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 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  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 Created How 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 Created How 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 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  Physical conduct  Verbal or written conduct  Visual or symbolic conduct  Work environment Harassment or retaliation procedures Learning Objective 7 Legal 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