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MARCH 25, 2016 Release Number: 16-127

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Gree Electric Appliances Inc., of Zhuhai, China; Hong Kong Gree Electric Appliances Sales Co. Ltd., of Hong Kong; and Gree USA Sales Ltd., of City of Industry, Calif., have agreed to pay a $15.45 million civil penalty to the government.

The penalty settles charges that Gree:

  • knowingly failed to report a defect and unreasonable risk of serious injury to CPSC immediately (within 24 hours) with dehumidifiers sold under 13 different brand names, including Frigidaire, GE, Gree, Kenmore and Soleus Air, as required by federal law;
  • knowingly made misrepresentations to CPSC staff during its investigation; and
  • sold dehumidifiers bearing the UL safety certification mark knowing that the dehumidifiers did not meet UL flammability standards.

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Barber v. State

Georgia Court of Appeals, Criminal Case (10/26/2012, 11/5/2012) A12A1624

CRIMINAL PRACTICE: Arson, Accident, Jury Charges, Intent, Insurance Fraud

Alert: The statute defining first degree arson, OCGA § 16-7-60 (a) (3), does not require that the accused set the fire with the intent to defraud the insurer, only that the accused knowingly damage[d] by fire or explosive any insured dwelling without the insured's consent.

Headnote: The Court of Appeals affirmed Kelvin D. Barber Jr.'s conviction for first degree arson, as the evidence supported it.  The Court held that the trial court did not erred in failing to charge the jury on Barber's sole defense of accident.  Barber argued that he did not have the requisite intent under OCGA § 16-7-60 (a) (3) because he set the fire in order to commit suicide, not to burn or damage the house or cause loss to the insurer.  He further argued that the evidence was insufficient to show that he set the fire knowing it would spread to or cause damage to other parts of the house.  But the Court explained that § 16-7-60 (a) (3) does not require that the accused set the fire with the intent to defraud the insurer, only that the accused knowingly damage[d] any insured dwelling without the insured's consent by fire or explosive.  Here, the evidence, including Barber's statement to the fire investigators, showed that Barber: poured gasoline and lighter fluid throughout the house and garage, and not just on his person, ripped up books and papers and spread them throughout the upper levels of the house as well, and told investigators that he intended for the house to burn, in addition to the vehicle he was inside.  Barber also argued that the trial court should have charged the jury on his sole defense of accident, arguing that there was at least slight evidence to warrant the charge.  But the Court found that the trial court's charge, given pursuant to Barber's request at trial, included the accident theory of defense.

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From Out of the Abyss...

This week's article is from the June 1950 Vol V, No. 5 issue of the California Conference of Arson Investigators newsletter and was written by Lowell W. Bradford.

Physical Evidence Aspects of Fire Investigation

SUMMARY:

Bugatti is recalling certain model year 2006-208 Veyron vehicles manufactured October 3, 2006, to December 22, 2006. In the affected vehicles, the positive battery (B+) cable and the connection to the alternator may corrode.

CONSEQUENCE:

The corrosion may result in the battery positive cable overheating, increasing the risk of a fire.

Click here for details.

Description

This recall involves Ryobi 40-Volt Brushless Snow Blowers. Item number RY40802 is printed on the data label on the back of the blowers. The snow blowers are black and green with two LED lights located on the front of the unit and are approximately 22 inches wide by 43 inches tall. “RYOBI” is printed on the front of the snow blowers. The models included in this recall are RY40802, RY40802A and RY40822. The model numbers are printed on the packaging. “40 V” is printed on each side of the snow blowers.

Go to CPSC for more details.

SUMMARY:

Jaguar Land Rover North America, LLC (Jaguar) is recalling certain model year 2010 Jaguar XF vehicles manufactured December 17, 2008, to April 15, 2009. The affected vehicles have a fuel tank with an outlet flange that may crack, allowing fuel to leak onto the ground.

CONSEQUENCE:

A fuel leak in the presence of an ignition source may increase the risk of a fire.

Click here for details.

NBC News - Trial by Fire

Visit NBCNews.com for breaking news, world news, and news about the economy

Spoliation of Evidence: A Fire Scene Dilemma

by Guy E. Burnette, Jr., Esquire

Introduction

The term "spoliation" refers to the loss, destruction or alteration of an object which is evidence (or potential evidence) in a legal proceeding.  It is a concept first recognized by courts in England more than a century ago which has only recently taken on significance in this country.  However, it is an issue of particular importance to the field of fire investigation and will likely become increasingly significant as courts are called to decide the consequences of lost or altered physical evidence in fire litigation cases.

