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Fire Inspection and Code Enforcement > Ch. 1 Duties and Authority > Flashcards

Ch. 1 Duties and Authority Flashcards

1
Q

What is a person who is trained to perform prevention and life safety inspections of all types of new construction and existing occupancies is called?

A

Inspector

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2
Q

Federal or state/provincial legislative act that becomes law; prescribes conduct, defines crimes and promotes public good and welfare is called what?

A. Regulations
B. Enabling Legislation
C. Statute or Statutory Law
D. Ordinance

A

Statute or Statutory law

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3
Q

Rules or directives of administrative agencies that have authorization to issue to them is called what?

A. Statute or Statutory Law
B. Regulations
C. Ordinance
D. Enabling Legislation

A

Regulations

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4
Q

Local municipal law that applies to persons and things of the local jurisdiction is called what?

A. Regulations
B. Ordinance
C. Enabling Legislation
D. Statue or Statutory law

A

Ordinance

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5
Q

Page 15 of Fire Inspection and Code Enforcement, an inspector may be an employee of a ________ government agency, a _________ company, or an _____ company.

A

Public, private, insurance

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6
Q

Legal entity who has the statutory authority to enforce a code and to approve or require equipment is called?

A

Authority having jurisdiction (AHJ)

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7
Q

Page 18 of Fire Inspection and Code Enforcement, a category of inspection that is performed on a set basis, usually involving occupancy classifications is called what?

A

Routine Inspection

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8
Q

On page 19 of Fire Inspection and Code Enforcement, the 2 due process clauses in the U.S. Constitution are:

A

5th Amendment and 14th Amendment

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9
Q

Conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights is called?

A. Sanction
B. Due Process
C. Indict
D. Regulations

A

Due Process

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10
Q

Constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty or property is called?

A. Due Process
B. Due Process Clause
C. Regulations
D. Sanction

A

Due Process Clause

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11
Q

On page 19 and 20 of Fire Inspection and Code Enforcement, Code compliance procedures are as follows:

A. Notification, Sanction, Prosecution, Follow up Inspection
B. Sanction, Notification, Follow Up Inspection, Prosecution
C. Notification, Follow up inspection, Sanction, Prosecution

A
  1. Notification
  2. Follow-up Inspection
  3. Sanction
  4. Prosecution
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12
Q

Notice or punishment attached to a violation for the purpose of enforcing a law or regulation is what?

A

Sanction

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13
Q

On page 21 of Fire Inspection and Code Enforcement, the 3 types of criminal violations are:

A

Summary Offense
Misdemeanors
Felonies

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14
Q

On page 21 of Fire Inspection and Code Enforcement, Misdemeanors are generally viewed as a “lesser” crime that is punishable by a fine or a term of less than _____ years in jail or prison.

A

2 years

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15
Q

Speeding and parking violations are an example of what type of criminal violations?

A

Summary Offenses

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16
Q

On page 22 of Fire Inspection and Code Enforcement, depending on their severity, violations are given several time frames for abatement, such as ___ days, ___ days or immediately for severe hazards.

A

30 days, 60 days

17
Q

Affirmation or declaration made under oath, typically in the court of law is called?

A

Testimony

18
Q

Another name for fact testimony is:

A

Lay testimony

19
Q

On page 27 of Fire Inspection and Code Enforcement, states or provinces may enact legislation that enables local jurisdictions to adopt state/provincial regulations. Two ways to do this are:

A

Adopting by reference

Enabling Acts

20
Q

Local jurisdiction will follow the state/provincial laws exactly as written is called what?

A

Adopting by reference

21
Q

Local jurisdiction uses state/provincial laws as their basis, but then allows additions or deletions to regulations or ordinances based on local needs or preferences is called what?

A

Enabling Acts

22
Q

Written order that authorizes an inspector to enter a property for the purpose of conducting an inspection is called what?

A

Administrative Warrant

23
Q

Written order, in the name of the people, state, province, territory, or commonwealth, signed by a magistrate, commanding a peace officer to search personal property or other evidence and return it to the magistrate is called what?

A

Search Warrant

24
Q

To agree that one party will compensate another party for losses or damages that are incurred if specific actions or events occur is called what?

A. Special Duty
B. Indemnify
C. Liability
D. Indict

A

Indemnify

25
Q

Type of obligation that an inspector assumes by providing expert advice or assistance to a person is called what?

A

Special duty

26
Q

Commission of an unlawful act; committed by a public official is called what?

A. Negligence
B. Nonfeasance
C. Misfeasance
D. Malfeasance

A

Malfeasance

27
Q

Failure to exercise the same care that a reasonable, prudent, and careful person would under the same or similar circumstance is called what?

A. Negligence
B. Nonfeasance
C. Misfeasance
D. Malfeasance

A

Negligence

28
Q

Improper performance of a legal or lawful act is called what?

A. Negligence
B. Nonfeasance
C. Misfeasance
D. Malfeasance

A

Misfeasance

29
Q

Failing to perform a required duty is called what?

A. Negligence
B. Nonfeasance
C. Misfeasance
D. Malfeasance

A

Nonfeasance

30
Q

There are two ways in which one can be judged negligent:

A

Misfeasance or Nonfeasance

31
Q

States that a government entity cannot be held liable for an individual plaintiff’s injury resulting from a governmental officer’s or employee’s breach of duty owed to the general public rather than to the individual plaintiff is called what?

A. Public Duty Doctrine
B. Special Duty
C. Indemnify
D. Liability

A

Public-Duty Doctrine

32
Q

On page 34 of Fire Inspection and Code Enforcement, developing policies and procedures should contain basic information at the top that assists the reader in navigating the document:

A
  1. Subject
  2. Procedure Number
  3. Dates
  4. Supersedes
  5. Approvals
  6. Distribution
  7. Applicability
  8. Revision
  9. Forms used
33
Q

On page 34 of Fire Inspection and Code Enforcement, the steps for determining the need for a new policy or procedure are as follows:

A 
Identify problem
Collect data
Select model
Establish timetable
Conduct evaluation
Select best response
Revision process
Recommend policy/procedure

Fire Inspection and Code Enforcement (16 decks)

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