LOS ANGELES — The lack of oversight by a Southern California boat owner led to a fire that killed 34 people on a 2019 scuba diving excursion, the National Transportation Safety Board said.
The National Transportation Safety Board ruled Tuesday to place the deadly fire’s blame with the Conception’s owner, Truth Aquatics Inc. The NTSB board also said inadequate Coast Guard regulations contributed to the high death toll.
"It was preventable, and it should have been prevented,” said Roger Sumwalt, chairman of the NTSB.
The predawn fire aboard the Conception is one of California’s deadliest maritime disasters, prompting both criminal and safety investigations. The Sept. 2, 2019, tragedy killed 33 passengers and one crew member on a Labor Day weekend expedition near an island off Santa Barbara.
Investigators told the NTSB that because the boat burned and sank, they couldn’t determine what caused the fire. But they found that it began toward the back of the main deck salon area, where divers had plugged in phones, flashlights and other items with lithium ion batteries that can spread flames quickly.
Court documents say federal criminal charges against the boat’s captain are imminent, though that probe is separate from the NTSB’s proceedings.
Sumwalt said that the probable cause centered around the failure of Truth Aquatics to provide effective oversight of its vessels and its crewmember operations.
"If Truth Aquatics had ensured that a roving patrol was maintained, the fire likely would have been detected earlier which would have increased the chances of the bunk room occupants safely escaping," Sumwalt said.
He also focused attention on recommendations that included smoke detectors in accommodation spaces that would all go off if one were triggered and recommendations that would require a secondary means of escape that is different from the primary exit space.
The federal regulatory agency does not have enforcement powers and must submit its suggestions to bodies like the Federal Aviation Administration or the Coast Guard, which have repeatedly rejected some of the board’s safety recommendations after other disasters.
"Our safety recommendations are based on tragedies like we saw with the Conception and we come out with good recommendations. And, it is very frustrating when we have another accident that could have been prevented had those recommendations been implemented," Sumwalt said.
The Coast Guard has, however, issued additional safety recommendations following the Conception fire, such as limiting charging of lithium-ion batteries and the use of power strips and extension cords.
Five crew members, including Capt. Jerry Boylan, were asleep above deck when the fire broke out — an apparent violation of Coast Guard regulations requiring a roving watchman — and managed to escape by jumping into the water. Authorities said they repeatedly tried in vain to save the others.
The surviving crew members also told investigators they were never instructed on emergency procedures.
“This tragedy did not need to happen. We hope that our actions from today will prevent such disaster in the future,” Sumwalt said.
Families of 32 victims also have filed claims against the boat owners, Glen and Dana Fritzler, and the boat company, Truth Aquatics. In turn, the Fritzlers and the company have filed a legal claim to shield them from damages under a maritime law that limits liability for vessel owners. Court filings show they have offered to settle lawsuits with dozens of victims’ relatives.
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