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

22
Q

Inspector 1 or 2 job?

analyze and recommend modifications to fire and life safety codes

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.

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
Inspections can take place for different reasons including (7)
``` annual/routine issuance of a permit response to a complain eminent hazard new construction change in occupancy owner/occupant request ```
26
Can a owner refuse entry to an inspector?
yes. if so, the inspector may need to request in writing an administrative warrant from a judge
27
Who establishes the min. level of training for inspectors and code officials?
The AHJ
28
In most cases, the inspector is or is not responsible for enforcing federal regulations.
is not
29
Do municipal inspectors have the authority to inspect state or federal facilities located within their jurisdictions?
rarely
30
Local jurisdictions may adopt state laws by two methods. What are they?
By Reference or by enabling act
31
Adoption by reference means?
that the local jurisdiction will follow the state law exactly as written
32
adoption by enabling acts means?
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
The development and implementation of fire codes are usually the result of a cooperative effect among the following organizations and people.
- fire dept. admin - mayor or city manager - municipal legislative body - legislative body, council, or board
34
The legal status of an inspector defines what?
the amount of authority granted to the inspector, the responsibility to act, and the protection against legal action that the jurisdiction provides?
35
What is a discretionary act?
acts involving actions inspectors consider necessary to fulfill their responsibilities.
36
What is the public-duty doctrine?
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
What is Indemnify?
where one party agreeing to compensate another party for losses or damages that are incurred if specific actions or event occur.
38
To indemnify the inspector means what?
that the AHJ assumes the responsibility for any claims against the individual.
39
What is Special Duty?
type of obligation that an inspector assumes by providing expert advice or assistance to a person.
40
What amendments give property owners the right to refuse admittance to an inspector?
The fourth and fourteenth amendments
41
how does an administrative warrant differ from a search warrant?
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
What is a cease and desist order
court order prohibiting a person or business form continuing a particular course of conduct
43
Federal laws concerning inspections include the following topics
- employee safety - transportation of hazardous materials - patient safety in health care facilities - accessibility for handicapped citizens - minimum housing standards
44
Enabling legislation defines ___
the extent and limitations of the departments authority
45
Define duty to inspect clause
the clause charge the inspector with total enforcement. The code is applied equally to all applicable occupancies in a given jurisdiction
46
From a liability standpoint, is it better to less, more thorough inspections or more frequent, less complete inspections
less inspections, more thorough and complete
47
_______ 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.
enabling acts
48
adoption by _______ means that the local jurisdiction will follow the state/provincial laws exactly as written.
reference
49
________ legislation defines the extent and limitations of the department's authority
enabling
50
_____________is the constitutional right of the government to impose laws, statutes, and ordinances
police power
51
a __________ warrant is a demand to enter for the purpose of inspection
administrative