Virginia fire chief, line of duty death

Chief Scott Morrison

UPDATE March 7, 2013: 

Morrison’s family will receive visitors at Holloman-Brown Funeral Home, Great Bridge Chapel, located at 524 Cedar Road in Chesapeake on Saturday, March 9 from 7 p.m. to 9 p.m. A memorial service will be held Sunday, March 10 at 2 p.m. at the Knotts Island Fire Department located at 327 Knotts Island Road.

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Scott Morrison, Chief of the Knotts Island Volunteer Fire Department that serves areas in both North Carolina and Virginia died in the line of duty Sunday afternoon while working on a brush fire, collapsing into respiratory and cardiac arrest at the scene. Randall Edwards, public information officer for Currituck Co., said the Chief was treated at the scene by Currituck EMS and also while en route to a hospital in Virginia.

According to his Facebook page, Chief Morrison became a firefighter in 1984 and worked his way up through the ranks. He leaves behind a wife and two children.

We offer our sincere condolences to Chief Morrison’s family and his fellow members of the fire department.

Firefighter killed in Western Australia

A firefighter in Western Australia was killed by a falling tree branch at 10:30 a.m. Friday morning near the city of Quindanning (map). Here is an excerpt from a report in the Sydney Morning Herald:

The Association of Volunteer Bush Fire Brigades has expressed concern for volunteer firefighters and urged diligence, following the death of a firefighter on Friday.

Sixty-year-old Hori Clarke died when he was hit by a falling limb while clearing burnt trees and rubble with volunteer firefighters in Quindanning, in the state’s south.

AVBF president Mr Terry Hunter, who called Mr Clarke “a member of the AVBFB family”, said the tragedy was a difficult reminder of the many risks volunteers were exposed to every day when they went to work for their local communities.

Our sincere condolences go out to the family of Mr. Clarke and his co-workers.

USFS releases report on Steep Corner Fire fatality

Anne Veseth
Anne Veseth. Photo from the report.

The U.S. Forest Service has released their Serious Accident Investigation Report on the fatality of Anne Veseth, which occurred on the Steep Corner Fire 56 miles northeast of Orofino, Idaho August 12, 2012. The fire was on private property and was being managed by the Clearwater‐Potlatch Timber Protective Association (CPTPA). Ms. Veseth, in her second season working as a firefighter for the USFS, was killed when she was struck by a falling 150-foot tall fire-weakened green cedar tree. The tree fell on its own and was 13 inches in diameter where it struck her.

The USFS report came out a few days after OSHA issued a citation to the organization managing the fire, the Clearwater-Potlatch Timber Protective Association (CPTPA). The citation comes with a “Notification of Penalty”, fines totaling $14,000. OSHA also issued a Notice of Unsafe or Unhealthful Working Conditions to the U.S. Forest Service, but without a monetary penalty. Wildfire Today summarized the OSHA actions on February 12.

Here is an excerpt from the just-released USFS report:

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Analysis and Conclusion

“The cause of this accident was that a green cedar tree, weakened by fire, fell and struck a firefighter in the head. It fell with a force far greater than the design limits of any hardhat could withstand. This tragedy resulted from the chance alignment of certain conditions: an emergency response to control a wildland fire, which required the presence of firefighters in an area where fire‐weakened trees could fall on their own with little or no warning. The SAI team concluded that the convergence of these events – in a very specific way and with very specific timing – resulted in a fatal accident. Slight differences in any number of factors could have led to drastically different results.

“Firefighters faced the same choice on this fire as they do on almost every fire: engage the fire and expose firefighters to a certain set of risks in order to control the fire, or don’t engage the fire and don’t control it, knowing that such a decision often poses a wider range of risks to firefighters and the public. Firefighters made the same basic risk decision on the Steep Corner Fire as they do routinely on most fires: to engage the fire and attempt to control it, knowing that firefighters would be exposed to hazards during suppression efforts.

“On the day of the accident, after the implementation of safety mitigation measures, the firefighting professionals involved in the Steep Corner Fire reasoned the risks of engaging and suppressing the fire to be acceptable. After considerable review of the incident, including the leadership, qualifications, interagency cooperation, fuels, weather, incident management organization, and local policies, the SAI Team concluded that the judgments and decisions of the firefighters involved in the Steep Corner Fire were appropriate. Firefighters all performed within the leaders’ intent and scope of duty, as defined by their respective organizations. The team did not find any reckless actions or violations of policy or protocol.

“On August 11, the day before the fatal accident, two Forest Service resources decided to limit their acceptance of risk on the Steep Corner Fire. Both the IHC and the E‐31 crew identified necessary safety mitigations. The IHC chose not to engage. The E‐31 crew disengaged and indicated they would not return to the fire until mitigation measures were implemented.

