Transcript Essentials

Fire Inspection and Code
Enforcement, 7th Edition
Chapter 1 — Duties and Authority
Inspector I
Learning Objective 1
Compare and contrast public and
private inspection organizations.
Inspector I
1–1
Public Organizations
• May include fire, building, or code
enforcement departments
• Vary in size and complexity
• Fire department
– Responsibilities
– Staffing — Sworn vs. nonsworn
(Continued)
Inspector I
1–2
DISCUSSION QUESTION
Who often manages the fire prevention
division of the fire department?
Inspector I
1–3
Public Organizations
• Building department
– Civilians
– Responsibilities
• Code enforcement department
Inspector I
1–4
DISCUSSION QUESTION
What are some responsibilities of the
code enforcement department?
Inspector I
1–5
Private Organizations
• Common roles
• Working relationships with public-sector
inspectors
Inspector I
1–6
Learning Objective 2
Explain the duties of NFPA® 1031
Level I inspectors.
Inspector I
1–7
Duties of NFPA® 1031
Level I Inspector
• Handle citizens complaints related to
fire and life safety.
• Interpret and apply adopted codes and
standards.
• Perform fire and life safety inspections
of new and existing structures.
(Continued)
Inspector I
1–8
Duties of NFPA® 1031
Level I Inspector
• Determine occupancy loads for single-
use buildings.
• Participate in legal proceedings
involving fire and life safety code
issues.
• Verify water supply fire flow capacity to
determine the ability of water supply
systems to provide the required
(Continued)
level of protection.
Inspector I
1–9
Duties of NFPA® 1031
Level I Inspector
Inspector I
1–10
Learning Objective 3
Describe the categories of inspections.
Inspector I
1–11
Categories of Inspections
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Annual (routine)
Issuance of a permit
Response to a complaint
Eminent hazard
New construction
Change in occupancy
Inspector I
1–12
DISCUSSION QUESTION
In what other situation may an
inspection be conducted?
Inspector I
1–13
Learning Objective 4
Describe the legal guidelines of
inspectors.
Inspector I
1–14
Legal Guidelines for Inspectors
• Be easily identifiable.
• State reason for inspection.
• Invite building owner/occupant to
accompany during inspection.
• Include other local inspection
authorities, if necessary.
(Continued)
Inspector I
1–15
Legal Guidelines for Inspectors
• Follow a written inspection procedure.
• Seek an administrative warrant if entry
request is denied.
• Issue a stop work or cease-and-desist
order for extremely hazardous
conditions.
(Continued)
Inspector I
1–16
DISCUSSION QUESTION
What is a cease-and-desist order?
Inspector I
1–17
Legal Guidelines of Inspectors
• Be certain that all licenses and permits
indicate that periodic inspections can be
made throughout duration.
• Be trained in applicable laws, codes,
standards, and ordinances.
• Maintain reliable record-keeping
system.
Inspector I
1–18
Professional Development
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•
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Code development organizations
Fire academies
Training and certification
Advancement
Programs and workshops provided by
professional organizations
Inspector I
1–19
Learning Objective 5
Compare the types of laws at federal,
state/provincial, and local levels that
apply to fire and life safety inspections.
Inspector I
1–20
Federal Laws
• Inspectors are not usually responsible
for enforcing
• Federal and some state/provincial
buildings are not required to comply
with local codes.
Inspector I
1–21
State/Provincial Laws
• May delegate inspection activities to
state/provincial government
• Can define building construction and
maintenance details
• May empower agencies to issue
regulations
Inspector I
1–22
DISCUSSION QUESTION
Who is responsible for communicating
the authority of the local jurisdiction to
other agencies with fire-related
concerns?
Inspector I
1–23
Local Laws and Ordinances
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More specific
Adoption of state/provincial regulations
Adoption by reference
Adoption in the form of enabling acts
Enabling legislation
Building and fire codes
(Continued)
Inspector I
1–24
Local Laws and Ordinances
Inspector I
1–25
DISCUSSION QUESTION
What is the purpose of enabling
legislation?
