Chapter 11 Fire-Related Codes and Ordinances. Introduction Codes and ordinances fall under the broad...
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Transcript of Chapter 11 Fire-Related Codes and Ordinances. Introduction Codes and ordinances fall under the broad...
Chapter 11
Fire-Related Codes and Ordinances
Introduction
• Codes and ordinances fall under the broad description of laws
• Laws are written and adopted on all three of the levels of government: federal, state, and local
• There are clearly laid-out relationships among the different levels of government and their influence on each other
JURISDICTION
• Limits of territory
• Several levels of laws
DIFFERENT LEVELS OF JURISDICTION• Federal• Local• Combination
Learning Objective 1
Federal, State, and Local Regulations
STATE FIRE MARSHAL
• Jurisdiction in state-owned buildings
• May allow fire department to enforce in certain occupancies
LOCAL ZONING COMMISSION
• Regulates what types of occupancies are allowed
Learning Objective 1
Federal, State, and Local Regulations
LOCAL BUILDING DEPARTMENT
• Responsible for enforcement of codes
• Determines occupancy types in buildings
• Needs notification of major work done
• Needs notification of change of occupancy
Learning Objective 1
Federal, State, and Local Regulations
MAKING A REFERRAL
• Violations may not be of the fire code
• Personnel must refer to the appropriate agency
PUBLIC RELATIONS
• Fire department’s role of assistance
• Work with other public agencies
Learning Objective 1
Federal, State, and Local Regulations
FIRE PREVENTION BUREAU
• Legal responsibility and authority
• Inspect rather than act on demand
SEE VS. CITY OF SEATTLE
• Warrant procedure for administrative entry
• Set forth guidelines for inspection agencies
Learning Objective 2
Responsible for Enforcing Codes and Ordinances
RECOMMENDATIONS FOR FIRE INSPECTORS
• Must be adequately identified
• State the reason for the inspection
• Must request permission for inspection
• Develop a reliable record-keeping system
• Must be trained in fire hazard recognition
Learning Objective 2
Responsible for Enforcing Codes and Ordinances
STATE CODES BASED ON NATIONAL MODEL
• Codes may be divided by type
• State fire marshal
• Local fire departments and codes and ordinances Most jurisdictions adopt model codes
• Ordinances not addressed in the model code
Learning Objective 2
Responsible for Enforcing Codes and Ordinances
MODEL FIRE PREVENTION CODE DEVELOPMENT
• Model fire prevention code developers
• Nationwide fire code Allows designers to all use same set of regulations
• Benefits of nationally recognized model Minimizes likelihood of conflicting code
requirements
Learning Objectives 3 and 4
Why Codes and Ordinances Are CreatedHow Codes and Ordinances Are Adopted
MODEL FIRE PREVENTION CODE SECTIONS
• Divided into sections that deal with certain topics
• NFPA’s National Fire Codes
• Codes versus standards
• Adopting a model code
Learning Objectives 3 and 4
Why Codes and Ordinances Are CreatedHow Codes and Ordinances Are Adopted
OCCUPANCY CLASSIFICATION
• Determine classification when fire code is applied
• Select classification that fits the use of the building
• Occupancy subcategories
• Importance of occupancy classification
Learning Objectives 3 and 4
Why Codes and Ordinances Are CreatedHow Codes and Ordinances Are Adopted
CONSTRUCTION TYPES
• NFPA 220, Standards for Types of Building Construction
• Shorthand notation Type I, II, III, IV, and V
• Model building codes Property line Proximity of buildings
Learning Objectives 3 and 4
Why Codes and Ordinances Are CreatedHow Codes and Ordinances Are Adopted
CODE DEVELOPMENT
• Commonly developed in response to a disaster
• Need for increased public safety
Right to Know laws
• Ongoing process that is becoming proactive
Learning Objectives 3 and 4
Why Codes and Ordinances Are CreatedHow Codes and Ordinances Are Adopted
JURISDICTION
• Court cases jurisdiction
• Fire department jurisdiction Limits of territory
• Acting outside your jurisdiction is not legally taking action
Learning Objective 5
Court Decisions Affecting Codes and Ordinances
COURT SYSTEM LEVELS
• Federal• Federal circuit court of appeals• Federal district courts• State• State district court of appeals• State district or superior courts• Municipal or county courts
Learning Objective 5
Court Decisions Affecting Codes and Ordinances
Learning Objective 6
Relationship of Codes and Standards
CODES
• Bodies of regulation adopted by ordinance
STANDARDS
• Recommendations on how things should be done
NFPA
• Standards used in design of apparatus and equipment
STANDARD ADOPTED AS MEMORANDUM
• Items referred to must meet the standard
• May state replacement of non-standard equipment
STANDARD ADOPTED AS POLICY
• Recognized use without force of law
• Points of the code illustrated
Learning Objective 6
Relationship of Codes and Standards
LAWS ARE PIECES OF ENACTED LEGISLATION
• Supreme law (U.S. Constitution)
• Statutory laws
• Codes
• Regulations
• OrganizationCont.
