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Chapter 11

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  • 1 Transitions Long
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    • 1. Introduction to Fire Protection 3rd Edition
    • 2. Chapter 11 Codes and Ordinances
    • 3. Objectives
      • Explain the relationship between federal, state, and local regulations
      • Explain who is responsible for enforcing codes and ordinances at the different levels
      • Explain why codes and ordinances are created
      • Describe how codes and ordinances are adopted
    • 4. Objectives (con’t.)
      • Describe how codes and ordinances are affected by court decisions
      • Explain the relationship of codes and standards
      • Give the definition of legal terms as they apply to codes and ordinances
    • 5. Introduction
      • Code and ordinances fall under the broad description of laws
      • Laws are written and adopted on federal, state, and local levels of government
      • Laws in different levels influence each other
    • 6. Definition of Laws
      • U.S. Constitution is the supreme law of the land
        • Other laws cannot conflict with Constitution
        • All governmental authority comes from Constitution
      • Laws are pieces of enacted legislation
      • Statutory laws passed by Congress and states
      • Ordinances passed on local level
    • 7. Definition of Laws (con’t.)
      • Federal statutes organized into Code of Federal Regulations (CFR)
      • States have similar codes
        • Health and safety code (public safety)
        • Penal code, etc. (criminal)
      • Note that local codes, such as building codes, become law when adopted by ordinance
      • State law cannot weaken federal law
      • CFR and State Leg. Not the same as code adoption
    • 8. Definition of Laws (con’t.)
      • Judicial system determines the constitutionality of laws
      • When law is not specific, precedents (previous court decisions) are referenced
      • Need to know limits of authority and what is required in situations
    • 9. Lawsuits
      • Lawsuits are very common
        • More attorneys than firefighters in U.S.
      • To avoid lawsuits, do your job correctly every time( proper documentation helps)
      • Lawsuits are filed because of a tort
    • 10. TORT
      • Civil not Criminal actions
      • Brought with the intent of seeking monetary compensation
    • 11. Lawsuits (con’t.)
      • Tort is a wrongful act resulting from
        • Nonfeasance: failure to act
        • Misfeasance: acting incorrectly
        • Malfeasance: wrongdoing or misconduct
    • 12. Lawsuits (con’t.)
      • To avoid torts
        • Act within policies and guidelines that are agency specific and regularly reviewed for validity
        • Take basic responsibility to perform correctly and to the best of your ability every time
    • 13. Personnel Complaints
      • Follow established procedure
        • Speak to the chief or person’s supervisor
        • Listen carefully as the officer explains options
        • Complete and forward form to designated officer
        • Investigation determines if complaint is warranted
        • The complainant is notified of the results of investigation, not what action was taken
    • 14. Harassment-Free Workplace
      • Management is held responsible for harassment
        • Must establish a harassment-free workplace policy
      • Harassment: coercive or repeated, unsolicited, and unwelcome verbal comments, gestures, or physical contact(s)
      • Work environment: any area where employees work or work-related activities occur
    • 15. Harassment
      • Physical Conduct – unwelcome touching , inappropriate or threatening looks, or gestures
      • Verbal or Written Conduct – personal question, demeaning comments, jokes
      • Visual or Symbolic Conduct – offensive photos, pictures drawings t-shirts
    • 16. Harassment-Free Workplace (con’t.)
      • Persons responsible for not engaging in harassment:
        • Managers
        • Supervisors
        • Employees
        • Contractors
        • Cooperators
        • Volunteers
    • 17. Harassment-Free Workplace (con’t.)
      • Exercise one or more of the following options when you believe you are being harassed:
        • Tell harasser to stop behavior
        • Report violation to officer or supervisor
        • Contact fire chief/union representative or Agency EEO representative
    • 18. The Court System
      • Jurisdiction: territory within which authority may be exercised
        • May be functional
          • Fire prevention versus traffic enforcement
        • May be physical
          • County versus city
    • 19. The Court System (con’t.)
