Chapter 11 Codes and Ordinances

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Chapter 11Codes and Ordinances
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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

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Learning Objective 1 Federal, State, and Local
Regulations

• JURISDICTION
• Limits of territory
• Several levels of laws
• DIFFERENT LEVELS OF JURISDICTION
• Federal
• Local
• Combination

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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

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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

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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 departments role of assistance
• Work with other public agencies

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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

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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

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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

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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
• Allows designers to all use same set of
  regulations
• Benefits of nationally recognized model
• Minimizes likelihood of conflicting code
  requirements

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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
• NFPAs National Fire Codes
• Codes versus standards
• Adopting a model code

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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

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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

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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

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Learning Objective 5 Court Decisions Affecting
Codes and Ordinances

• JURISDICTION
• Court cases jurisdiction
• Fire department jurisdiction
• Limits of territory
• Acting outside your jurisdiction is not legally
  taking action

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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

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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

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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

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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.

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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

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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

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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 complainants responsibility to be truthful

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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

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Learning Objective 8 Codes and Ordinances for
Safety and Operations

• 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

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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

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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

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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

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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

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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

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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