Read more...


Recalls

Recall Date: May 22, 2014
Recall Number: 14-190

Cordelia Lighting Recalls Two-Lamp Fluorescent Shop Lights Due to Fire Hazard; Sold Exclusively at Home Depot

Description

This recall involves Commercial Electric brand basic hanging shop lights that use two, 48-inch, two-pin, T8, fluorescent lamps. The recalled shop light is a metal light fixture with four plastic lamp sockets and a white finish. It is 48 inches long, 4.25 inches wide and 2.5 inches high and has two 10.5-inch long chains for hanging. The lamp sockets must be snapped into place during installation. Model number CESL401-06 and SKU number 201-462 are printed on a white label on the top of the fixture.

 

Click here for full details

 

Recall Date: May 13, 2014
Recall Number: 14-173

Paramount Recalls Trident Ultraviolet Sanitation Systems for Pools Due to Fire Hazard

Description

This recall involves all Paramount Trident Series 2 (UV II) ultraviolet sanitation systems.  The sanitation systems are a gray tube that stands 32 inches high by 11 inches in diameter.  They are plumbed into the pool’s water circulation pipes and plugged in or hard-wired into an electrical system. The pool’s water runs through the unit and is sanitized by ultraviolet lamps. This is a secondary sanitation system used in conjunction with chemical sanitizers such as chlorine or bromine. “Trident UV II” or “Series 2 Trident Ultraviolet Corporation UV Sanitation System” is printed on a black label on the front of the units. In addition, a silver sticker on the units has the following wording “Paramount Series 2 Ultraviolet Pool Sanitizer System,” “Trident Series 2 Ultraviolet Water Treatment System” or “Trident Ultra UV Series 2 Water Treatment System” and a date code of 9/9/2013 or later. Some date codes consist of a series of letters. Consumers with letters in the date code need to go to www.1paramount.com to determine if their unit is included in the recall.

 

Click here for full details

Back to Basics: The Fire Tetrahedron

How often have you heard the phrase “back to the basics”? It seems
as though every time you turn around you are being instructed to go
“back to the basics,” whether it’s with our children and their math
homework or it’s in the fire service with establishing a water supply,
advancing a hose line, or conducting ventilation. The “basics” are
those tasks that you need to complete first, and they must be completed
every time.

Coffee Break Training

How often have you heard the phrase “back to the basics”? It seems as though every time you turn around you are being instructed to go “back to the basics,” whether it’s with our children and their math homework or it’s in the fire service with establishing a water supply,advancing a hose line, or conducting ventilation. The “basics” are those tasks that you need to complete first, and they must be completed every time.

Read more... 

White Paper-NHTSA

A Case Study of 214 Fatal Crashes Involving Fire.
Carl L. Ragland
National Highway Traffic Safety Administration
Hsi-Sheng Hsia
Research and Special Programs Administration
United States
Paper Number 9X-S4-O-08
Carl L. Ragland
National Highway Traffic Safety Administration
Hsi-Sheng HsiaResearch and Special Programs Administration
United States
Paper Number 9X-S4-O-08

ABSTRACT
A detailed case study of 214 fatal tire related 
crashes was conducted to determine whether the death was 
caused by the fire or blunt trauma. The cases were also 
examined to determine the specific crash conditions which 
caused the fire. This analysis was necessary because none 
of the existing fatal crash databases contained sufficient 
details to determine the impact configuration or the cause 
of death. Two hundred and ninety three (293) fatalities 
occurred in these crashes. Sixty-five (65) ofthese fatalities 
resulted from fire, with 30 of these fatalities from 16 rear 
impacts. The speed of impact was determined in eight of 
the 16 cases which caused these 30 burn fatalities. In these 
eight cases, the average rear impact speed was 54 mph with 
speeds ranging from 50 - 60 mph, at 7 1% overlap (7 1 % of 
the rear vehicle width engaged), and collinear at 6:00 
O’clock. By projecting these cases to the national sample, 
the number of rear impact fire related fatalities may be 
estimated between 94 and 191.

More Articles...

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