Inspector Chapter 1 Flashcards
A new building in a jurisdiction uses alternate building materials or specialized fire protection systems that a local jurisdiction is not familiar with. What should they do?
Consult a highly trained individual such as a fire protection engineer (FPE)
The use of a ____-_____-____ form will remove any questions regarding the original authorization to enter and perform an inspection
Consent-To-Enter
________ _________ authorizes inspectors to interrupt business operations or to evacuate and close a building that presents imminently dangerous conditions.
Fire Codes
Inspectors employed by an insurance or underwriting company function as
Risk Assessors
Who does responsibility for monitoring policies and procedures rest with? What should they be familiar with?
The organization’s supervisory level staff. The policies content, application, and effect
What is PPM (Not parts per million)
Policies and Procedures Manual
States that a government entity (such as a state or municipality) cannot be held liable for an individual plaintiff’s injury resulting from a governmental officers’ or employee’s breach of a duty owed to the general public rather than to the individual plaintiff
Public-Duty Doctrine
Failing to perform a required duty (after noticing there is a violation, failed to order the correction of the violation of hazard)
Nonfeasance
Improper performance of a legal or lawful act (occurs when an individual has the knowledge, ability, and legal authority to act, but performs the act incorrectly)
Misfeasance
Failure to exercise the same care that a reasonable, prudent, and careful person would under the same or similar circumstances
Negligence
Commission of an unlawful act; committed by a public official (the commission of an unlawful act that is knowingly committed by a public official)
Malfeasance
Type of obligation that an inspector assumes by providing expert advice or assistance to a person; this obligation may make the inspector liable if it creates a situation in which a person moves from a position of safety to a position of danger by relying upon the expertise of the inspector
Special Duty
What did Adams v. Alaska in 1976 state?
Held fire inspectors, in conducting code inspections, had taken on a duty and must use reasonable care in the exercise of that duty
To agree that one party will compensate another party for losses or damages that are incurred if specific actions or events occur
Indemnify
A _____ warrant is an authorization to enter for the purpose of gathering evidence
Search
A ______ warrant is a demand to enter for the purpose of inspection
Administrative
What two U.S. Supreme Court cases set federally protected constitutional limits on the authority of fire inspectors to enter a business or private dwelling for the purpose of conducting inspections?
Sea vs. Seattle and Camera vs City & County of San Francisco
Rights set forth by the administrative powers that allowed the inspector to inspect buildings to ensure compliance with applicable codes
Right of Entry
State of being legally obligated and responsible:
Liable
Constitutional right of the state government to protect the safety, health, welfare, and morals of the community
Police Power
Adopting laws in the form of ________ ________ gives the local jurisdiction the use of state/provincial laws as their basis, but then allows additions or deletions to regulations or ordinances based on local needs or preferences
Enabling Acts
_______ ________ _________ means that the local jurisdiction will follow the state/provincial laws exactly as written
Adoption by Reference
Who should provide the inspector with building or fire code information? (usually in the form of an operation procedure, a directive, or a training program)
The Fire Marshal or Building Code Official
Testimony is divided into two categories, what are they?
Fact witness and Expert Witness
What is an affirmation or declaration made under oath?
Testimony
What three types of criminal violations should the inspector be familiar with?
Summary offenses, misdemeanors, felonies
To present a formal, written accusation charging a defendant with a crime:
Indict
A case determined by a jury is called what?
Jury Trial
A case determined by a judge is called what?
Bench Trial
It is usually best to seek advice from _______ _______ before taking action if there is a question of authority or meaning of the code
Legal Counsel
Who weights the evidence presented by the inspector or local prosecutor as well as defense arguments before rendering a decision?
Magistrate
Notice or punishment attached to a violation for the purpose of enforcing a law or regulation:
Sanction
Issued by most jurisdictions if the violation is not corrected within a certain time, this action can be in these forms: citations, complaints, fines, court summonses, stop work orders
Sanction
What is the order of actions generally enacted to ensure compliance?
- Notification 2. Follow-Up Inspection 3. Sanction 4. Prosecution
Official actions to ensure code compliance vary from jurisdiction to jurisdiction and are dictated by what?
Local codes
What are the due process clauses in the US Constitution?
5th and 14th Amendments
How many due process clauses are in the US Constitution?
Two
Constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty, or property
Due-Process Clause
Conduct of legal proceedings according to the established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case, also called ____ _____ of law or ____ course of law
Due Process/Due
What is the primary goal of all fire prevention code activities?
Compliance
Occasionally the owner/occupant may request an inspection. This inspection may be required by another government agency or an insurance company.
Owner/Occupant Request
Performed when a structures use or occupancy classification changes and code compliance must be reviewed. An example of such a change would be a warehouse converted into a movie theater or other place of assembly
Change in Occupancy
Conducted when a new structure is built, an addition is made to an existing structure, or an existing structure is altered in such way that code compliance must be determined. The demolition of a structure is also included in this type of inspection
New Construction
Conducted when it becomes obvious that an occupancy or process poses a hazard to the life and property, such as blocked egress or inaccessibility to the means of egress
Imminent Hazard
Performed when a complaint has been filed against a business or occupancy, such as overcrowding or blocked exits
Response to a complaint
Conducted when the owner/occupant is required to obtain a permit for a special event or use of the occupancy. Examples of special events are the limited-term use of a circus-type tent or use of pyrotechnics during a performance or show
Issuance of a permit
Inspection performed on a set basis, usually involving occupancy classifications, such as places of assembly, education, and healthcare
Routine
Who sponsors annual conferences and workshops that provide attendees with continuing education credits that many AHJ’s accept towards annual requirements?
American Code Enforcement Association (ACEA)
Who is the ACEA?
American Code Enforcement Association
Who provides courses in inspections, plans review, and code enforcement?
The NFA (US National Fire Academy) As well as state/provincial and regional fire academies
Who develops codes, provides courses and training materials for all levels and types of code enforcement and interpretation?
The NFPA and ICC
Who is the ICC?
International Code Council
To make less harsh or intense; to alleviate
Mitigate
Local or municipal law that applies to persons and things of the local jurisdiction; a local agency act that has the force of a statue; different from a law that is enacted by federal or state provincial legislatures
Ordinance
Legislation that gives appropriate officials the authority to implement or enforce the law: ______ _______
Enabling Legislation
Rules or directives of administrative agencies that have authorization to issue them
Regulations
Federal or state/provincial legislative act that becomes law; prescribes conduct, defines crimes, and promotes public good and welfare
Statute/Statutory Law
Who is responsible for continuing professional development?
The Inspector
Who is responsible for training and certifying inspection and code enforcement personnel?
The AHJ (Authority having jurisdiction)
What fire is most easily controlled?
The one that does not occur
Inspectors employed by an insurance or underwriting company function as:
Risk Assessors