      • The case is first heard in court of original jurisdiction
      • The appellate jurisdiction reviews lower court decision
      • Highest court is the U.S. Supreme Court
        • Determines constitutionality of laws
    • 20.
      • Federal district courts hear federal law violations
      • State supreme courts hear appeals from state district courts of appeal
      • District or superior courts hear state law violations
      • Municipal or county courts hear misdemeanors
      The Court System (con’t.)
    • 21. Relationship of Federal, State, and Local Regulations
      • Must know jurisdictional boundaries
        • Cannot legally act outside of jurisdiction
          • Issuing citation for fire code violation, etc.
          • When several layers of law are encountered most stringent applies
      • May be able to refer matter to agency with jurisdiction
        • Violation outside of fire code
    • 22. Fire Prevention
      • Authority and responsibility to enforce fire-related codes and ordinances
      • See vs. City of Seattle often cited in relation to fire prevention inspections
        • Private commercial premises without consent may be compelled only with prosecution or physical force within framework of warrant procedure
    • 23. Fire Prevention (con’t.)
      • U.S. Supreme Court guidelines for inspectors
        • Must be adequately identified
        • Must state reason for inspection
        • Must request permission to inspect
        • Invite person to accompany you on inspection
        • Carry and follow written inspection procedure (inspection form)
        • Request inspection or administrative warrant if entry denied
    • 24. Fire Prevention (con’t.)
      • U.S. Supreme Court guidelines for inspectors (con’t.)
        • May issue stop order for extremely hazardous condition
        • Develop reliable record keeping system
        • Work within guidelines
        • Must have right to inspect (may be through licensing)
        • Must be trained
    • 25. Fire Prevention (con’t.)
      • Most local codes are model codes adopted by ordinance
        • In part or in whole
        • Amended as necessary
      • State fire marshal may enforce state codes in state buildings and areas with no organized fire prevention
        • Often delegates authority to local jurisdiction
    • 26. Model Fire Codes
      • Nationally recognized model codes are more desirable than locally written codes
        • Represent a broad spectrum of fire prevention experience
        • Based on large scale research and development
        • Give experts a familiar base to build protection features
        • Undergo constant review process
        • Designed to avoid conflict with building codes
    • 27. Occupancy Classification
      • When erecting a building, the intended occupancy must be identified
        • Determines fire and life safety features
          • Exits, sprinklers, etc.
      • Letters designate main categories of occupancy
    • 28. Occupancy Classification (con’t.)
      • A: assembly
      • B: business
      • E: educational
      • F: factory
      • H: hazardous
    • 29. Occupancy Classification (con’t.)
      • I: institutional
      • M: mercantile
      • R: residential
      • S: storage
    • 30. Occupancy Classification (con’t.)
      • Occupancies have subcategories to designate levels of protection needed
        • An assembly occupancy may be subdivided based on the size of the occupant load or type of use i.e. restaurant or theater
      • If occupancy changes, requirements may also change
        • Sprinkler retrofit
        • Exits
    • 31. Occupancy Classification (con’t.)
      • Building codes also have requirements based on occupancy classification
        • Construction components
        • Area and height
        • Set back from property line
        • Fire protection systems
        • Fire-related separation
    • 32. Construction Types
      • Indicated by Roman numerals
        • Type I: Non combustible – fire resistive
        • Type II: Non combustible
        • Type III: Ordinary construction
        • Type IV: Heavy timber
        • Type V : Standard construction
      • May also have additional information
        • Examples: Type IV 2 hour, Type IV unprotected
    • 33.  
    • 34.  
    • 35.  
    • 36.  
    • 37.  
    • 38. Figure 11-1 Steel construction. Figure 11-2 Unprotected steel construction after fire.
    • 39. Code Development
      • Codes are often created as reaction to disasters
      • Current efforts are to be proactive instead of reactive
        • Electric cars
        • Natural gas vehicles, etc.
      • Example: Right to Know laws
        • Require businesses to disclose hazardous materials inventory
    • 40. Code Development (con’t.)
