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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.

Read more...

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.

Citronella Candle Hazard

Members and Friends

As you all are aware, we at CCAI want you to be informed. Therefore, I will relate to you an incident that happened in Irvine, CA.

A young school teacher was living in an upscale three story apartment complex on the second floor. The apartment had one bathroom, one bedroom, a living room, and a kitchen area off the living room. The ceiling above the kitchen was at 7 feet while the rest of the apartment was standard height of 8 feet. The apartment has fire sprinklers and one sprinkler is located above the kitchen counter and would reflect water onto the range and counter top if activated.

For some reason the school teacher was burning a Citronella candle on the counter top adjacent to the sink. The candle she purchased was in a small metal bucket with a hoop handle; the candle was not confined in glass. The teacher was washing dishes in the sink when her cat jumped onto the counter top and knocked over the bucket containing the candle. She reacted and reached for the toppled candle with both hands. In one hand she had a glass that she was washing, which contained an amount of water. Some of the water went into the bucket with the candle. A flame came out of the bucket and caused the sprinkler to activate. The water from the sprinkler also got into the bucket and there was an explosion. This entire event happened in a matter of seconds. 

The thought of a candle exploding was a mystery to me and investigator partner, Harry Hatch. We checked several stores trying to purchase the same type of candle the school teacher had described, but no luck. We wanted to see just what the candle would do and also prove or disprove the event.

After looking up Citronella candle fires on the net, we were very surprised to learn that yes, if you add water to a burning Citronella candle it will flare up and sometimes cause an explosion. We all learn something all the time. Be informed and go to yahoo, type in Citronella candle fires and have a look at the videos; you may be as surprised as we were.

Do not be afraid to write us with your hints or new investigation experiences. CCAI is in the business to keep you up to date and informed.

Be Careful Out There
Brad Hamil
Past President
2010

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