Chapter 9

1. Chapter 9 Government Regulations, Laws, and the Courts Fire & Emergency Services Administration

2. Government Regulations • Regulations exist at the local, state and federal levels of government. • Most regulations for the fire and emergency services are at the state level (this includes OSHA). • It is typical for there not to be rigorous enforcement, but regulations become the standard of care for legal actions. Fire & Emergency Services Administration

3. Justification for Government Regulation • Three major justifications • It is the rightful role of the government to protect the consumer when the consumer lacks the ability to make an educated decision. • A market failure may prevent a safety product or service from becoming available to the public. • When a product or service becomes a monopoly, the consumer loses the ability to choose a product or its price. Fire & Emergency Services Administration

4. Is Government Justified in Regulating Fire and Emergency Services Agencies? • Three questions • Is the customer knowledgeable about the product or service? • Is there a market failure for a public good? • Is there a monopoly? Fire & Emergency Services Administration

5. Federal Regulations • Congressional authorizations often contain a process to adopt the rules that will be used to implement the new law. • This is done for two practical reasons • Legislators normally lack expert knowledge in the subject area. • Lawmakers do not like to place themselves in the middle of controversial regulations that may end up “lose-lose” for them. Fire & Emergency Services Administration

6. OMB Circular A-119 • Directs federal agencies to use voluntary consensus standards in lieu of government unique standards. • Open process Fire & Emergency Services Administration

7. Supporting a Balance of Interest • Maintaining due process • Providing an appeals process • Working toward consensus Fire & Emergency Services Administration

8. Democratic Accountability vs. Administrative Discretion • We have a representative form of government. • It is common for representatives to create laws mainly to ensure that appointed officials follow their guidance. Fire & Emergency Services Administration

9. Controversial Policy Decisions • There are times when a policy decision has a lot of political baggage, such as when there are many potential winners and losers. • The public administrator may be best qualified to judge the fairness and appropriateness of a rule and its effect on the public. • The administrator becomes the primary advocate for the public in these cases. Fire & Emergency Services Administration

10. Administrative Rule Making • Allows the administrator to function as a lawmaker. • The administrator must remain cognizant of the possibility that special interest groups will want to advance their own agendas. • An open process is used to gather the input of all concerned parties before the final decision. Fire & Emergency Services Administration

11. Politics of Administrative Choice • Many controversial regulations are delegated to the administrative rule-making process and their administrators. • In FES there is a slow and steady movement toward progress driven by national standards. Fire & Emergency Services Administration

12. NFPA Codes and Standards • For more than 100 years, NFPA committees have created most of the fire protection and life safety requirements used in the design of structures. • More recently, starting in 1974, NFPA committees have created standards for the fire services. Fire & Emergency Services Administration

13. The Federal Rule-Making Process • Similar open comment process to NFPA except that NFPA uses a two-thirds vote of committee members for approval. • In theory, the federal agency head issues the regulations under his signature, as compared with NFPA, which uses a committee approach. • Because these agencies are part of the executive branch of the federal government, there may be pressure from the president or close aides on the outcome. Fire & Emergency Services Administration

14. Proposals and Comments • Both the federal government and the NFPA are looking for consensus from stakeholders. • The proposal is more likely to succeed if it is supported by hard data and backed by a well-thought-out line of reasoning. • The proposal or comment submitter must be able to convince the regulator or committee members that the proposal has merit. Fire & Emergency Services Administration

15. State Regulations • Almost all regulations in the fire and emergency services are actually state statutes. • The one major exception is 29 CFR 1910.120, Hazardous Waste Operations and Emergency Response • Only a few states regulate fire operations such as requirements for fire-fighter certification. Fire & Emergency Services Administration

16. State and Local Building and Fire Codes • Most state and local governments adopt building and fire codes. • At the present time, there are two national organizations promulgating building and fire codes: • NFPA • ICC • These codes have helped reduce life and property losses from fires and are typically updated as new hazards are identified. Fire & Emergency Services Administration

17. Local Regulations • Many local regulations are adopted that specify building and fire code requirements. • Policies can be implemented at the local level with or without formal legislation. • Numerous policies that act like regulations are issued by local governments. Fire & Emergency Services Administration

18. Zoning Regulations • Generally they are to prevent noncompatible uses, such as heavy commercial development in a residential neighborhood. • However, some were created to control fire hazards, such as the following: • Masonry wall on each property line • Minimum width of streets Fire & Emergency Services Administration

19. Union Contracts • Important part of political landscape. • Used to adopt standards and local regulations. • Main goal of the union is to maximize benefits and provide safety for members. • It is not unusual to find items that refer to management rights in union contracts. Fire & Emergency Services Administration

20. Government Regulation Using Taxes and Fees • To implement a public policy, governments can affect taxpayers’ decisions about a purchase or service. • These can either be positive or negative, such as increased taxes or tax deductions. Fire & Emergency Services Administration

21. Fire Service Laws and Regulations • Some states have mandatory fire-fighter training and certification. • OSHA regulations • Confined space • Respiratory protection • Bloodborne pathogens • Hazardous waste • Fire brigades Fire & Emergency Services Administration

22. OSHA’s General Duty Clause • Requires the employer to furnish a place of employment that is safe from hazards that are likely to cause injury, sickness, or death. • Allows the use of safety standards that have not been officially adopted by OSHA. • As a minimum, departments should consider complete compliance with NFPA 1500. Fire & Emergency Services Administration

23. NFPA Standards • At the top of the list of NFPA standards that have a substantial effect on the fire services are NFPA 1500 and NFPA 1710. Fire & Emergency Services Administration

24. NFPA 1710 • Will probably have more impact on the FES than any other except NFPA 1500. • Career refers to fire fighters who are on duty in the fire station and may include volunteers. • Combination departments must be “substantially career” to use this standard. Fire & Emergency Services Administration

25. NFPA 1710 Response Times • Once alerted, turnout must be one minute or less to 90% of the incidents. • Once on the road, the standard is a maximum of four (4) minutes’ response time for the first-arriving engine or eight (8) minutes for the entire assignment to 90% of the incidents. • The 90% level allows for companies who may be out of position or busy at another call. Fire & Emergency Services Administration

26. NFPA 1710 Staffing • Three fire fighters and a officer are required for all companies. • A company can staff both an engine and ambulance (or water tender) with four persons as long as they can meet the response times at the 90% level. • Total initial response to a structural fire is 14 fire fighters. Fire & Emergency Services Administration

27. The National Highway Traffic Safety Administration • Created in 1970 to carry out safety programs aimed at reducing the number of vehicle crashes, injuries, and deaths • Directly involved in the use of medivac helicopters to transport victims to shock trauma centers • Responsible for training and certification of EMTs Fire & Emergency Services Administration

28. The Court System • Three levels • District • Appellate • Supreme • Federal law takes precedence over state law except for laws that fall under the protection of states’ rights in the 11th Amendment to the Constitution. Fire & Emergency Services Administration

29. Attorneys • Insist that the attorney provide historical legal precedent from appeals court decisions or higher. • Ask the attorney to argue all sides of the issue. • “Beware of the attorney who wants to settle too quickly at the fire department’s expense” (Edwards, 2000). • Avoid getting advice from an attorney who may not have the appropriate background or best interests of the FES agency in mind. • Educate them as you would any other person who must work closely with the department. Fire & Emergency Services Administration

30. Legal Aspects of the Fire and Emergency Services • See checklists on pages 143 and 144. Fire & Emergency Services Administration