      • Committees formed to address issues
        • Members write code language
        • Committee circulates drafts for review
        • Committee receives and reviews challenges
        • Final draft presented when code body meets
        • Committee holds hearings
        • Members vote to accept or reject codes
    • 41. Relationship of Codes to Standards
      • Codes
        • Adopted as law in whole or by part by ordinance
      • Standards
        • Recommendations on design or method
        • Adopted as a matter of policy, not law
      • Standards accompany many model codes in order to illustrate the points of the code
    • 42. Operation of Emergency Vehicles
      • Operators of vehicles over 26,001 pounds require Class B license ( requires valid medical card must be renewed every 2 yrs)
      • Exemptions granted in many states
      • When not responding to an emergency, operators must obey all traffic laws
      • Certain exemptions are allowed when responding in an authorized emergency vehicle to an emergency
    • 43. 6.2.8* During emergency response, drivers of fire apparatus shall bring the vehicle to a complete stop under any of the following circumstances:
      • (1) When directed by a law enforcement officer
      • (2) Red traffic lights
      • (3) Stop signs
      • (4) Negative right-of-way intersections
      • (5) Blind intersections
      • (6) When the driver cannot account for all lanes of traffic in an intersection
      • (7) When other intersection hazards are present
      • (8) When encountering a stopped school bus with flashing warning lights
    • 44. New York State Vehicle and Traffic Law
      • § 1104. Authorized emergency vehicles
      • Authorized Emergency vehicles may:
        • Park anywhere
        • Run red lights and stop signs after checking traffic
        • May break the speed limit
      • They must display a red light and a sound device per the applicable law
      • The driver has liability for his actions
    • 45. Other Applicable Vehicle and Traffic Law
      • § 101. Authorized emergency vehicle
      • § 114-b. Emergency operation
      • § 115-a. Fire vehicle
      • Every Fire Department should have a copy FASNY’s Fire Service Laws
      • http://www.fasny.com/
    • 46. Infectious Disease
      • Federal Rehabilitation Act of 1973 prohibits discrimination against handicapped persons
      • Infectious disease ruled a handicap in Chalk v. U.S. District Court
        • HIV and AIDS included
        • Prevents disclosure of information to anyone not directly involved in patient care
    • 47. Infectious Disease (con’t.)
      • Patients are not required to advise you of their condition
      • Hospitals are not allowed to advise you of their condition
      • Hospitals cannot force patient to submit to a blood test
    • 48. Infectious Disease (con’t.)
      • Trained personnel have a duty to act unless extreme hazard can be proven
      • HIV and AIDS are not considered extreme hazards
      • Protect yourself
        • Wear your full EMS PPE every time you treat a patient
        • No exceptions
    • 49. Good Samaritan Laws
      • Not held liable for errors when voluntarily assisting an injured person
      • Laws only protect persons acting within their training
      • Do not exceed your training
      • Be careful who assists you
    • 50. Personnel Safety
      • Federal OSHA compliance instructions issued in 1995 (Two in, Two out)
        • Requires SCBA when performing interior structural firefighting
        • Requires personnel to work in buddy system
        • Requires equipped and trained personnel to be available outside to effect rescue
    • 51. Personnel Safety (con’t.)
      • Minimum of four personnel at scene
      • No entry without four at scene unless “imminent rescue”
        • Cover yourself legally and announce on the radio
    • 52. Scene Management
      • Authority determined by law
        • Traffic: usually agency with primary investigative authority (law enforcement)
        • Fire: fire department
        • EMS: dependent on provider
        • Hazmat: may be given to fire due to advanced hazmat training
    • 53. Health Insurance Portability and Accountability Act (HIPAA)
      • Affects firefighters due to their response to rescues and medical aid calls
      • Health information regarding a patient can only be given to someone directly involved in the treatment of the patient
      • Covers any patient care report or station logbook information
      • Records must be kept confidential
    • 54.
      • Laws are interpreted in different levels of the court system
        • Federal, state, local
      • Firefighters must be aware of their legal authority and limitations
      • Firefighters have the moral obligation to perform their duties
        • To the best of their ability
        • Within the scope of their training
      Summary