“C‐PTPA took these events seriously and subsequently addressed the recommended mitigation measures. Personnel became the “adapters” that allowed C‐PTPA and the Forest Service, two organizations with very different natural resource management mandates, to functiontogether. Mitigation measures included ordering more firefighting resources, adding line overhead and a radio repeater, and using contract fallers to fell hazard trees ahead of those digging fireline. The morning of August 12, the E‐31 crew decided to re‐engage when it became clear C‐PTPA was addressing their safety concerns. The IHC was already reassigned to anotherfire and did not return. In general, firefighters expressed their impressions that Saturday was a bad day but Sunday (before the accident) was much better, in terms of organization of the fire and mitigation of the hazards.”

(end of excerpt)

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The 38-page report only has two recommendations. One is to introduce the LCES (Lookouts, Communications, Escape Routes, Safety Zones) concept into the National Wildfire Coordinating Group’s curriculum for use in disciplines other than fire management. The other is: “Occupational Safety and Health Office should develop a methodology for effectively teaching non‐fire workers the concepts related to hazard tree identification, scouting an area, and determining escape routes and safety zones for overhead hazards”.

An opinion

Several things about the incident and the report are troubling, but one item in the report stood out (emphasis added):

This tragedy resulted from the chance alignment of certain conditions: an emergency response to control a wildland fire, which required the presence of firefighters in an area where fire‐weakened trees could fall on their own with little or no warning.

Perhaps it is just an unfortunate choice of words chosen by the primary author which somehow was missed by the large number of people who probably reviewed the report before it was released. Giving them the benefit of the doubt, maybe they didn’t really mean to imply that firefighters are REQUIRED to perform an action on a fire simply because the fire is uncontrolled, even “where fire‐weakened trees could fall on their own with little or no warning”.

Someone might say that trees could fall during suppression action on most timber fires. Right. However on this fire, the large number of falling trees was identified the previous day, when a Hotshot crew refused to be assigned to the fire because of falling trees and many other unmitigated hazards, saying in a SAFENET report filed three days later that they “had huge concerns about the number of snags burning”. An engine crew left the fire for similar reasons that afternoon, but returned the next day after being assured that the hazards had been mitigated.

Firefighters are not REQUIRED to perform a task on a fire if there are known extraordinary hazards that cannot mitigated. We are talking about trees, grass, brush, or houses…. that will all grow back. Firefighters can’t.

Maybe it is just an unfortunate choice of words.

Old Fire arsonist receives death penalty

Rickie Lee Fowler
Rickie Lee Fowler

Rickie Lee Fowler received the death penalty today for starting the 2003 Old fire that destroyed 1,003 homes, burned 91,000 acres, and led to five deaths. He was convicted on August 15 of two arson charges and of murdering the five people who died of heart attacks after their homes burned or while they evacuated during the fire in San Bernardino County, California. When he was convicted, the jury recommended that Fowler be sentenced to death but the judge had the discretion to impose that or life in prison.

This morning Superior Court Judge Michael A. Smith, after hearing arguments by attorneys and statements by the victims’ families, confirmed the death penalty for Fowler. The sentence will automatically be appealed to the California Supreme Court.

In the trial, the State employed the same principle used when prosecutors in neighboring Riverside County won a death penalty conviction against Raymond Lee Oyler, an auto mechanic who set the 2006 Esperanza wildfire that killed five federal firefighters. Oyler is believed to be the first person in the U.S. to be convicted of first-degree murder and sentenced to death in a wildland arson case.

Old Fire
Old Fire, looking west from Strawberry Peak. Photo taken October 26, 2003 by Dave Schumaker.

Before the trial Mr. Fowler said he and three men in a van had intended to rob John Aylward, a person he identified as his godfather, but realized they were too drunk or stoned to pull it off. Instead, they decided to start a fire, as one person testified before a grand jury, “to burn John’s house down”.

In an interview with investigators, Mr. Fowler said he ignited a road flare and threw it into the vegetation, but corrected himself and said one of the other men in the van struck the flare. In a later interview, he said he intended to strike and throw the flare, but Martin Valdez Jr. took it from him, struck it, and threw it into the brush.

While in prison before the trial, Mr. Fowler was convicted of sodomizing another jail inmate and for that was sentenced to three 25-years-to-life prison terms.

Wildfire briefing, January 25, 2013

Caylym continues to develop containers for dropping retardant

Caylym system
Caylym system dispersing a liquid after exiting an aircraft. Photo credit: Caylym

Since Wildfire Today last covered their disposable container for delivering retardant over wildfires,the Caylym company has continued to develop and promote their concept. The system consists of containers constructed of cardboard, plywood, a plastic bladder, and dozens of yards of straps. They hold 264 gallons each and are designed to be carried in military aircraft such as the C-130 or C-27 using the standard cargo system. The containers when empty weigh 100 pounds.

