017
Do you want your Proctologist doing your Neuro-surgery? They are both licensed MDs aren't they?
Do you want your Wills and Trusts Attorney working on your Subrogation case? They are both licensed Attorneys aren't they?
Do you want your Workman's Comp adjuster handling your Large Property Liability loss? Adjusters are all licensed adjusters aren't they?
Similar concerns exist amont the various engineering disciplines and licenses. They are all forensic engineers aren't they?
In a word - No, No, No and No.

While there are over 10,000 different types of experts, in California there are eighteen types of licensed engineers.  

The three main types are:
  • Civil
  • Electrical
  • Mechanical

 

The others are:

  • Agricultural Engineer
  • Chemical Engineer
  • Control System Engineer
  • Corrosion Engineer
  • Fire Protection Engineer
  • Industrial Engineer
  • Manufacturing Engineer
  • Metallurgical Engineer
  • Nuclear Engineer
  • Petroleum Engineer
  • Quality Engineer
  • Safety Engineer
  • Soils (Gotechnical) Engineer
  • Structural Engineer
  • Traffic Engineer

 

 

 

 

 

To obtain any of these licenses, there are specific education, experience, expertise, examination and professional peer recommendation requirements that are reviewed and approved (or rejected) by technical peers before the license is granted.

The following pages try to help you understand the differences amount the engineer types so you make better expert selections at the beginning of your loss investigation.  At the end, website addresses are provided so you can check an engineering expert for proper licensure.

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A phase-out of environmentally damaging chemicals means that most refrigerators, freezers, and air conditioners may soon be using flammable refrigerants.

BY JESSE ROMAN

 

Like a suitor spurned over and over in love, the refrigeration and air conditioning industries can’t seem to find a good partner. While the mechanics of these indispensible technologies have been stable for decades, the substances that circulate through them absorbing heat and cooling the air—aptly named refrigerants—keep finding ways to foul things up.

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White Paper: Revisiting Flammable Refrigerants

Introduction
Since the 1989 Montreal Protocol and its successor agreements, the world of
refrigerants has been marked by change. In the search for more environmentally-
preferable refrigerants, technology has moved from chlorofluorocarbons
to a host of alternative substances. Many of these substances are serving as
interim measures, until the phase-out of ozone-depleting and global-warming
refrigerants meets the targets set by the U.S. Clean Air Act. The journey toward
compliance has caused the HVAC equipment and appliance industries to revisit the
potential use of substances that have good environmental and thermodynamic
properties as refrigerants, but which are also, unfortunately, flammable.

Introduction

Since the 1989 Montreal Protocol and its successor agreements, the world of refrigerants has been marked by change. In the search for more environmentally-preferable refrigerants, technology has moved from chlorofluorocarbons to a host of alternative substances. Many of these substances are serving as interim measures, until the phase-out of ozone-depleting and global-warming refrigerants meets the targets set by the U.S. Clean Air Act. The journey toward compliance has caused the HVAC equipment and appliance industries to revisit the potential use of substances that have good environmental and thermodynamic properties as refrigerants, but which are also, unfortunately, flammable.

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Cree Recalls LED T8 Lamps

Description

This recall involves Cree LED T8 lamps used indoors to replace traditional two pin T8 fluorescent tubes. The white lamps have a cylindrical shape and measure 48 inches long. The affected units are marked as “BT848 Series Lamp” with the product part number on the lamp itself or printed on a white label affixed to the lamp. A four digit date code is printed on the lamp under a statement that reads “Compatible with Instant Start, Rapid Start and Dimmable Electronic Ballasts.”

 

Read the details at CPSC

IAAI - ITC 2015

IAAI President Peter Mansi welcomed everyone to the International Association of Arson Investigators 66th International Training Conference in Chicago, Illinois this past week, May 18th – 22nd.  Around 600 attendees were on hand for a great schedule of classes during the week.  Approximately 40 of those attendees were from Central America countries requiring translation throughout the week.  CCAI Director Robert Rullan gave a presentation on “CSI” as part of the training as well as assisting with the translation needs of the students.  

