Chapter 11

Copyright © 2006 Thomson Delmar Learning

Introduction to Fire Protection 3rd EditionRobert Klinoff

Introduction to Fire Protection3rd 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




• 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




• 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




• I: institutional• M: mercantile• R: residential• S: storage




• 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




• 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



Summary

• 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

Business

Chapter 11