Chapter 1 - Duties and Authority Flashcards

1
Q

What statement accurately describes the ultimate goal of any fire and life safety inspection program?

A

a fire that does not occur is the one that is most easily controlled.

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2
Q

A person who is trained and certified to perform fire and life safety inspections of all types of new construction and existing occupancies is?

A

Inspector

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3
Q

Legislation that fives appropriate officials the authority to implement or enforce the law is?

A

Enabling Legislation

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4
Q

Who’s responsibility is it to train and certify inspection and code enforcement personnel?

A

the AHJ

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5
Q

AHJ means?

A

authority having jurisdiction

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6
Q

Who’s responsibility is it to continue with professional development?

A

the inspectors

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7
Q

The _________ portion of a state./province outside the jurisdiction of municipalities that does not provide an inspection program.

A

Unincorporated

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8
Q

4 general duties of the Building Department

A
  • reviewing and approving all new construction and renovations to existing structures.
  • conducting plan reviews
  • issuing permits related to building and their use
  • making field inspections to verify that approved plans are following in the construction and alteration process.
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9
Q

Private-sector inspectors have two common roles:

A
  • ensure that appropriate levels of fire and life safety are maintained within all the company’s building and facilities.
  • risk assessor when working for an insurance or underwriting company
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10
Q

Standard for professional qualification for fire inspector and plan examiner?

A

NFPA 1031

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11
Q

NFPA 1031 separates the inspector’s duties into ____ levels.

A

3

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12
Q

Inspector 1 or 2 job?

handle citizen complaints related to fire and life safety

A

1

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13
Q

Inspector 1 or 2 job?

interpret and apply adopted codes and standards?

A

1

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14
Q

Inspector 1 or 2 job?

perform fire and life safety inspections of new and existing structures

A

1

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15
Q

Inspector 1 or 2 job?

determine occupancy loads for single-use buildings

A

1

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16
Q

Inspector 1 or 2 job?

participate in legal proceedings involving fire and life safety code issues

A

1

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17
Q

Inspector 1 or 2 job?

verify water supply fire flow capacity to determine the ability of water supply systems to provide the required level of protection

A

1

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18
Q

Inspector 1 or 2 job?

interpret and apply adopted codes and standards

A

2

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19
Q

Inspector 1 or 2 job?

determine occupancy loads for multiuse building

A

2

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20
Q

Inspector 1 or 2 job?

testify at legal proceedings

A

2

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21
Q

Inspector 1 or 2 job?

apply fire and life safety codes requirements to complex situations

A

2

22
Q

Inspector 1 or 2 job?

analyze and recommend modifications to fire and life safety codes

A

2

23
Q

Inspector 1 or 2 job?

evaluate code compliance in the manufacture, storage, and use of flammable and combustible liquids, gases, and hazardous materials.

A

2

24
Q

A _________- is any material that is explosive, flammable, poisonous, corrosive, irritating, or otherwise harmful and likely to cause injury or death.

A

Hazardous Material

25
Q

Inspections can take place for different reasons including (7)

A
annual/routine
issuance of a permit
response to a complain
eminent hazard
new construction
change in occupancy
owner/occupant request
26
Q

Can a owner refuse entry to an inspector?

A

yes. if so, the inspector may need to request in writing an administrative warrant from a judge

27
Q

Who establishes the min. level of training for inspectors and code officials?

A

The AHJ

28
Q

In most cases, the inspector is or is not responsible for enforcing federal regulations.

A

is not

29
Q

Do municipal inspectors have the authority to inspect state or federal facilities located within their jurisdictions?

A

rarely

30
Q

Local jurisdictions may adopt state laws by two methods. What are they?

A

By Reference or by enabling act

31
Q

Adoption by reference means?

A

that the local jurisdiction will follow the state law exactly as written

32
Q

adoption by enabling acts means?

A

this gives the local jurisdiction the use of state law as their basic but then adds or deletes regulations or ordinances based on local needs or preferences.

33
Q

The development and implementation of fire codes are usually the result of a cooperative effect among the following organizations and people.

A
  • fire dept. admin
  • mayor or city manager
  • municipal legislative body
  • legislative body, council, or board
34
Q

The legal status of an inspector defines what?

A

the amount of authority granted to the inspector, the responsibility to act, and the protection against legal action that the jurisdiction provides?

35
Q

What is a discretionary act?

A

acts involving actions inspectors consider necessary to fulfill their responsibilities.

36
Q

What is the public-duty doctrine?

A

states that a government cannot be held liable for an individuals injuries resulting from a gov. officer’s or employee’s breach of a duty owed to the general public health than to the individual plaintiff.

In English - a community cannot be required to do something and at the same time be immune from liability if it or is officers do a job inadequately or negligently.

37
Q

What is Indemnify?

A

where one party agreeing to compensate another party for losses or damages that are incurred if specific actions or event occur.

38
Q

To indemnify the inspector means what?

A

that the AHJ assumes the responsibility for any claims against the individual.

39
Q

What is Special Duty?

A

type of obligation that an inspector assumes by providing expert advice or assistance to a person.

40
Q

What amendments give property owners the right to refuse admittance to an inspector?

A

The fourth and fourteenth amendments

41
Q

how does an administrative warrant differ from a search warrant?

A

administrative warrant is a demand to enter for the purpose of inspection. there is no requirement for the inspector to claim or list a probable cause.

Search warrants are issued when a LEO establishes probable cause that a crime has been committed and evidence supporting that is on the property.

42
Q

What is a cease and desist order

A

court order prohibiting a person or business form continuing a particular course of conduct

43
Q

Federal laws concerning inspections include the following topics

A
  • employee safety
  • transportation of hazardous materials
  • patient safety in health care facilities
  • accessibility for handicapped citizens
  • minimum housing standards
44
Q

Enabling legislation defines ___

A

the extent and limitations of the departments authority

45
Q

Define duty to inspect clause

A

the clause charge the inspector with total enforcement. The code is applied equally to all applicable occupancies in a given jurisdiction

46
Q

From a liability standpoint, is it better to less, more thorough inspections or more frequent, less complete inspections

A

less inspections, more thorough and complete

47
Q

_______ gives the local jurisdiction the use of the state/provincial laws as their basis but then adds or deletes regulations or ordinances based on local needs or preferences.

A

enabling acts

48
Q

adoption by _______ means that the local jurisdiction will follow the state/provincial laws exactly as written.

A

reference

49
Q

________ legislation defines the extent and limitations of the department’s authority

A

enabling

50
Q

_____________is the constitutional right of the government to impose laws, statutes, and ordinances

A

police power

51
Q

a __________ warrant is a demand to enter for the purpose of inspection

A

administrative