FS208 – Unit 2 Types of Fire Departments and Administrative Agencies 1203C

Seminar Overview Unit 2 Assignment The Role of Fire Departments Corporations Funding Sources Types of Fire Departments Purpose and Role of Administrative Agencies Commonly Encountered Administrative Agencies and Regulations In this week’s seminar we’ll discuss:

UNIT 2 ASSIGNMENT Assignment: 1-2 pages examining the types of fire departments and administrative agencies and the legal responsibilities of each that can have an effect on the daily operations of emergency services. -In particular, you are asked to discuss the legal responsibilities of each staffing level in emergency services organizations (entry level, company-officer, chief officer). Think about how you would apply these concepts at each level of your career progression. You will likely have to use sources outside of the course reading – in fact, the assignment requires it. Please refer to the assignment instructions and my assignment announcement for more information (or contact me).

ROLE OF FIRE DEPARTMENTS Saving Lives and Protecting Property -Life Safety -Incident Stabilization -Property Conservation Fire and emergency services personnel have the legal authority and duty to deliver services. Legal authority to function as an organization is granted by the authority having jurisdiction (AHJ). The type of AHJ impacts a fire department’s -Authority -Responsibility -Liability -Laws the fire department must follow

CORPORATIONS Corporations -Legally created entity accepted, approved, and recognized through a formal process -Each state has procedures to create corporations

MUNICIPAL CORPORATION Created by state legislature Provides inhabitants with self-government Common examples are cities, towns, villages, boroughs, counties, etc. Specific powers and authority will vary from municipality to municipality

QUASI-MUNICIPAL CORPORATION Created by state legislature to serve a specific purpose Do not have broad powers or a grant of authority typically granted to municipalities. For example, personnel (such as fire investigators) may not have arrest powers and the organization typically does not have the ability to levy taxes. Can you think of some examples of quasi-municipal corporations?

BUSINESS CORPORATION Created by individuals Registered and chartered by the Secretary of State of each state Purpose is to make a profit Managed by a board of directors Operations governed by corporate officers Stockholders are the owners Liability of stockholders is limited to their investment Board of directors is responsible to stockholders

NONPROFIT CORPORATIONS Created by individuals Registered and chartered by the Secretary of State of each state May have members, but not stockholders Managed by board of directors Officers run operations Net profits cannot be distributed to its members, directors, or officers May be organized for any lawful purpose Many nonprofits are created for charitable purposes

ASSOCIATIONS Come together for common purpose Rights and liabilities vary from state to state May be formal or informal As joint enterprises members can be held liable for actions of other members

COMMON FUNDING SOURCES Taxes Insurance Memberships/Subscriptions Direct Billing Donations Fund Raisers Any Others?

TYPES OF FIRE DEPARTMENTS Public sector -Municipal -County -Fire districts -Fire protection districts Private sector -Volunteer -For-profit -Industrial Fire brigades

MUNICIPAL FIRE DEPARTMENTS Agency of a local municipal corporation (municipality) Firefighters are municipal employees Volunteer firefighters are retained by the municipality Fire chief reports to executive branch Primarily supported by taxpayer funding

COUNTY FIRE DEPARTMENTS An agency of county government -Receives taxpayer funding from the county -Firefighters employed by county May have volunteer firefighters -Volunteer directly for the county Fire chief reports to county executive May share responsibility for fire protection with city/town departments. In these cases, the county department will provide service to the unincorporated area and will typically assist if mutual aid is needed.

FIRE DISTRICTS Either municipal corporations or quasi-municipal corporations Created, authorized, and recognized by state legislature May be given power to impose taxes Typically operate their own fire department

FIRE PROTECTION DISTRICTS Similar to fire districts -Created by state legislature -Municipal or quasi-municipal corporation Typically do not directly provide fire protection -Contractual agreements with neighboring fire department or private service to provide fire protection

VOLUNTEER FIRE COMPANIES Private nonprofit corporations or associations Exist as an independent entity separate and apart from local government May be designated as charitable organizations by the IRS Authority to provide service is granted by the appropriate jurisdiction. Funding -Fundraising or donations -Contracted service by the municipality

FOR-PROFIT FIRE DEPARTMENTS Competitively bid on long-term governmental contracts -City, town, or county -Military base -Special installation (Cape Kennedy, Nevada Test Site) Authority to respond is granted by the AHJ

INDUSTRIAL DEPARTMENTS/FIRE BRIGADES Owned and operated by owner of an industrial site May lack adequate municipal fire protection May be full-time personnel assigned to fire protection or may be employees who respond if an emergency occurs Depending on the facility and their capability, may have mutual aid/automatic aid agreements with surrounding departments

PURPOSE OF ADMINISTRATIVE AGENCIES Exist within the executive branch Exist at the federal, state, and local levels Fill a vital role in our government -Create laws, called regulations -Investigate and enforce the law -Act as tribunals to hear cases Created by legislative branch through an enabling act -Specifies purpose and authority of agency -May include a grant or delegation of powers

ROLE OF ADMINISTRATIVE AGENCIES Developing regulations and rules -Constitutional and in accordance with the agency’s rules -Must allow public comment Investigations -Can have the authority to cite and enforce (OSHA) or only investigate (NIOSH) -May be granted the power to subpoena or obtain search warrants Enforcement of regulations -Have the power to start an administrative action -Started by filing a complaint by or with the agency itself Hearings and adjudication -Some are conducted very similar to trials -Presided over by administrative law judge or hearing officer

ADMINISTRATIVE AGENCIES May not be responsive to citizens or held accountable by executive branch. Potential for abuse is present Risk violating separation of powers Controls on power -Political process -Judicial review -Public accountability laws

OSHA Occupational Safety and Health Administration -Within U.S. Department of Labor -Established in 1970 Employers must comply with OSHA regulations and maintain a workplace that is free from hazards General Duty Clause – establishes the responsibility of the employer to prevent injuries and illnesses of workers even if there isn’t a specific OSHA regulation pertaining to the hazard. OSHA may inspect a place of employment at any time. Inspections can be based on complaints, accidents, or regular safety programs.

OSHA AND NFPA STANDARDS OSHA recognizes NFPA standards as generally accepted health and safety standards Failure to comply with NFPA standards can be the basis for a violation of the general duty clause.

OSHA VIOLATIONS AND SANCTIONS Failure to comply with OSHA regulations can result in fines or penalties. Willful violations and gross negligence on the part of the employer can result in criminal penalties such as prison.

“OSHA STATES” The Federal OSHA cannot enforce regulations against state and local government (public sector) organizations. “OSHA States” – States where state and local government organizations are held to federal standards by the state-level occupational safety and health agency. -Federal government provides financial incentives for this to occur. States are encouraged by the OSHA enabling legislation to perform their own enforcement. While state and local governments are not technically bound to comply with OSHA regulations, many do in one way or another. It is important to understand your state’s laws and regulations.

OTHER AGENCIES IN EMERGENCY SERVICES Federal Communication Commission (FCC) Department of Transportation (DOT) Environmental Protection Agency (EPA) Centers for Disease Control (CDC) National Institutes for Occupational Safety and Health (NIOSH) Any others?

UNIT 2 SEMINAR Any Questions/Comments/Concerns?