On opening day, CCAI’s 1st VP, Dale Feb, taught a four-hour class titled “Hearth Products Ignition Source or First Fuel Ignited”.  CCAI Member Steve Carmen taught two two-hour classes; “Math for Fire Investigators” and “Elevated Fire Origin Research”.  CCAI Member John DeHaan joined up with Instructors Chris Connealy and Kelly Kistner in presenting “Arson Convictions:  Reviewing the Science – The Texas Experience”.  Jamie and Cameron Novak were on hand to set things on fire in "Burn to Learn".  Rounding out the week was Mike Bryant teaching "Investigative Interviewing for Fire Investigations. Many other instructors joined in the training and in all, four separate tracks of education were presented throughout the weeklong conference.

CCAI President Eric Emmanuel represented the CCAI Chapter at the “Presidents Reception” on Sunday night, again during “Opening Ceremonies” on Monday Morning, at the “Chapters Presidents Luncheon” on Tuesday, during the IAAI “Annual General Meeting” on Tuesday afternoon and at the “Awards and Installation Banquet” on Tuesday night.  He was seen throughout the week engaging different individuals in conversations and promoting CCAI.

IAAI hosted a Vendor Room where approximately 30 different companies set up display booths and provided valuable information to the attendees.  A very active Spousal Program visited some of the many sights and attractions that Chicago has to offer.  Monday was spent at the Local Boutiques and Hummel Museum.  On Tuesday, the highlight of the week, they visited the Chicago Fire Academy and Fire Museum.  Wednesday and Thursday were spent exploring many of the hot spots around the “Windy City” including the Navy Pier, Sky Deck Chicago, Millennium Park and the Cloud Gate Sculpture, Art Institute Museum, Field Museum of Natural History, Museum of Contemporary Art, Shedd Aquarium and Adler Planetarium.  The week included lunches at the Hard Rock Café, Rainforest Café, and many of Chicago’s authentic hot dog and pizza restaurants.  Before departure on Friday, the group held a farewell breakfast at the hotel.  Approximately 28 people participated in the Spousal Program.

During the IAAI “Annual General Meeting”, elections were held.  Dan Heenan (Nevada) was sworn in as President, George Codding (Colorado) was sworn in as 1st VP and Scott Bennett (Ohio) was elected as 2nd VP.  Darrell Sanders (Louisiana), William T. Moreland (Florida) and Kevin Crawford (Colorado), Chris Van Vleet (Kansas) were elected to the serve three-year terms on the IAAI Board of Directors.  Joe Sesniak (Arizona) was elected to serve a three-year term on the IAAI Foundation Board of Directors, and David Snead (Texas) was reelected as president of the Foundation.  Immediately following the election, nominations were opened for 2016.  CCAI Board Member Robert Rullan was nominated to run for a Director Position next year.

CCAI members Troy Morrison, Jim Allen, Kathryn Varner, Don Perkins, Dennis Fields, Bill Kilpatrick and his wife Debbie, Tom Fee and others made a great showing for California Chapter 22.

Superior Court of Arizona Maricopa County - Under Advisement Ruling

UNDER ADVISEMENT RULING

The Court has had under advisement Plaintiff Barbara A. Sloan’s (“Sloan”) Rule 60 Motion.  Having read and considered the briefing and having heard oral argument, the Court issues the following ruling.

Ruling Document 

CoScentrix Expands Recall of DD Brand Candles; Exclusively at Hobby Lobby

Description

This recall involves four types of DD branded single-wick candles: Mason jars in 5- and 12- ounce sizes, decorative jars in 10- and 20-ounce sizes, 13-ounce coffee tins and 13-ounce jars with a holiday theme. The candles were sold in a variety of fragrances and colors.

The 5-ounce Mason jars are 2.25 inches wide by 3.75 inches high. The 12-ounce Mason jars are 3 inches wide by 5 inches high. The jars have gray metal lids. The DD logo and the word Handcrafted are in raised letters on the front of the jars. The candle fragrance and size are printed on a hang tang attached to the mouth of the jars.

The 10-ounce decorative jars are 4 inches wide by 3 inches high. The 20-ounce decorative jars are 5 inches wide by 4 inches high and hold a candle. The jars have gray metal lids with the DD logo in raised letters on the top. The candle fragrance and size are printed on a rectangular label on the front of the jar.

The 13-ounce coffee tins are 3.5 inches wide by 4 inches high and have a silver metal lid. The candle size and fragrance are printed on a label that wraps around the outside of the tin.

The 13-ounce holiday candle jars are 3.75 inches wide by 4 inches high and have silver metal lids with the DD logo in raised letters on the top.  The DD logo inside a floral wreath, the fragrance and size are printed directly onto the front of the jar in silver.

See the full details at CPSC

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