Colorado Springs Police said the townhome fire that was initially ruled accidental, is now being investigated.
Firefighters told News 5 several days after the fire started, that the person would not face charges. The fire burned more than 20 townhome units and left nearly 70 people without a place to live.
Police tell News 5 they are opening a case and arson detectives will determine the potential for any criminal charges.
CSFD said the fire started when a smoker put out a cigarette in a potted plant, which smoldered and ignited a gas line.