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Cpt's Test > Inspector Chapter 1 > Flashcards

Inspector Chapter 1 Flashcards

1
Q

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?

A

Consult a highly trained individual such as a fire protection engineer (FPE)

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2
Q

The use of a ____-_____-____ form will remove any questions regarding the original authorization to enter and perform an inspection

A

Consent-To-Enter

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3
Q

________ _________ authorizes inspectors to interrupt business operations or to evacuate and close a building that presents imminently dangerous conditions.

A

Fire Codes

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4
Q

Inspectors employed by an insurance or underwriting company function as

A

Risk Assessors

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5
Q

Who does responsibility for monitoring policies and procedures rest with? What should they be familiar with?

A

The organization’s supervisory level staff. The policies content, application, and effect

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6
Q

What is PPM (Not parts per million)

A

Policies and Procedures Manual

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7
Q

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

A

Public-Duty Doctrine

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8
Q

Failing to perform a required duty (after noticing there is a violation, failed to order the correction of the violation of hazard)

A

Nonfeasance

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9
Q

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)

A

Misfeasance

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10
Q

Failure to exercise the same care that a reasonable, prudent, and careful person would under the same or similar circumstances

A

Negligence

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11
Q

Commission of an unlawful act; committed by a public official (the commission of an unlawful act that is knowingly committed by a public official)

A

Malfeasance

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12
Q

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

A

Special Duty

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13
Q

What did Adams v. Alaska in 1976 state?

A

Held fire inspectors, in conducting code inspections, had taken on a duty and must use reasonable care in the exercise of that duty

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14
Q

To agree that one party will compensate another party for losses or damages that are incurred if specific actions or events occur

A

Indemnify

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15
Q

A _____ warrant is an authorization to enter for the purpose of gathering evidence

A

Search

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16
Q

A ______ warrant is a demand to enter for the purpose of inspection

A

Administrative

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17
Q

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?

A

Sea vs. Seattle and Camera vs City & County of San Francisco

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18
Q

Rights set forth by the administrative powers that allowed the inspector to inspect buildings to ensure compliance with applicable codes

A

Right of Entry

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19
Q

State of being legally obligated and responsible:

A

Liable

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20
Q

Constitutional right of the state government to protect the safety, health, welfare, and morals of the community

A

Police Power

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21
Q

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

A

Enabling Acts

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22
Q

_______ ________ _________ means that the local jurisdiction will follow the state/provincial laws exactly as written

A

Adoption by Reference

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23
Q

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)

A

The Fire Marshal or Building Code Official

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24
Q

Testimony is divided into two categories, what are they?

A

Fact witness and Expert Witness

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25
Q

What is an affirmation or declaration made under oath?

A

Testimony

26
Q

What three types of criminal violations should the inspector be familiar with?

A

Summary offenses, misdemeanors, felonies

27
Q

To present a formal, written accusation charging a defendant with a crime:

A

Indict

28
Q

A case determined by a jury is called what?

A

Jury Trial

29
Q

A case determined by a judge is called what?

A

Bench Trial

30
Q

It is usually best to seek advice from _______ _______ before taking action if there is a question of authority or meaning of the code

A

Legal Counsel

31
Q

Who weights the evidence presented by the inspector or local prosecutor as well as defense arguments before rendering a decision?

A

Magistrate

32
Q

Notice or punishment attached to a violation for the purpose of enforcing a law or regulation:

A

Sanction

33
Q

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

A

Sanction

34
Q

What is the order of actions generally enacted to ensure compliance?

A
  1. Notification 2. Follow-Up Inspection 3. Sanction 4. Prosecution
35
Q

Official actions to ensure code compliance vary from jurisdiction to jurisdiction and are dictated by what?

A

Local codes

36
Q

What are the due process clauses in the US Constitution?

A

5th and 14th Amendments

37
Q

How many due process clauses are in the US Constitution?

A

Two

38
Q

Constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty, or property

A

Due-Process Clause

39
Q

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

A

Due Process/Due

40
Q

What is the primary goal of all fire prevention code activities?

A

Compliance

41
Q

Occasionally the owner/occupant may request an inspection. This inspection may be required by another government agency or an insurance company.

A

Owner/Occupant Request

42
Q

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

A

Change in Occupancy

43
Q

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

A

New Construction

44
Q

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

A

Imminent Hazard

45
Q

Performed when a complaint has been filed against a business or occupancy, such as overcrowding or blocked exits

A

Response to a complaint

46
Q

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

A

Issuance of a permit

47
Q

Inspection performed on a set basis, usually involving occupancy classifications, such as places of assembly, education, and healthcare

A

Routine

48
Q

Who sponsors annual conferences and workshops that provide attendees with continuing education credits that many AHJ’s accept towards annual requirements?

A

American Code Enforcement Association (ACEA)

49
Q

Who is the ACEA?

A

American Code Enforcement Association

50
Q

Who provides courses in inspections, plans review, and code enforcement?

A

The NFA (US National Fire Academy) As well as state/provincial and regional fire academies

51
Q

Who develops codes, provides courses and training materials for all levels and types of code enforcement and interpretation?

A

The NFPA and ICC

52
Q

Who is the ICC?

A

International Code Council

53
Q

To make less harsh or intense; to alleviate

A

Mitigate

54
Q

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

A

Ordinance

55
Q

Legislation that gives appropriate officials the authority to implement or enforce the law: ______ _______

A

Enabling Legislation

56
Q

Rules or directives of administrative agencies that have authorization to issue them

A

Regulations

57
Q

Federal or state/provincial legislative act that becomes law; prescribes conduct, defines crimes, and promotes public good and welfare

A

Statute/Statutory Law

58
Q

Who is responsible for continuing professional development?

A

The Inspector

59
Q

Who is responsible for training and certifying inspection and code enforcement personnel?

A

The AHJ (Authority having jurisdiction)

60
Q

What fire is most easily controlled?

A

The one that does not occur

61
Q

Inspectors employed by an insurance or underwriting company function as:

A

Risk Assessors

Cpt's Test (17 decks)

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