Inspector Chapter 1 Flashcards
(61 cards)
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
