Chapter 1 Duties and Authority
What is an accurate definition of duty to inspect?
A clause that does not normally allow selective enforcement but instead charges the inspector with total enforcement
What is the responsibility of the insurance company inspector in cases where insurance company policy conflicts with local codes?
An insurance insoector should work with the municipal inspector to ensure that requirements meet or exceed the locally adopted fire code.
What is the importance of enabling legislation?
GIves authority to implement or enforce the law.
Why is a fire department's enabling legislation important to a fire inspector?
Gives the authority to implement or enforce the law
In what situation may an inspector be held personally liable for his or her actions?
If inspectors inspect a property and determine that violations are present but fail to perform a follow-up inspection to ensure that the violations are corrected. In addition, inspectors can be held liable for the resulting deaths or injuries if they can be attributed to the code violation.
How should local inspectors interact with federal and state officials responsible for federal properties in regard to fire protection?
Inspectors should know the people who are responsible for federal properties and work with them to ensure that fire protection is maintained at a high level, regardless of which code they follow.
Dutiies of NFPA 1031 Inspector Level 2 pg.18
Interpret and apply adopted codes and standards Determine ocupancy loads for multiuse buildings Testify at legal procedings Perform plans reviews Apply fire and life safety codes requirements to complex situations Analyze and recommend modifications to fire and life safety codes Evaluate code compliance in the manufacture, storage, and use of flammable and combustible liquids, gases, and hazardous materials
What should the inspector do in cases where he or she is unsure of the inspection orginization's authority or the meaning of the applicable section of the code?
It is usually best to seek a legal interpretation of the code from the legal counsel before taking action when there is a question of authority or meaning of the code.
What does indemnify mean?
One party agreeing to compensate another party for losses or damages that are incurred if specific actions or events occur.
If an inspector performs an inspection in which violations are identified, what is the appropriate follow-up action?
Perform a follow up inspection to ensure violations are corrected
If a property owner refuses to grant an inspector entry into his or her place of business, what should the inspector do?
Seek an adminastrative warrant
Public - Duty Doctrine
States that a government entity (such asa state or municipality) cannot be held liable for an individual plaintiff's injury resulting from a governmental officer's or employee's breach of a duty owed to the general public rather than to the individual plaintiff
What should the inspector do in cases where insurance company requirements differ from the local fire codes?
The public inspector must point out these issues to the building owner/occupant and the insurance inspector to ensure that life safety is paramount.
Where can the legal status of a private - sector inspector be determined?
The status may be included in the inspector's job description, the company's risk management plan, or in the company's fire and life safety policies.
When would state governments peform inspections within a local jurisdiction?
When state owned buildings located within the local jurisdiction are not required to comply with local codes
Discretionary Acts
acts involving actions inspectors consider neccesary to fulfill their responsibilities.
If a violation of federal regulations is identified during an inspection, what should the inspector do?
report them to the proper federal agency or authority to seek corrective action
Who should be invited to accompnay the inspector while performing the inspection?
the building owner/occupant or his or her representative