FIR 4301- Political and Legal Foundations of Fire Protection
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FIR 4301- Political and Legal Foundations of Fire Protection (FIR 4301)
Added on 2019-11-14
FIR 4301- Political and Legal Foundations of Fire Protection
FIR 4301- Political and Legal Foundations of Fire Protection (FIR 4301)
Added on 2019-11-14
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Running head: LEGAL ASPECTS OF FIRE SERVICES 1Legal aspects of fire services and the political and social impacts of legal issuesName:Institution:
LEGAL ASPECTS OF FIRE SERVICES 2Legal aspects of fire services and the political and social impacts of legal issuesBrief overviewThis report analyses various legal and related issues in fire and emergency services. This will be attained through comprehensive analysis of the sample legal cases and drawing relevant lessons on the best fire service guidelines and practices, and how to avoid legal liabilities. The report further provides varied legal conclusions and recommendations based on the analysis of the case studies. Unit 1 case studyCase study 1In this case, a fast-moving fire did spread and destroyed a building housing the Station nightclub in West Warwick resulting in over 100 fatalities and many more injuries. From this tragic fire incidence, the following lessons can be derived. First, there is an inherent need to establish and implement effective fire safety inspections and code enforcement (Ohio Fire Code, 2007). This is because this fire disaster was majorly caused by inadequate follow-up and documentation given that the untreated polyurethane foam was never sanctioned to be used by the marshals. Both the town and the state had no official documentation showing the approval of the use of pyrotechnics. Lastly, the station did not comply with most of the Ohio state codes on a model building code that addresses various life safety concerns (Ohio Fire Code, 2007). Correspondingly, some of corrective actions that the state fire department must implement include ensuring a minimum staffing of four fire marshals on both engines and trucks. This is because, if there were additional fire marshals on the scene, the rescue missionand firefighting efforts would have been boosted. The department should also increase its radio capabilities by purchasing high volume traffic communication equipment to facilitate fire ground operations and shorten incident resolution (Della-Giustina, 2014).
LEGAL ASPECTS OF FIRE SERVICES 3Also, the department should establish more comprehensive strategic decisions to effectively implement the incident action plan. For instance, there should be a mass casualty incident strategic operation plan that focuses on the rescue, identification, treatment and transportation of the injured. Moreover, the state fire department should establish an Incident Management System (IMS) to effectively manage incidents of this magnitude (Della-Giustina, 2014). Such a system must have a command that majorly focuses on the delegation of scene functions and managing emergency situations. Lastly, there should be an improvement on record keeping practices clearly showing permit applications to the use of venues. Case study 2In this particular case, a fire marshal died while responding to a reported house fire that was as a result of inappropriately installed hot water heating system. The fireman’s rule is statutory restriction on tort actions barring state officers from pursuing damages that might have been as a result of explicit negligence (Casselman, 2017). The law prohibits injured fire marshals from suing people who purported negligence may have caused the incident leading to the stipulated injuries. This law has been modified by various state statutes to include certain common exceptions. For example, in my state, the rule does not include intentional acts such as arson by owner, failing to adequately warn the firefighters of apparent danger, irresponsibility and acute cases of negligence. As such, when the negligence of the property owner resulted into the need for the emergency firefighters’ response, the Fireman’s Rule applies. This is because, based on this jurisdiction, all public officers when hired willingly agree to confront associated risks in their line of duty, and that their major function is to confront such risks (Casselman, 2017). Under the state’s Fireman’s Rule jurisdiction, the firefighter’s widow suit against the heating and Ventilation Company and the plumber is likely to go through. However, the
LEGAL ASPECTS OF FIRE SERVICES 4homeowner, in defence, will argue that the accident was a direct negligence of the plumber who installed the heater and the company that knowingly sold defaulted equipment (Regehr et al., 2005). The State civil code supersedes the rule especially in cases of tortious conducts when there is a proof that that the defendants (plumber and company that sold the heater) knew about the default in the water heater. Therefore, the Fireman’s Rule will only apply in the case of the property owner in this case given that the alleged negligence caused the need for emergence response. Basically, Fireman’s Rule bases its defence on the concept of assumption of risks that stipulates that by responding to the emergency, the victim had assumed potential risks of suchmagnitudes, and that the defendants cannot be held liable for his death. Generally, this rule that prohibits injured parties from recovering from the parties that caused the negligence is not fair and reasonable (Regehr et al., 2005). Unit 2 case studyCase study 1In this case, various pre-EMAC and post-EMAC perspectives are clearly stipulated shedding more light on the individual and state responsibilities during disasters. Offering mutual-aid in the form of medical assistance to a freelancing officer may attract some legal liabilities (Hodge Jr & Anderson, 2008). If the officers are operating out of their state jurisdiction and is not authorized to be at the scene, then offering self-care at the expense of other authorized firefighters may be legally risky. Freelancers causes logistical nightmares to the commander officers who may be forced to direct the limited resources to rescue or treat them. Offering such treatments are seen as increasing the incident stress and confusion for the incident commander who has a pre-determined tally of all the resources. When one is injured on a freelancing mission, they should not be subjected to medical or disability coverage (Hodge Jr & Anderson, 2008).
