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Chapter 11
 

Chapter 11

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    Chapter 11 Chapter 11 Presentation Transcript

    • Introduction to Fire Protection 3rd Edition
    • Chapter 11 Codes and Ordinances
    • 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
    • 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
    • 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
    • Definition of Laws
      • U.S. Constitution is the supreme law of the land
        • Other laws cannot conflict with Constitution
      • Laws are pieces of enacted legislation
      • Statutory laws passed by Congress and states
      • Ordinances passed on local level
    • Definition of Laws (con’t.)
      • Federal statutes organized into Code of Federal Regulations (CFR)
      • States have similar codes
        • Health and safety code
        • Penal code, etc.
      • Note that local codes, such as building codes, become law when adopted by ordinance
    • 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
    • Lawsuits
      • Lawsuits are very common
        • More attorneys than firefighters in U.S.
      • To avoid lawsuits, do your job correctly every time
      • Lawsuits are filed because of a tort
    • Lawsuits (con’t.)
      • Tort is a wrongful act resulting from
        • Nonfeasance: failure to act
        • Misfeasance: acting incorrectly
        • Malfeasance: wrongdoing or misconduct
    • 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
    • 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
    • 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
    • Harassment-Free Workplace (con’t.)
      • Persons responsible for not engaging in harassment:
        • Managers
        • Supervisors
        • Employees
        • Contractors
        • Cooperators
        • Volunteers
    • 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
    • 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
    • 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
      • 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.)
    • Relationship of Federal, State, and Local Regulations
      • Must know jurisdictional boundaries
        • Cannot legally act outside of jurisdiction
          • Issuing citation for fire code violation, etc.
      • May be able to refer matter to agency with jurisdiction
        • Violation outside of fire code
    • 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
    • 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
    • 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
    • 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
    • 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
    • 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
    • Occupancy Classification (con’t.)
      • A: assembly
      • B: business
      • E: educational
      • F: factory
      • H: hazardous
    • Occupancy Classification (con’t.)
      • I: institutional
      • M: mercantile
      • R: residential
      • S: storage
    • Occupancy Classification (con’t.)
      • Occupancies have subcategories to designate levels of protection needed
        • Examples: A.1, A.2, etc.
      • If occupancy changes, requirements may also change
        • Sprinkler retrofit
        • Exits
    • 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
    • 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
    • Figure 11-1 Steel construction. Figure 11-2 Unprotected steel construction after fire.
    • 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
    • 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
    • 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
    • Operation of Emergency Vehicles
      • Operators of vehicles over 26,001 pounds require Class B license
      • 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
    • 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
    • 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
    • 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
    • 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
    • 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
    • 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
    • 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
    • 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
      • 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