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7 Investigates obtains ATF report into fire that killed Buffalo firefighter Jason Arno

Posted at 5:00 AM, Jul 21, 2023
and last updated 2023-07-21 10:25:15-04

WASHINGTON (WKBW) — 7 Investigates has obtained the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigatory report into the fire that killed Buffalo Firefighter Jason Arno.

The report was released to 7 Investigates through a Freedom of Information Act request. It includes information from more than a dozen witnesses, photographs from before, during, and after the fire, and new details regarding the investigation.

JP Contracting was hired to perform masonry work on the Main Street building in the Theatre District. It did not have a permit for the masonry work and failed to have a fire watch. While working to determine the cause and origin of the fire, investigators interviewed or attempted to interview employees of the company.

The ATF report claims its investigators made several attempts to interview an employee of JP Contracting who was the first person to call 911 and report the fire. The employee, who the ATF did not name, requested an attorney, and the attorney did not make their client available for an interview.

Another employee of JP Contracting who was present the morning of March 1 admitted to his use of a propane torch to melt ice from an exterior wall and by a doorway, the report states.

While using the torch, the employee used a shovel in an attempt to shield plywood from the torch. Additionally, a leaf blower was used in combination with the torch to help melt the ice.

Surveillance camera footage courtesy ATF

Surveillance camera footage obtained by the ATF showed the employee using the torch multiple times over the course of an hour.

At one point, a worker appears to notice something in the doorway and tossed his trowel to the ground. He then looked under the plywood attached to a door frame, according to the ATF.

The man threw a bucket of water into the doorway before unscrewing the plywood from the door frame. He was met with flames and called 911 to report the fire, the report states.

TIMELINE:

  • 7:29 - Propane torch first ignited
  • 7:36 - 8:17 - Torch used at various times
  • 8:35 - Torch is turned off
  • 9:53 - Worker appears to notice fire and attempts to extinguish it
  • 9:55 - Worker calls 911
  • 9:58 - Buffalo Fire Department Engine 2 arrives on scene

Investigators were able to determine that items inside the doorway were in close proximity to plywood, and potentially directly against it.
The ATF determined the shovel used could not have shielded the entire gap under the plywood during its use. The heat and energy from the torch were sufficient to ignite the pocket rod three and a half feet away from the torch itself, according to the ATF.

Additionally, air movement from the leaf blower would have aided an ignition of the material inside the doorway. The air flow would have also aided in the growth of the fire once established, the ATF found.

The fire easily spread to costumes in plastic bags hanging just inside the doorway.

The only potential source of ignition not eliminated in the ATF report was the propane torch.

After completing its investigation, the ATF ruled the fire accidental.


Main Street Fire ATF Report by Sean Mickey

This is a developing story.

Sean Mickey

Sean Mickey is an Investigative Reporter for WKBW. 

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