BUFFALO, N.Y. — Two newly filed investigative reports obtained by 2 On Your Side Investigates into the 2023 death of Buffalo Firefighter Jason Arno reveal multiple errors and safety violations on the day Arno died inside a burning costume shop on Main Street.
The findings, which include multiple state-issued citations to the Buffalo Fire Department for safety violations, are part of an ongoing lawsuit over Arno’s death. They provide a new accounting of the split-second decisions, dangerous conditions, missed signals and long-standing safety gaps that appear to have turned a routine commercial fire into a tragedy.
The reports, which were filed this week in State Supreme Court as part of a lawsuit against the city by Arno’s widow, reveal that Buffalo Fire officials missed four mayday calls Arno made using his radio, something the fire department’s report attributed to “excessive radio traffic” in the chaotic moments firefighters were told to evacuate the burning building.
Additionally, the State Department of Labor concluded that Buffalo Fire “had inadequate accountability, nonfunctioning firefighting equipment, failure to follow interior firefighting procedures, and other factors unrelated to occupational safety and health standards,” contributing to the death of Arno.
Charles Desmond, the attorney for Arno’s widow, Sarah-Elizabeth Tierney, declined to comment, citing the pending lawsuit.
A spokesperson for Acting Buffalo Mayor Christopher P. Scanlon confirmed that the state report was issued to Fire Commissioner William Renaldo during the administration of former Mayor Byron W. Brown.
Scanlon in a written statement said that while was not serving as mayor at the time, “It is very troubling to me that I was not made aware of this report until today.”
“I am currently reviewing the report’s findings and will ensure that the Buffalo Fire Department implements any and all safety recommendations outlined in the NYSDOL’s review,” Scanlon said. “The death of Firefighter Jason Arno remains one of the worst days in our city’s history. For the remainder of my time as mayor, I’m committed to ensuring that the men and women of the Buffalo Fire Department and their families never experience another loss of this magnitude again.”
2 On Your Side Investigates sent the State DOL a Freedom of Information Law request for the documents in February, but the agency did not fulfill the request within the 20 business days the open records law requires. The agency repeatedly claimed they needed more time to complete the request.
Arno, 37, was fighting the fire at DC Theatricks, a costume rental business at 745 Main Street. Within minutes of entering, conditions rapidly deteriorated. The incident commander ordered all crews to evacuate as heavy fire spread throughout the building.
According to the Buffalo Fire Department’s internal review, Arno became separated from his crew and called four separate Maydays over his radio. None of those distress calls were prioritized to the command post because he never activated his radio’s Emergency Alert Button — a safety feature designed to override other transmissions during a mayday. Investigators say excessive radio traffic further obscured his calls for help.
The city’s own report faults the department’s tactics, training, and communication. Engine 2 was led that day by an acting lieutenant with no formal officer training — one of five recent critical incidents in which a key role was filled by an inexperienced “acting out of title” officer.
Commanders never completed a headcount after the evacuation order. Missing accountability tags on the first-in engine made it harder to track who was inside. And crews never attempted direct radio contact with the missing firefighter.
The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives determined the fire was accidental — started when contractors used a propane torch and leaf blower to melt ice outside the building, igniting combustible materials just inside the north doorway.