LEGAL ASPECTS OF FIRE SERVICES 5Freelancing is a dangerous and unsupervised fire scene activity that may result into severe consequences. The incident commander who sanctions a self-deployed officer (freelancer) is tasked with coordinating operations and is liable to the anticipated responses and possible expectations (Hodge Jr, 2006). For instance, if the undisciplined firefighter errors in any way, the incident officer is liable to possible legal redresses. When injuries or even deaths occurs from freelancing, the commanding officer who sanctioned such involvement must be held accountable. This is because self-deployed officers (freelancers) increases the scene safety concerns, and this may further intensify the situations particularly if the freelancing officer requires rescue or attention. For instance, is the freelancing officer isinjured or even killed in action, the commanding officer shall held liable for failing to clearly spell out the ground rules and consequences. However, such legal liabilities will not be applicable in pre-EMAC and post-EMAC teams identified, designated, trained and authorizedto operate in such incidents (Hodge Jr, 2006). Case study 2 In the contemporary societies, fire departments have well-written SOPs (standard operating procedures) that governs their various operational and administrative activities (Chen et al., 2008). Indeed, effective SOPs can be used to enhance departmental performances by ensuring uniformity and creating clear guidelines and responsibilities particularly during emergency situations. Basically, fire departments in my state are developing a similar SOPs that can be usedto adequately increase performances and reduce operational errors. Some of the common SOPs that the departments are using to address various emergency responses on certain runs include imposing higher standards of care to the victims. For example, one of the departments’ SOPs stipulates that all vehicles must be stabilized and patients immobilized if a cervical spine or any other dangerous injury is detected (Chen et al., 2008).
LEGAL ASPECTS OF FIRE SERVICES 6In developing effective SOPs, the state fire department have given clear details on the initial responsibilities of every unit. For instance, the first-arriving units are required to take full control of the scenes and prevent further injuries and unauthorized entry (Bennett, 2008). Subsequently, the first heavy rescue team is tasked with conducting extrications among other necessary supports. The fire departments in the state are taking further caution to ensure that the SOPs are relevant to a particular situation. More emphasis is placed on the ability of the firefighters to remain flexible based on the details of the event. For example, the state SOPs clearly specifies the number of equipment that are dispatched on every call and the general task of every unit once they reach the scenes. The clear identification of the problem that the department is trying to solve enables the service managers to correctly establish the most viable solutions and tools for the incidents (Bennett, 2008). For instance, during emergency responses, red lights and sirens are arrayed to help in clearing traffic. Unit 3 case studyCase study 1 In this case, two firefighters sued the City of Chicago for being forced to retire at 63 years old as stipulated under the MRO (Mandatory Retirement Ordinance) laws. The two officers claimed that such actions amounted to discrimination based on age and requested the court to authorize immediate reinstatement. However, based on the CBA signed by the two firefighters, the court established that the MRO laws that the city applied did not contradict the ADEA (Age Discrimination in Employment Act). As such, the city was not precluded by any law from forcing these two firefighters to retire at a predetermined age (Friedman, 2011).Undoubtedly, firefighting is a strenuous task that necessitates perfect physical condition and high health standards. Therefore, mandatory fitness tests and programs are necessary to help in evaluating the physical performances of the marshals. The primary
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