Chapter 11 FireRelated Codes and Ordinances Introduction Codes

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

Learning Objective 1 Federal, State, and Local Regulations 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 2 Responsible for Enforcing Codes and Ordinances 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 v Most jurisdictions adopt model codes • Ordinances not addressed in the model code

Learning Objectives 3 and 4 Why Codes and Ordinances Are Created How Codes and Ordinances Are Adopted MODEL FIRE PREVENTION CODE DEVELOPMENT • Model fire prevention code developers • Nationwide fire code v Allows designers to all use same set of regulations • Benefits of nationally recognized model v Minimizes likelihood of conflicting code requirements

Learning Objectives 3 and 4 Why Codes and Ordinances Are Created How 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 Created How 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 Created How Codes and Ordinances Are Adopted CONSTRUCTION TYPES • NFPA 220, Standards for Types of Building Construction • Shorthand notation v Type I, III, IV, and V • Model building codes v Property line v Proximity of buildings

Learning Objectives 3 and 4 Why Codes and Ordinances Are Created How Codes and Ordinances Are Adopted CODE DEVELOPMENT • Commonly developed in response to a disaster • Need for increased public safety v Right to Know laws • Ongoing process that is becoming proactive

Learning Objective 5 Court Decisions Affecting Codes and Ordinances JURISDICTION • Court cases jurisdiction • Fire department jurisdiction v 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 circuit court of appeals Federal district courts State district court of appeals State district or superior courts Municipal or county courts

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

Learning Objective 6 Relationship of Codes and Standards 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 7 Legal Terms Applying to Codes and Ordinances LAWS ARE PIECES OF ENACTED LEGISLATION • • • Supreme law (U. S. Constitution) Statutory laws Codes Regulations Organization Cont.

Learning Objective 7 Legal 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 7 Legal Terms Applying to Codes and Ordinances LAWSUITS • Lawsuits for not saving property • Torts • Addressing issues through policies • Simple policies to limit liability

Learning Objective 7 Legal 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 7 Legal Terms Applying to Codes and Ordinances HARASSMENT-FREE WORKPLACE • Harassment v v Physical conduct Verbal or written conduct Visual or symbolic conduct Work environment • Harassment or retaliation procedures

Learning Objective 8 Codes and Ordinances for Safety and Operations OPERATION OF EMERGENCY VEHICLES • 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 v Not chargeable for errors or omissions in care given v Only applies if acting within scope of your training v 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 v May be determined by law • Scene manager v 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

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