Duties and Authority Flashcards

1
Q

An inspector is given the authority to perform his or her duties based on the laws:
A. Created and adopted by federal agencies.
B. Created and adopted by third-party associations working parallel to a fire department.
C. Adopted by the AHJ or regulations established by the private sector organization.
D. Adopted by the insurance industry or regulations established by the private sector utilities.

A

C. Adopted by the AHJ or regulations established by the private sector organization.

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2
Q

Which of the following is the foundation upon which the department and local fire in life safety codes are built?
A) Liability
B) Authority
C) Civil rights
D) Enabling legislation

A

D) enabling legislation

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3
Q

Which of the following is MOST accurate regarding the scope of powers granted to inspection organizations?
A) The scope of powers varies widely among jurisdictions.
B) The scope of powers remains consistent for all third-party organizations.
C) The scope of power varies with the number of fire personnel in a jurisdiction.
D) The scope of power remains consistent in all organizations within the United States.

A

A) The scope of powers varies widely among jurisdictions.

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4
Q

Minimum housing standards are set in which type of law?
A) Local law
B) State law
C) Federal law
D) Insurance law

A

C) Federal Law

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5
Q

Which of the following is most accurate regarding local inspectors enforcing federal regulations?
A) Local inspectors are responsible for enforcing federal regulations.
B) Local inspectors are not responsible for enforcing federal regulations.
C) Local inspectors are responsible for enforcing federal regulations if violations occur within federal property.
D) Local inspectors are not responsible for enforcing federal regulations nor do they need to report violations.

A

B) local inspectors are not responsible for enforcing federal regulations.

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6
Q

Which category of laws involves labor laws, insurance laws, and health laws?
A) Local law.
B) State law.
C) Federal law.
D) Insurance law.

A

B) State law.

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7
Q

Which category of laws is more specific and tailored towards the needs of a particular jurisdiction?
A) Local law.
B)  State law.
C) Federal law.
D) Insurance law.

A

A) local law.

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8
Q

Which of the following best describes enabling acts?
A) A jurisdiction adopts and follows federal laws as exactly as written.
B) A jurisdiction adopts and follows the state board/provincial laws exactly as written.
C) A jurisdiction adopt federal laws, but is allowed to modify laws based on local needs or preferences.
D) A jurisdiction adopts state/provincial laws, but is allowed to modify laws based on local needs or preferences.

A

D) A jurisdiction adopts state/provincial laws, but is allowed to modify laws based on local needs or preferences.

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9
Q

Which of the following best describes what occurs when a conflict arises between insurance requirements and adopted codes?
A) Mediator decides which takes precedence.
B) Owner/occupant decides which to follow.
C) Insurance requirements to take precedence.
D) Requirements of the adopted code take precedence.

A

D) requirements of the adopted code take precedence.

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10
Q

What authorizes inspectors to interrupt business operations or to evacuate and close a building that presents imminently dangerous conditions?
A) Fire codes.
B) Police codes.
C) Building codes.
D) Insurance codes.

A

A) Fire codes.

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11
Q

Some jurisdictions grant designated inspectors different levels of authority based on:
A) Crime rate in the jurisdiction.
B) Number of businesses in the jurisdiction.
C) The codes the inspectors enforce in the jurisdiction.
D) Number of law enforcement officers in the jurisdiction.

A

C) The codes the inspectors in force in the jurisdiction.

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12
Q

The adopted fire and life safety codes of the jurisdiction should contain the language that explains the relationship between the:
A) Fire department and inspector.
B) Fire department and insurance company.
C) Police department and insurance company.
D) Police department and inspector with police powers.

A

D) police department and inspector with police powers.

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13
Q

Which of the following is MOST accurate regarding insurance companies and fire codes?
A) Insurance companies do not worry about fire codes.
B) Insurance companies often have relaxed fire code requirements.
C) Insurance companies often have more stringent fire code requirements than local codes.
D) Insurance companies often rely on local fire code requirements detailed by the fire marshal’s office.

A

C) Insurance companies often have more stringent fire code requirements than local codes.

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14
Q

Which of the following statements is most accurate regarding inspector liability?
A) Inspectors are held liable when following policy.
B) Inspectors are not held liable for discretionary acts in general.
C) Inspectors are always held liable when performing an act or enforcing a policy.
D) Inspectors are not held liable when failing to notify an owner or following is a policy when reporting a violation(s).