Learning Objective 7Legal Terms Applying to Codes
and Ordinances
LAWS ARE PIECES OF ENACTED LEGISLATION
• Precedents
• Court decisions
• Intent of law
• Applicable laws in any situation
• Variances
Learning Objective 7Legal Terms Applying to Codes
and Ordinances
LAWSUITS
• Lawsuits for not saving property
• Torts
• Addressing issues through policies
• Simple policies to limit liability
Learning Objective 7Legal Terms Applying to Codes
and Ordinances
STANDARD PROCEDURE FOR COMPLAINTS
• Person complaining should contact a supervisor
• If warranted, investigation procedure will begin
• Assure person that complaint will be investigated
• Discourage, delay, or cover up will incur disciplinary action
• Also complainant’s responsibility to be truthful
Learning Objective 7Legal Terms Applying to Codes
and Ordinances
HARASSMENT-FREE WORKPLACE
• Harassment Physical conduct Verbal or written conduct Visual or symbolic conduct Work environment
• Harassment or retaliation procedures
Learning Objective 7Legal Terms Applying to Codes
and Ordinances
OPERATION OF EMERGENCY VEHICLES
• Class B license
• Class B license requirements and fire departments
• Traffic laws
• Authorized emergency vehicles
• Duty to drive with regard for safety of persons and property
Learning Objective 8
Codes and Ordinances for Safety and Operations
INFECTIOUS DISEASE
• Federal Rehabilitation Act of 1973
• HIV and Federal Rehabilitation Act
• Protecting responders
• Possible exposure to HIV
Learning Objective 8
Codes and Ordinances for Safety and Operations
GOOD SAMARITAN LAWS
• Persons voluntarily assisting an injured person
Not chargeable for errors or omissions in care given
Only applies if acting within scope of your training
If acting outside the scope of your training, you could be held liable for injury to victim
Learning Objective 8
Codes and Ordinances for Safety and Operations
PERSONNEL SAFETY
• 29 CFR Part 1910 Operating in IDLH atmospheres
• 23 CFR Rule 634 Firefighter High-Visibility Safety Apparel
• 2009 NFPA 1901, Standard for
Automotive Fire Apparatus
Learning Objective 8
Codes and Ordinances for Safety and Operations
SCENE MANAGEMENT
• Agency in charge of the emergency scene May be determined by law
• Scene manager Highest-ranking member of public safety agency
• Arson unit has primary investigative authority
Learning Objective 8
Codes and Ordinances for Safety and Operations
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
• States health information can only be given to someone directly involved in treatment of the patient
• Patient care report must be kept confidential
• Affects firefighters due to their response to medical aid incidents
Learning Objective 8
Codes and Ordinances for Safety and Operations
Summary
• Introduction to the law and how it works• As a firefighter, it is important to have an idea of
how laws apply to the performance of duties• Know when you are legally required to act and to
what extent you can legally act• Performingduties within your scope of training and
to the best of your ability will exempt you from liability in almost every situation