Chapter 9
Government Regulations, Laws,
and the Courts
Fire & Emergency Services
Administration
Government Regulations
• Regulations exist at the local, state and
federal levels of government.
• Most regulations for the fire and
emergency services are at the state
level (this includes OSHA).
• It is typical for there not to be rigorous
enforcement, but regulations become
the standard of care for legal actions.
Fire & Emergency Services
Administration
Justification for Government
Regulation
• Three major justifications
– It is the rightful role of the government to
protect the consumer when the consumer
lacks the ability to make an educated
decision.
– A market failure may prevent a safety
product or service from becoming available
to the public.
– When a product or service becomes a
monopoly, the consumer loses the ability to
choose a product or its price.
Fire & Emergency Services
Administration
Is Government Justified in
Regulating Fire and Emergency
Services Agencies?
• Three questions
– Is the customer knowledgeable about the
product or service?
– Is there a market failure for a public good?
– Is there a monopoly?
Fire & Emergency Services
Administration
Federal Regulations
• Congressional authorizations often
contain a process to adopt the rules that
will be used to implement the new law.
• This is done for two practical reasons
– Legislators normally lack expert knowledge
in the subject area.
– Lawmakers do not like to place themselves
in the middle of controversial regulations
that may end up “lose-lose” for them.
Fire & Emergency Services
Administration
OMB Circular A-119
• Directs federal agencies to use
voluntary consensus standards in lieu of
government unique standards.
– Open process
Fire & Emergency Services
Administration
Supporting a Balance of
Interest
• Maintaining due process
• Providing an appeals process
• Working toward consensus
Fire & Emergency Services
Administration
Democratic Accountability vs.
Administrative Discretion
• We have a representative form of
government.
• It is common for representatives to
create laws mainly to ensure that
appointed officials follow their guidance.
Fire & Emergency Services
Administration
Controversial Policy Decisions
• There are times when a policy decision has a
lot of political baggage, such as when there
are many potential winners and losers.
• The public administrator may be best
qualified to judge the fairness and
appropriateness of a rule and its effect on the
public.
• The administrator becomes the primary
advocate for the public in these cases.
Fire & Emergency Services
Administration
Administrative Rule Making
• Allows the administrator to function as a
lawmaker.
• The administrator must remain cognizant of
the possibility that special interest groups will
want to advance their own agendas.
• An open process is used to gather the input
of all concerned parties before the final
decision.
Fire & Emergency Services
Administration
Politics of Administrative
Choice
• Many controversial regulations are
delegated to the administrative rulemaking process and their
administrators.
• In FES there is a slow and steady
movement toward progress driven by
national standards.
Fire & Emergency Services
Administration
NFPA Codes and Standards
• For more than 100 years, NFPA
committees have created most of the
fire protection and life safety
requirements used in the design of
structures.
• More recently, starting in 1974, NFPA
committees have created standards for
the fire services.
Fire & Emergency Services
Administration
The Federal Rule-Making
Process
• Similar open comment process to NFPA
except that NFPA uses a two-thirds vote of
committee members for approval.
• In theory, the federal agency head issues the
regulations under his signature, as compared
with NFPA, which uses a committee
approach.
• Because these agencies are part of the
executive branch of the federal government,
there may be pressure from the president or
close aides on the outcome.
Fire & Emergency Services
Administration
Proposals and Comments
• Both the federal government and the
NFPA are looking for consensus from
stakeholders.
• The proposal is more likely to succeed if
it is supported by hard data and backed
by a well-thought-out line of reasoning.
• The proposal or comment submitter
must be able to convince the regulator
or committee members that the
proposal has merit.
Fire & Emergency Services
Administration
State Regulations
• Almost all regulations in the fire and
emergency services are actually state
statutes.
– The one major exception is 29 CFR
1910.120, Hazardous Waste Operations
and Emergency Response
• Only a few states regulate fire
operations such as requirements for
fire-fighter certification.
Fire & Emergency Services
Administration
State and Local Building and Fire
Codes
• Most state and local governments adopt
building and fire codes.
