6.3 Arson Awareness, Fire-Setting Indicators, & Fire Scene Preservation
Key Takeaways
Under N.J.S.A. 2C:17-1, aggravated arson is a second-degree crime, arson is a third-degree crime, and paying or accepting money to start a fire is a first-degree crime.
A person under an official, contractual, or other legal duty to prevent or combat a fire commits a fourth-degree crime by failing to control it when safely possible or to give a prompt fire alarm.
Arson indicators include multiple points of origin, trailers, accelerant odors, disabled sprinklers or alarms, removed valuables, and repeated small nuisance fires.
Security officers report objective observations such as times, smoke and flame behavior, odors, and people or vehicles leaving, and leave cause determination to fire investigators.
After a fire, officers control access with an entry log, prevent cleanup or removal of debris, and preserve CCTV and access records until investigators release the scene.
6.3 Arson Awareness, Fire-Setting Indicators, & Fire Scene Preservation
Core Legal Rule: New Jersey grades arson by intent and danger under N.J.S.A. 2C:17-1. Aggravated arson is a second-degree crime, arson is a third-degree crime, and paying or accepting money to start a fire is a first-degree crime. Security officers should also know subsection (c): a person who knows a fire is endangering life or substantial property and fails to take reasonable measures to control it, or to give a prompt fire alarm, commits a fourth-degree crime if that person is under an official, contractual, or other legal duty to prevent or combat the fire. A guard paid to protect a site can have exactly that kind of contractual duty.
Arson is one of the three "critical incident awareness" topics listed in N.J.A.C. 13:55A-4.1(b)5, along with suspicious packages and fire prevention. Section 5.2 covers fire chemistry and extinguishers. This section covers deliberately set fires: the law, the warning signs, and your duties before, during, and after a suspicious fire.
1. New Jersey Arson Offenses (N.J.S.A. 2C:17-1)
| Offense | Grade | Core elements |
|---|---|---|
| Aggravated arson (subsection a) | 2nd degree | Starting a fire or causing an explosion, whether on one's own property or another's, and thereby purposely or knowingly placing another person in danger of death or bodily injury. Also covers doing so with the purpose of destroying a building or structure of another, collecting insurance, evading zoning or building laws, or destroying a forest |
| Arson (subsection b) | 3rd degree | Purposely starting a fire or causing an explosion and thereby recklessly placing a person, or another's building or structure, in danger. Also covers the insurance and zoning purposes, and recklessly endangering a forest |
| Failure to control or report a dangerous fire (subsection c) | 4th degree | Knowing a fire endangers life or substantial property and failing to take reasonable measures to control it (when possible without substantial risk to oneself) or to give a prompt fire alarm, when the person is under an official, contractual, or other legal duty to prevent or combat the fire, or started it or allowed it on property in their custody |
| Arson for hire (subsection d) | 1st degree | Paying, accepting, or offering any consideration to start a fire or cause an explosion in violation of the statute |
| Place of worship (subsection g) | 1st degree | Arson or aggravated arson of a church, synagogue, temple, or other place of public worship, with a mandatory minimum of 15 years without parole |
| Health care facility (subsection e) | Imprisonment required | Aggravated arson targeting a health care facility or physician's office |
What subsection (c) means on post: The law does not require you to fight a fire at the risk of your life. The duty is "reasonable measures ... when he can do so without substantial risk to himself" or "to give prompt fire alarm." Pulling the alarm and calling 911 immediately meets the reporting duty. Ignoring a fire, or delaying the alarm to avoid embarrassment, does not.
2. Why Fires Are Set
Knowing common motives helps you recognize warning signs:
| Motive | Typical signs |
|---|---|
| Profit / insurance fraud | Business in financial trouble; inventory or records removed before the fire; fire in an unoccupied building after hours |
| Revenge or spite | Recent firing, dispute, or threat; fire at a specific person's office or vehicle |
| Vandalism or thrill | Juveniles or trespassers; fires in dumpsters, vacant buildings, brush, or portable toilets |
| Crime concealment | Fire set to destroy evidence of a burglary, theft, or homicide; signs of forced entry |
| Extremism or terrorism | Targeting symbolic sites such as places of worship, government offices, or controversial businesses; writings or threats (Section 6.1) |
| Compulsive fire-setting | Repeated small fires in the same area; the same person often present or "first to report" |
3. Arson Warning Signs on Patrol
Before a Fire (Prevention Indicators)
- Fire protection tampered with: sprinkler valves closed, alarm panels in trouble or silenced, smoke detectors covered, extinguishers missing, fire doors wedged open.
- Combustibles staged against a building: pallets, cardboard, trash, or containers of gasoline or solvents where they do not belong.
- Repeated "nuisance" fires in trash cans, restrooms, or stairwells. Treat a pattern as a threat, not as bad luck.
- Unusual removals: equipment, files, or inventory moved out shortly before closing or on a weekend.
- Threats: verbal or written threats to "burn the place down." Threatening arson with purpose to terrorize can be a terroristic threat (N.J.S.A. 2C:12-3, Section 3.2).