At Fire Aviation we have more photos and a video, as well the results of our interview with Rick Goddard, the Managing Director of Caylym

South Africa: Firefighter Man killed fighting a fire near Clanwilliam

(UPDATE January 26, 2013: It turns out the man that was killed was not a trained firefighter, volunteer or paid. As so frequently happens in remote areas of South Africa, he lived nearby and was doing what he could to fight the fire while hoping that firefighters might show up.)

A man has died fighting a wildfire near Clanwilliam in South Africa (map). Christo Fourie, a retired bank manager, had been missing since Wednesday and his body was found Thursday in a burned area near his vehicle. A police spokesperson said Mr. Fourie was caught in the fire but the exact circumstances of his death were being investigated. A news report described the man as a volunteer firefighter.

The fire has burned 24,000 hectares (59,305 acres) and is being fought by firefighters supported by helicopters and four air tankers.

Missouri: Fire destroys Mammoth-area home 

A wildfire destroyed a home on County Road 527 off the T Highway near Mammoth, Missouri on Monday. The fire was fought by the Timber Knob and Pontiac VFDs for several hours but the home was a total loss.

Utah: fire baloons may become illegal

Fire Balloon, Mercedes
Fire Balloon — a screen grab from a Mercedes commercial on CBS, November 4, 2012.

Proposed legislation in Utah would outlaw fire balloons, sometimes called Chinese lanterns or sky lanterns. These devices are small, lightweight, inexpensive hot air balloons powered by burning material at the base. They can be made out of common household materials or purchased in large quantities online.

We first wrote about fire balloons in November after seeing the concept promoted by Mercedes in a car commercial on network television. An article in the Deseret News quotes Coy Porter, the Utah State Fire Marshal, as saying, “The biggest problem is just if they’re slightly damaged, there’s a small rip, they don’t get the elevation, they can still come down while the flame is still going in there.”

These incendiary devices are sometimes released by the hundreds at weddings or in celebration of the Chinese New Year.

More information from the article:

During the wedding rehearsal for former BYU and current NBA basketball player Jimmer Fredette last May, hundreds of lanterns were released into the Denver sky. One of those lanterns landed in a neighbor’s yard and lit a tree on fire. Fortunately, it didn’t do too much damage.

Last summer, Porter said a wildland fire in St. George was also started as a result of a sky lantern.

Links to information about a few fires that have been caused by these devices: here, here, and here.

Los Angeles: law firm has Wild Land Fire Litigation Practice Group

I guess there should be no surprise that a law firm has a “Wild Land Fire Litigation Practice Group”. In our litigious society there are probably lawyers that specialize in every conceivable niche. The Murchison and Cummings law firm in Los Angeles has such a group chaired by Friedrich W. Seitz. They are representing the Bluebonnet Electric Cooperative in defending them against the numerous lawsuits that have been filed relating to the September 2011 fire in Bastrop County, Texas that burned 34,000 acres and destroyed 1,600 homes. In an effort to try to get in on the action, a law firm in Texas created a web site in order to recruit clients to sue Bluebonnet for another fire in Bastrop County, the Wilderness Ridge fire, which burned 26 homes, 20 businesses, and 1,491 acres in Bastrop County, Texas in February, 2009.

Murchison and Cummings has defended Southern California Edison and Breitburn Energy Partners against litigation arising out of wild land fires for many years.

Firefighter dies in Australia

Peter Cramer
Peter Cramer, on the day he was presented an award for 20 years of CFA volunteer service, DSE photo

UPDATE: January 14, 2013. The deceased firefighter has been identified as Peter Ronald Cramer, 61, a 30-year volunteer from the town of Tyers, Victoria about 160km east of Melbourne. The latest information is that he been on foot identifying containment lines before he was found deceased on a track at 5pm on Sunday.

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A firefighter from Gippsland aged in his 60s died Sunday while working on a wildfire in Tasmania. The man was one of 70 from Victoria that had been sent to assist with the suppression of fires raging in the state. News.com.au reported that the firefighter was on foot conducting a backburning operation on the Forcett Fire when he was killed near Taranna, about 30 air miles southeast of Hobart (map).

The firefighter’s family has been notified but his name has not been released to the public.

The Forcett fire started on November 16 and has burned 24,040 hectares (59,404 acres) within a perimeter of 200km. It is being fought by 150 firefighters using 39 tankers and four aircraft.

Our sincere condolences go out to the firefighter’s family and co-workers.