• At the present time, there are two national
organizations promulgating building and fire
codes:
– NFPA
– ICC
• These codes have helped reduce life and
property losses from fires and are typically
updated as new hazards are identified.
Fire & Emergency Services
Administration
Local Regulations
• Many local regulations are adopted that
specify building and fire code
requirements.
• Policies can be implemented at the local
level with or without formal legislation.
• Numerous policies that act like
regulations are issued by local
governments.
Fire & Emergency Services
Administration
Zoning Regulations
• Generally they are to prevent
noncompatible uses, such as heavy
commercial development in a residential
neighborhood.
• However, some were created to control
fire hazards, such as the following:
– Masonry wall on each property line
– Minimum width of streets
Fire & Emergency Services
Administration
Union Contracts
• Important part of political landscape.
• Used to adopt standards and local
regulations.
• Main goal of the union is to maximize benefits
and provide safety for members.
• It is not unusual to find items that refer to
management rights in union contracts.
Fire & Emergency Services
Administration
Government Regulation Using
Taxes and Fees
• To implement a public policy,
governments can affect taxpayers’
decisions about a purchase or service.
– These can either be positive or negative,
such as increased taxes or tax deductions.
Fire & Emergency Services
Administration
Fire Service Laws and
Regulations
• Some states have mandatory fire-fighter
training and certification.
• OSHA regulations
– Confined space
– Respiratory protection
– Bloodborne pathogens
– Hazardous waste
– Fire brigades
Fire & Emergency Services
Administration
OSHA’s General Duty Clause
• Requires the employer to furnish a place of
employment that is safe from hazards that are
likely to cause injury, sickness, or death.
• Allows the use of safety standards that have
not been officially adopted by OSHA.
• As a minimum, departments should consider
complete compliance with NFPA 1500.
Fire & Emergency Services
Administration
NFPA Standards
• At the top of the list of NFPA standards
that have a substantial effect on the fire
services are NFPA 1500 and NFPA
1710.
Fire & Emergency Services
Administration
NFPA 1710
• Will probably have more impact on the
FES than any other except NFPA 1500.
• Career refers to fire fighters who are on
duty in the fire station and may include
volunteers.
• Combination departments must be
“substantially career” to use this
standard.
Fire & Emergency Services
Administration
NFPA 1710 Response Times
• Once alerted, turnout must be one minute or
less to 90% of the incidents.
• Once on the road, the standard is a maximum
of four (4) minutes’ response time for the firstarriving engine or eight (8) minutes for the
entire assignment to 90% of the incidents.
• The 90% level allows for companies who may
be out of position or busy at another call.
Fire & Emergency Services
Administration
NFPA 1710 Staffing
• Three fire fighters and a officer are
required for all companies.
• A company can staff both an engine and
ambulance (or water tender) with four
persons as long as they can meet the
response times at the 90% level.
• Total initial response to a structural fire
is 14 fire fighters.
Fire & Emergency Services
Administration
The National Highway Traffic
Safety Administration
• Created in 1970 to carry out safety
programs aimed at reducing the number
of vehicle crashes, injuries, and deaths
• Directly involved in the use of medivac
helicopters to transport victims to shock
trauma centers
• Responsible for training and certification
of EMTs
Fire & Emergency Services
Administration
The Court System
• Three levels
– District
– Appellate
– Supreme
• Federal law takes precedence over
state law except for laws that fall under
the protection of states’ rights in the
11th Amendment to the Constitution.
Fire & Emergency Services
Administration
Attorneys
• Insist that the attorney provide historical legal
precedent from appeals court decisions or higher.
• Ask the attorney to argue all sides of the issue.
• “Beware of the attorney who wants to settle too
quickly at the fire department’s expense” (Edwards,
2000).
• Avoid getting advice from an attorney who may not
have the appropriate background or best interests of
the FES agency in mind.
• Educate them as you would any other person who
must work closely with the department.
Fire & Emergency Services
Administration
Legal Aspects of the Fire and
Emergency Services
• See checklists on pages 143 and 144.
Fire & Emergency Services
Administration