Inspector I
1–26
Learning Objective 6
Discuss the legal status of both the
public and private sector inspector.
Inspector I
1–27
Legal Status of Inspectors
• Defines the amount of authority
granted to the inspector, the
responsibility to act, and the protection
against legal action that the jurisdiction
provides
Inspector I
1–28
Public Sector
• Nonsworn vs. sworn employees
• State governments
• Police power
Inspector I
1–29
DISCUSSION QUESTION
What empowerments may be granted
to inspectors by law?
Inspector I
1–30
Private sector
• Legal status
• Should be familiar with legal basis for
performing inspection and code
enforcement
• Insurance company inspectors —
Should be familiar with local municipal
codes and how they compare to
insurance company’s codes
Inspector I
1–31
Conflict Between Public and
Private Requirements
• Insurance companies often have more
stringent requirements.
• Some insurance requirements are
targeted more at property protection
than life safety.
(Continued)
Inspector I
1–32
Conflict Between Public and
Private Requirements
• Life safety code issues must always
have precedence over property
conservation considerations.
• Insurance company inspectors may find
that employer’s requirements bring
them into conflict with company they
are inspecting, public inspectors, or
both.
Inspector I
1–33
Learning Objective 7
Discuss general liability considerations
of all inspectors.
Inspector I
1–34
Liability Considerations
• Changes resulting from lawsuits and
challenges continually alter limits of
liability.
• In general, inspectors are not held
liable for discretionary acts.
Inspector I
1–35
DISCUSSION QUESTION
What is a discretionary act?
Inspector I
1–36
Liability Limits
• Most model fire codes contain language
that limits the liability of the jurisdiction
and inspector.
• States have modified constitutions to
eliminate public-duty doctrine.
Inspector I
1–37
Indemnification
• Indemnify — The AJH assumes
responsibility for any claims against the
individual.
• Procedures vary depending on state
law.
Inspector I
1–38
Duty to Inspect
• Duty-to-inspect clause — Normally does
not allow selective enforcement;
charges inspector with total
enforcement
• Better to conduct fewer but more
thorough inspections and follow up on
violations than to perform more
frequent but incomplete inspections.
Inspector I
1–39
Questionable Practices That May
be Viewed as Oppression
• Performing inspections in a manner that
discriminates against certain group of
people or classification of business
• Signaling out certain groups or classes
without justification
• Targeting specific business or industry
but never inspecting similar businesses
(Continued)
Inspector I
1–40
Questionable Practices That May
be Viewed as Oppression
• Conducting inspections according to
different frequencies for certain
businesses
• Conducting inspections based on race,
religion, or ethnic background
• Conducting inspections as means of
retaliation
Inspector I
1–41
DISCUSSION QUESTION
What may an inspector have to do
when confronting special issues that
require a more highly trained individual
such as a fire protection engineer?
Inspector I
1–42
Learning Objective 8
Describe how right of entry is limited
and permitted by the law.
Inspector I
1–43
Right of Entry
• Essential for inspectors to fulfill duties
• U.S. Supreme Court
– Ruled that property owners have right to
refuse entry to inspector without legal
instrument or warrant
– Held that portions of commercial premises
not open to public may only be entered for
inspections with warrant
(Continued)
Inspector I
1–44
Right of Entry
• Warrants
– Search warrant
– Administrative warrant
• Refusal forms
• Consent-to-enter form
Inspector I
1–45
Summary
• Inspectors are responsible for ensuring
that the fire and life safety program of
the jurisdiction is successful.
• By performing their assigned duties,
inspectors review plans, issue permits,
inspect new and existing facilities, and
respond to complaints.
(Continued)
Inspector I
1–46
Summary
• Inspector authority may be based on
national, state/provincial, or local laws
or the regulations established by their
employer.
Inspector I
1–47
Review Questions
1. List several types of public inspection
organizations.
2. What are some duties of a Level I
Inspector?
3. List several categories of inspections.
(Continued)
Inspector I
1–48
Review Questions
4. Are federal buildings required to
comply with local codes? Why or why
not?
5. What is a consent-to-enter form?
Inspector I
1–49