Chapter 11

1. Chapter 11 Governmental and Departmental Influences on Fire Prevention

2. Objectives • Describe the difference between private sector and governmental influences on fire prevention. • Describe the interrelationships between federal, state, local, and fire departmental influences on fire prevention programs. • Describe how local authority for fire prevention programs flows from national and state levels. • Identify some key federal agencies that have influence on fire prevention programs.

3. Objectives (cont.) • Identify state roles in fire protection and prevention. • Describe how fire department structure and organizational culture influences fire prevention programs. • Describe how fire prevention fits into community efforts and the importance of leadership for fire prevention programs.

4. The Private Sector • Some of the most influential national “players” on the fire prevention scene are in the private sector. • Private sector influences are those that do not have regulatory authority. • They can influence fire prevention efforts in a variety of ways. • Among these are providing voluntary standards of performance or installation for fire protection features; provision of fire safety materials; and product safety testing.

5. The Private Sector (cont.) • The NFPA has been around since 1896, when it was formed primarily by insurance interests. • It is a nonprofit with significant influence on prevention. • It provides substantial code and standards development. • Thousands of volunteers work on over 200 voluntary safety standards that impact fire prevention. • It also produces standards for fire protective clothing and equipment, fire apparatus specifications, professional qualification standards, and more. • It provides a host of educational materials for training fire prevention personnel and for public education.

6. The Private Sector (cont.) • The International Code Council (ICC) is another non-profit with significant influence. • Their primary role has been in the development of building, fire, plumbing, and mechanical codes. • They promulgate the building and fire codes adopted in most jurisdictions across the nation. • The insurance industry wields a tremendous influence on fire prevention efforts. • They are involved in researching how fires start, developing regulations, and creating fire safety educational products. • Their impact also includes determining the cost of insurance and how it is provided.

7. The Private Sector(cont.) • Some insurance entities, like Factory Mutual, provide insurance and engineering and loss control expertise to their clients. • Many support fire prevention programs at a national or local level. • A safer community or business will likely need insurance-provided reconstruction funds. • Underwriters Laboratories (UL) is one of the largest safety testing labs in the world. • Conducts rigorous safety and performance testing of various products.

8. The Private Sector (cont.) • What these private sector organizations have in common is that they are voluntary. • Most function because their roles have been either formally or informally adopted by government agencies. • Government adopts the rules that govern behaviors. • Consequently, the role that government plays in fire prevention is very powerful.

9. Private Fire Departments

10. Private Fire Departments • There are private fire departments throughout the U.S., who may influence prevention in both their own and outside their jurisdictions. • There are also private departments providing protection for large companies and universities. • Private departments have their own set of corporate rules to follow, rather than government regulations. • Their efforts may be just as effective, and in some cases, perhaps more so. • Some provide their own fire prevention inspection services (e.g., major hotel chains, such as Marriott).

11. Governmental Influences

12. Governmental Influences • One thing government does is provide the “rules” by which society operates. • Government has a direct regulatory impact and/or the force of legal authority governing fire prevention efforts. • There are several levels of government that can influence fire prevention programs. • Federal, state, local, and departmental

13. Federal Level Influences • Generally, the authority to govern comes from the federal government, passed on to the states, and then on to local authorities. • There are a number of federal agencies that have influence over fire protection and fire prevention.

14. Federal Agencies that Influence Fire Prevention • Internal Revenue Service (IRS) • Has helped local agencies in the investigation of fraud • Typically works with other federal public safety agencies • Federal Bureau of Investigation (FBI) • If within its jurisdiction, has actively participated in fire prevention when criminal behavior was suspected • Operated the Uniform Crime Reporting system • Offers arson control-related courses at its academy

15. Federal Agencies (cont.) • The Bureau of Alcohol, Tobacco, and Firearms (BATF) • Concerned with arson, with a focus on explosives • Maintains National Arson Response teams for major incidents • Supports the acquisition and training of accelerant-detecting dogs for local and regional fire investigation programs • Department of Defense (DOD) • Maintains fire safety research and regulations for military property worldwide • Their experience with fire prevention has been studied and recognized • Studies at U.S. Air Force facilities using kitchen cooking safety appliances showed how technology can be used to control kitchen cooking fires

16. Federal Agencies (cont.) • Department of Transportation (DOT) • Regulates the transport of hazardous materials • Safety placard system has helped identify, control, and mitigate further damage from hazardous materials when involved in a vehicle crash • Department of Health and Human Services (DHHS) • Responsible for funding the care of most patients in nursing or other healthcare facilities • Require inspections of those facilities, often using state-level personnel • Overlapping of jurisdictions requires development of effective relationships among those involved

17. Federal Agencies (cont.) • National Transportation Safety Board (NTSB) • Investigates airliner and railroad crashes • Authorized by federal law to investigate significant transportation incidents to determine cause • Findings from investigations may provide the basis for new safety features or regulations

18. Federal Agencies (cont.) • Consumer Product Safety Commission • Created to protect against unreasonable risks of injuries associated with consumer products • Develops voluntary and mandatory standards, bans dangerous products, issues product recalls, and researches potential product hazards • Created flammability standards for children’s sleepwear • National Institute of Standards and Technology (NIST) • Home of the national Building and Fire Research Laboratory • Performs research on materials, fire detection methods, fire propagation, and human aspects in fire problems • One NIST goal: To examine innovative fire protection methods

19. U.S. Fire Administration • Department of Homeland Security houses FEMA, which houses the USFA, which houses the National Fire Academy (NFA). • Formed in 1974, fire prevention was one of its principal responsibilities. • It developed the National Fire Incident Reporting System (NFIRS) and the data center for analysis. • It manages the Learning Resource Center (LRC), which is a resource for fire prevention materials and research papers.