A

B) Inspectors are not held liable for discretionary acts in general.

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15
Q

Which of the following best describes the purpose of “right of entry”?
A) grants authority for emergency medical services to force entry if a patient is unresponsive.
B) Grants authority for insurance companies to enter and assess hazards and issue citations.
C) Grants the inspector of the authority to obtain Any evidence without a warrant or probable cause.
D) Grants the inspector the authority to enter any premises or building to perform an inspection or any duties authorized by the fire code.

A

D) grants the inspector the authority to enter any premises or building to perform an inspection or any duties authorized by the fire code.

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16
Q

Inspectors must obtain ________ if there is no emergency or visible hazard at a residential occupancy.
A) consent.
B) A warrant.
C) Special duty access.
D) Right of entry permission.

A

A) consent.

17
Q

An inspection refusal form:
A) provides the next date for inspection.
B) Provides detailed violation information.
C) Provides information for obtaining a warrant.
D) Provides recommendations for owner/occupant to change.

A

C) provides information for obtaining a warrant.

18
Q

Which of the following is most accurate regarding the “consent–two–enter” form?
A) The form will include information for obtaining a warrant.
B) The form should not be reviewed by legal counsel or fire chief.
C) The form allows inspectors to conduct future inspections without obtaining consent.
D) The form will remove questions regarding the original authorization to enter in perform an inspection.

A

D) The form will remove questions regarding the original authorization to enter and perform an inspection.

19
Q

Which of the following requires inspectors to establish probable cause?
A) Special duty.
B) Search warrant.
C) Duty to inspect.
D) Administrative warrant.

A

B) search warrant.

20
Q

From a liability standpoint, which of the following is MOST appropriate when conducting inspections?
A) scheduling inspection appointments every month.
B) Conducting fewer, but more thorough inspections.
C) Conducting frequent, but let’s throw inspections.
D) Only scheduling Inspections if inspectors receive complaints.

A

B) conducting fewer, but more thorough inspections.

21
Q

Failure to inspect a property does not impose a duty on the inspector unless laws or statutes impose such a duty or:
A) The jurisdiction hired a new inspector.
B) There is a known code violation present.
C) The inspector has missed two consecutive inspections.
D) There is a greater than normal activity occurring within the building.

A

B) there is a known code violation present.

22
Q

Which of the following occurs if an inspector singled out a certain group of people or a business without justification?
A) malfeasance.
B) Indemnification.
C) Criminal liability.
D) Civil rights violation.

A

D) civil rights violation.

23
Q

Most jurisdictions ______ their inspection personnel and provide liability insurance to protect them in areas where they may be held liable.
A) Record.
B) Validate.
C) approve.
D) Indemnify.

A

D) Indemnify.

24
Q

Which of the following refers to the commission of an unlawful act that is knowingly committed by public official?
A) Negligence.
B) misfeasance.
C) Malfeasance.
D) Nonfeasance.

A

C) Malfeasance.

25
Q

Which of the following refers to the unintentional commission of an unlawful act?
A) Negligence.
B) Misfeasance.
C) Malfeasance.
D) Nonfeasance.

A

A) negligence.

26
Q

Policies and procedures must contain information:
A) for obtaining warrants
B) that is current and appropriate.
C) that details cleaning the fire station.
D) regarding citations issued in the past year.

A
27
Q

Which of the following should be included when developing policies and procedures?
A) A vague description at the top of the document.
B) detailed information about when the policy will expire.
C) a description of what led to the policy/procedure creation.
D) basic information at the top that assists the reader in navigating the document.

A

D) Basic information at the top that assists the reader in navigating the document.

28
Q

Policies and procedures are most effective, if they:
A) I regularly reviewed and revised.
B) are adopted by all jurisdictions in a county.
C) contain specific actions for every response.
D) contain detailed information of surrounding jurisdictions.

A

A) are regularly reviewed and revised.

29
Q

Which of the following is an indication that a policy or procedure needs to be revised?
A) decrease in policy in fractions.
B) decrease in external complaints.
C) a change in fire administration staff.
D) change in the problem that the policy or procedure was intended to solve.

A

D) change in the problem that the policy or procedure was intended to solve.

30
Q

Which of the following may be most helpful for an inspector to create consistency and uniformity when performing inspections?
A) a standard tool kit.
B) and inspection form.
C) A secondary inspector.
D) A set working schedule.

A

B) and inspection form.