Understanding Codes and Ordinances in Government Systems

1. Chapter 11Codes and Ordinances

2. 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

3. Learning Objective 1 Federal, State, and Local Regulations • JURISDICTION • Limits of territory • Several levels of laws • DIFFERENT LEVELS OF JURISDICTION • Federal • Local • Combination

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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.

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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