20. U.S. Fire Administration (cont.) • USFA website contains free publications, studies, and materials for fire prevention. • Includes specialized materials for juvenile firesetting and the annual fire safety campaign • USFA hosts a bi-annual conference for state fire marshals and metro-size fire marshals. • Called Prevention, Advocacy, Resource & Data Exchange (PARADE) • Focal point for professional development, networking, and coordinated activity of fire prevention in the U.S.

21. U.S. Fire Administration (cont.) • USFA is located within FEMA. • FEMA has an influence over fire prevention efforts independent of its role as the “parent” organization for the USFA. • FEMA houses the Assistance to Firefighter Grant (AFG) program, which provides funding for fire protection programs. • Within the AFG are Fire Prevention & Safety grants. • Individual fire departments and non-profit organizations with an active interest in fire prevention, can apply for these grants.

22. State Influenceon Fire Prevention • Level of authority retained in each state varies widely. • Usually, fire prevention and fire code enforcement is found in the offices of the State Fire Marshal. • Not every state has established a State Fire Marshal position. • Although responsibilities vary from state to state, they typically include: • Fire safety code adoption and enforcement. • Fire and arson investigation. • Fire incident data reporting and analysis. • Public education and advising governors and state legislatures on fire protection.

23. State Influenceon Fire Prevention (cont.) • Some State Fire Marshals are also responsible for: • Firefighter training • Hazmat incident response • Wildland fires • Regulation of natural gas and other pipelines • Most State Fire Marshals are appointed by governors or other high-ranking officials. • Some are state police officers. • Many are former firefighters. • Some are fire protection engineers. • Others are former state legislators, insurance experts or union officials.

24. State Influenceon Fire Prevention (cont.) • Aside from code adoption, every state has a legislative body that establishes law. • Legislatures can have a significant influence on fire prevention through the legislative process. • Examples of state influence include: • Requirements in the InternationalResidential (construction) Code. • Use of smoke alarms in every home. • Prohibiting sale of “novelty” lighters. • Training required for fire preventionprofessionals.

25. Local Agencies Influenceon Fire Prevention • Sometimes local authority resides with county government. • To varying degrees, some counties take on that responsibility and establish a formal fire marshal’s office. • Other counties relegate the responsibility to another government agency, or elect not to provide that service. • Other counties take a lead role in prevention activities. • Larger municipalities tend to reserve fire suppression and prevention activities for themselves.

26. Local Agencies Influenceon Fire Prevention (cont.) • Some have said that all fires occur locally, so all fire prevention efforts should be local. • Local agencies may ultimately wield the largest influence on fire prevention efforts. • They are the closest to the point of contact where prevention efforts will do the most good. • These are the individual citizens who start and/or are harmed by fire.

27. Fire Departmental Influences on Fire Prevention

28. Fire Departmental Influences on Fire Prevention • There are over 30,000 fire departments in the United States. • A local department can make or break prevention programs by deciding to initiate them or cut them due to budget constraints or lack of interest. • An organization that does not value prevention, will not support it to any great extent. • The formal structure of a department and where fire prevention fits in, determines its level of importance within the organization.

29. Hypothetical Fire Department Organizational Structure Fire Chief Example A Example B Fire Chief Logistics Operations FIRE MARSHAL Logistics Operations Finance FIRE MARSHAL EMS SupportStaff The organizational charts shown here provide very different clues as to the level of importance fire prevention efforts receive from these respective fire departments.

30. Fire Departmental Influences on Fire Prevention (cont.) • The closer prevention is to the organization, the higher the level of support they usually receive, at least on the surface. • Ultimately, the formal structure may indicate how important fire prevention should be. • The reality may lay somewhere below the surface view. • Organization mission and structure are not always indicators of the true level of importance. • An ultimate measure is the percentage of the budget devoted to prevention (although there are other ways to support it without direct budget dollars).

31. Law Enforcement Status • The level of law enforcement powers a department receives may also be an indicator of the status of prevention. • It is difficult to administer the fire code without the police powers to enforce it. • In cases of arson, a department will either turn the investigation over to a police agency, or become a part of the criminal investigation, arrest and prosecution.

32. Law Enforcement Status (cont.) • Assigning police powers to investigators can be a mixed blessing. • It can improve an organization’s ability to actively contribute to investigations and prosecutions of suspected arson cases. • It can also increase costs in terms of training, and the potential for dilution of investigation resources.

33. Summary • Both governmental agencies and private sector organizations can heavily influence fire prevention efforts. • The role of enforcement is usually reserved for government, and thus distinguishes it from private sector. • The authority to adopt and enforce fire codes, for example, flows from the federal to the state and ultimately to the local level. • Throughout that continuum, there is an interrelationship between agencies where opportunities to cooperate on fire prevention efforts abound.

34. Summary (cont.) • There are numerous federal governmental agencies that influence fire prevention efforts. • Each state may also influence fire prevention efforts in unique ways. • Some offer a wide range of prevention services, including training, data collection and analysis, inspections and investigation services, and public education. • Others offer minimal services, but may still play an important role in the legislative process where codes are often adopted, or independent laws regarding safety are created.

35. Summary (cont.) • Ultimately, whatever power flows through the federal and state level to the local level, it will reside in some form of a fire safety agency that functions at that level. • As such, the informal and formal organizational mission and structure can wield perhaps the most influence on fire prevention efforts. • It is important to note that at nearly every level of government, federal, state or local, other agencies (outside the fire service) also influence fire prevention efforts.

36. Summary (cont.) • It should go without saying, but it is often ignored, that fire prevention efforts are best when they are done in a collaborative fashion with others. • Leadership and collaboration are critical values for fire prevention efforts, if they are to be successful.