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Q. Why must powered equipment be refueled away from the fire scene? A. It is important to set up a refueling station at the fire scene. All powered equipment such as saws and positive pressure fans must be removed from the scene of the fire before they are refueled. This is important for two major reasons. The first reason is one of safety. The fumes that flow from equipment when being filled are extremely flammable. If these fumes spread to an area of open flame, spark, or glowing ember, a flash fire may occur spreading back to the equipment being refueled. This may cause injury to the fire fighter filling the equipment. The second reason for removing equipment away from the scene to refill is contamination. If there is an accidental spill of fuel during the refilling operation, this fuel may be spread through out the fire scene on the feet of fire fighters. Hydrocarbon detectors used by fire investigators will pick up this contamination of the scene. It will be difficult to separate the contamination from any evidence of intentionally poured flammable liquids that may have been used to start, spread or accelerate a fire. Please ensure that a refueling station is set up in a safe, well-ventilated area away from the fire scene. Q. Why is it important to leave a Fire Fighter at the scene of a fire? A. Paragraph 55 of the Fires Prevention Act lays out the duties of the Fire Chief acting as a Local Assistant to the Fire Commissioner. This paragraph gives the Fire Chief the authority to enter a building where a fire has occurred and determine the cause of the fire. The Fire Chief can close the building and prevent entry by any person for a reasonable period of time. When a Fire Chief requests the assistance of the Fire Commissioner's Office in determining the origin and cause of a fire, it is the responsibility of the Fire Chief to maintain custody of the scene until the Investigator arrives. This includes preserving the scene and protecting the evidence. The Fire Department's authority over the scene ends when the last member of the department leaves the scene. If the Fire Department leaves the scene of the fire before the Investigator arrives, the Fire Department and the Investigator have no right of entry. An administrative search warrant or a letter of consent will have to be produced in order to re-enter the building. Any physical evidence or samples taken from the fire scene must follow a chain of custody. To ensure admissibility of a sample, the chain of custody must be established and maintained. If the scene is left unsecured for any period of time, the chain of custody of any remaining evidence is lost. Any evidence discovered after this point might not be admissible in court. It is of extreme importance that a member of the Fire Department stays at the scene of a fire until an Investigator arrives. This will maintain custody of the scene and any evidence that may be discovered after the investigator arrives. If you have any questions on this subject, please feel free to call the Fire Investigation Section in Winnipeg at (204) 945-3322 or in Brandon at (204) 726-6855. Manitoba Emergency Services College Codes & Standards Investigations Municipal Support Emergency Response Administration top
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