- Unauthorized persons in storage rooms, attics, or mechanical rooms, or doors found unlocked in a normally secured building.
During or After a Fire (Incendiary Indicators)
Fire investigators, not security officers, determine the cause of a fire. However, your observations are valuable evidence:
- More than one point of origin: separate fires in different rooms.
- Trailers: lines of paper, cloth, or liquid pour patterns connecting fires.
- Odors of gasoline, kerosene, or other accelerants.
- Unusually rapid spread or intense burning for the contents present.
- Remains of devices: candles, matches, road flares, timers, or containers.
- People or vehicles leaving quickly; spectators who are unusually excited or eager to help; the same person showing up at repeated fires.
- Doors and windows: forced entry, or doors blocked or tied shut.
Report what you saw, not conclusions. Write "Strong gasoline odor at east stairwell door at 0212" rather than "Arsonist used gasoline."
4. Responding to a Suspicious Fire
- Alarm and 911 immediately. Activate the fire alarm and call 911 with the exact location (Section 5.1). This satisfies the reporting duty in N.J.S.A. 2C:17-1(c).
- Life safety first. Help occupants evacuate (Section 5.3). Fight the fire only if it is in its incipient stage and all the conditions in Section 5.2 are met.
- Observe and remember. Note:
- The time you first saw or smelled the fire, and where;
- Smoke and flame color and volume, and how fast the fire spread;
- Sounds such as explosions or breaking glass;
- People and vehicles in the area (use SALUTE, Section 6.1).
- Meet the fire department and brief the Incident Commander. Report anything suspicious, such as disabled sprinklers or an accelerant odor.
- Stay out. Never re-enter a burning or smoke-filled building.
5. Preserving the Fire Scene
After the fire is out, the scene becomes the fire investigators' responsibility. It may be handled by the local fire official or fire marshal, a county or prosecutor's arson unit, or the police. Security's job is to protect it until they release it:
| Do | Do not |
|---|---|
| Control access to the area; keep an entry log of everyone who goes in (name, agency, time) | Let employees or cleaning crews start cleanup or remove debris |
| Keep the location of containers, devices, and debris exactly as found | Pick up, move, or smell "evidence" containers |
| Preserve CCTV and access-control logs before they are overwritten | Share observations on social media or with the press |
| Identify witnesses and keyholders, and note who had access | Offer theories to the insurer or the owner about who did it |
| Photograph from outside the scene if your post orders allow | Walk through the scene "to take a look" |
A fire scene is a crime scene until investigators decide otherwise. The chain-of-custody and scene-log rules in Section 7.3 apply.
6. Prevention Patrol Checklist
- Keep dumpsters, pallets, and recycling away from building walls, doors, and eaves as the site's fire-code plan requires.
- Keep flammable liquids locked in approved cabinets or storage rooms.
- Keep exterior lighting working, and report dark areas.
- Report fire protection impairments at once: closed sprinkler valves, panels in trouble, blocked hydrants or fire department connections.
- Secure vacant or construction areas, and remove easy fuel.
- Challenge and log unauthorized persons near storage and mechanical areas.
- Document every small fire, even one that burned out on its own, and report patterns.
7. Scenario: The Third Trash-Can Fire
Scenario: Over two weeks, an officer finds three small fires in second-floor restroom trash cans at an office building. All burned out without damage. Each time, the same maintenance contractor reported the smoke. After the third fire the contractor says, "Somebody wants this place to burn."
Analysis: A pattern of small fires is an arson warning sign, not a housekeeping issue. The officer should:
- Report every fire to the fire department as it happens;
- Document the times, locations, and who reported each one;
- Preserve CCTV of the corridor;
- Alert the client and the security supervisor to the pattern.
The officer should not accuse the contractor. Being first to report is not proof of anything, and an accusation could be defamation. Investigators will evaluate the pattern. If the building catches fire, anyone with a contractual duty who failed to give a prompt alarm faces liability under N.J.S.A. 2C:17-1(c).
A contract security officer notices smoke in a warehouse she is paid to protect, but she decides not to sound the alarm or call anyone because she might be blamed. Which New Jersey offense may apply?
Defiant trespass
Failure to control or report a dangerous fire, a fourth-degree crime under N.J.S.A. 2C:17-1(c)
Aggravated arson, a second-degree crime
No offense, because only firefighters have a duty to act
Which observation is the strongest arson indicator an officer should report to fire investigators?
A single wastebasket fire next to a discarded cigarette in a smoking area
Fire damage limited to a kitchen toaster that shorted out
Separate fires burning in two different rooms with a strong gasoline odor
A fire alarm that activated during a scheduled test
After the fire department extinguishes a suspicious fire, the building manager asks the security officer to let the cleaning crew start removing debris. What should the officer do?
Allow cleanup so the business can reopen quickly
Remove any fuel containers personally and store them in the security office
Let the cleaning crew in but keep a list of what they throw away
Keep the area secured with an entry log and allow no cleanup until investigators release the scene
Sections you finish are checked off in the contents.