Fire Inspection and �Code Enforcement
8th Edition�Inspector I
Chapter 1 — Duties and Authority
�Learning Objective 1
Describe the duties of an inspector.
1–1
Know why governments have fire inspection and code enforcement.
1–2
To protect lives and property from:
Know who may be responsible for inspection programs.
1–3
Agencies
Titles
An Inspector I must know what is required to perform the job properly.
1–4
Understand assigned duties
Know the applicable building code provisions
Know how building code provisions relate to one another
Be aware of their authority
Familiarize yourself with all legal resources that impact your duties.
1–5
Includes state, provincial, and local:
Inspectors must know what their Level I job duties include.
1–6
Citizen complaints
Interpret codes/standards
Apply codes/standards
Perform fire and life safety inspections
Determine occupancy loads for single-use buildings
Participate in legal proceedings
Verify water supply flow capacity
Duties can vary
May be an employee of a public or private entity
Inspection programs may be found in one or more public organizations.
1–7
Fire Department
Building Department
Code Enforcement Department
Fire prevention divisions can be staffed in different ways.
1–8
Non-sworn personnel
Sworn personnel
Combination of both
Know the duties of inspectors staffed in building departments.
1–9
Usually civilian employees
Review/approve all new construction
Review/approve all alterations to existing structures
Conduct plans reviews
Issue permits
Perform field inspections
Know the responsibilities of inspectors in code enforcement departments.
1–10
Conducting fire inspections
Responding to complaints
Parking
Weed abatement
Vacant structures
Water Usage
Pyrotechnics displays
Tents
Duties of third-party inspectors are similar to those of public inspectors.
1–11
Not limited to public sector
Perform plan reviews
Conduct inspections
Employed by third-party inspection services
Private fire safety inspectors usually work for insurance companies.
1–12
Function as risk assessors for insurance companies
Scope and power varies widely
Insurance company dictates relationships
Insurance company dictates policies/procedures
Need good relationships with public sector inspectors
Inspectors need to be aware of training and certification options.
1–13
Inspector I
Provide courses/training materials
ICC; NFPA; NFA
Professional Qualifications
NFPA 1031; individually developed standards
Minimum level of training
AHJ: National agency, state/province, county, municipality
Several levels of certification are available to inspectors.
1–14
Certifications/�Advancement
Several types of courses are available to inspectors.
1–15
Topics
Know the categories of fire and life safety inspections.
1–16
Routine
Permits
Complaint Response
Imminent Hazard
(Cont.)
Know the categories of fire and life safety inspections.
1–17
New Constructions
Change in Occupancy
Owner/Occupant Request
Know how to use Memorandums of Understanding.
1–18
Used when sharing inspection responsibilities
Establish clear guidelines regarding procedures
REVIEW QUESTION
What are the categories of fire and life safety inspections that inspectors may be authorized to perform?
1–19
�Learning Objective 2
Describe the legal guidelines for inspections.
1–20
Inspectors need to know the answers to certain questions.
1–21
Is noncompliance with the code a violation of criminal or civil law?
What process has been employed to attempt to achieve compliance?
Have accurate records of all correspondence, communications, and personal contact been kept in accordance with local policy and law?
Will the possible penalties induce compliance?
Understand the primary goal of fire inspections.
1–22
Compliance is the primary goal
However, stronger measures sometimes needed
Become familiar with the concept of due process.
1–23
When enforcing compliance, accused’s rights must be protected
Two due process clauses in the U.S. Constitution: 5th Amendment and 14th Amendment
Compliance infractions can be handled in several different ways.
1–24
Notification
Follow-up inspection
Sanctions
Prosecution
An Inspector I should understand the prosecution process.
1–25
Evidence presented
Magistrate weighs evidence/arguments and renders decision
Defense arguments made
Civil proceedings involve one party filing suit against another party.
1–26
May be the result of a noncriminal action
Example: Breach of contract
Bench trial: judge determines the outcome
Jury trial
Criminal proceedings can involve various steps according to jurisdiction.
1–27
Alleged crime occurs
Investigation
Criminal proceedings
Punishment
There are generally three types of criminal violations.
1–28
Summary offenses
Minor infractions
Written citation and fines
Misdemeanors
“Lesser” crime
Fine or less than 2 years in jail
Can result in a trial
Felonies
“Serious” crime
Fines, prison, even death
Can result in trial
Inspection records may be needed as evidence in court proceedings.
1–29
Records gathered during an inspection
Violations are given several time frames for abatement.
1–30
30 days
60 days
Immediately for severe hazards
Inspectors must know the legal requirements for entering premises.
1–31
Hazards in plain site may be recorded
Inspectors are always considered to be part of the prosecution.
1–32
On the side of the state/AHJ
Presenting fire code as it is applied locally
Assists the prosecuting attorney
Provides information on fire ordinances, technical terms, and facts
Present unbiased testimony
Inspectors need to be familiar with common types of court proceedings.
1–33
Preliminary hearing
Felony trial
Inspectors should be familiar with courtroom procedure and behavior.
1–34
Review/provide all files and notes before court
Stick to the facts
Remain impartial
Never volunteer information
Be brief, factual, and truthful
If you don’t know the answer, say “I don’t know”
Anticipate personal attacks, challenges
Testimony is generally divided into two categories.
1–35
Fact witness
Facts without interpretation
Limited to what was seen, touched, smelled, tasted, heard
Expert testimony
Provides opinions
Sufficient skill, expertise
Designated by the court
REVIEW QUESTION
What are the possible actions to ensure code compliance?
1–36
�Summary
1–37
(Cont.)
�Summary
1–38