This group is dedicated to giving general answers to your legal questions. The forum is hosted by experts in fire service law throughout the nation. Attorneys will respond to issues posted on this site.
I am looking for opinions as to the true legal application of NFPA standards. Can they be used with the power of law? do they truly provide a case towards negligence if not adhered to? I have heard conflicting opinions and wanted to see how others look at the issue.
I have recently attended training were the topic was discussed. NFPA standards are ANSI approved. ANSI was established by U.S. Congress. This is where these standards can carry the force of law in the court system. NFPA 921 which is a guide and not standard has been accepted in all federal courts and many state courts as the standard by which all fire investigations must be conducted. Failure to conduct your fire investigation in accordance with Scientific Method as stated in NFPA 921 will terminate your case in court. Failure to conduct your fire investigation in accordance with the Scientific Method as stated in NFPA 921 can result in a malpractice lawsuit being filed against an investigator.
The NFPA 1033 the standard for professional qualifications for fire investigators references NFPA 921 throughout the standard. This has brought NFPA 921 to the level of a standard by reference. When fire investigation case goes to civil court for subrogation many times liability claims are based on non-compliance with NFPA standards such as the electrical code, fire code or alarm code. Is it possible that we will see cases based on non-compliance with NFPA 1710 in the future? I think so. I don't think it will matter whether or not the state legislature has adopted it. It is an ANSI standard which makes it a recognized and enforceable regulation by the authority of the U.S. Congress.
I don't think the ANSI adoption makes a difference, although there are certain private fire investigators who push NFPA 921 (they usually sit on the committee!) like it has the force of law. Many courts do use 921 as "the standard" for fire investigations with respect to Daubert challenges testing the admissability of the experts opinion. But, the court is looking at the reliability of the work compared to a standard, not whether the standard has been adopted by ANSI. Additionally, there are still courts who reject, in part or whole, using 921 as the sole benchmark upon which to judge an investigators work. Having said that, the trend in the court systems is to look at NFPA standards as benchmarks. You will see them utilized in reports and court cases more often in the future. Read the recent NIOSH report rre Charleston. Chip Comstock
Barry Aptt
Dec 1, 2008
The NFPA 1033 the standard for professional qualifications for fire investigators references NFPA 921 throughout the standard. This has brought NFPA 921 to the level of a standard by reference. When fire investigation case goes to civil court for subrogation many times liability claims are based on non-compliance with NFPA standards such as the electrical code, fire code or alarm code. Is it possible that we will see cases based on non-compliance with NFPA 1710 in the future? I think so. I don't think it will matter whether or not the state legislature has adopted it. It is an ANSI standard which makes it a recognized and enforceable regulation by the authority of the U.S. Congress.
Feb 18, 2009
David "Chip" Comstock Jr.
Feb 26, 2009