Chapter 3

Guiding Regulations, Codes, Laws, Standards, and Procedures

Objectives

• Explain the motivation for the development of guiding publications

• List the significant players and their roles in developing guiding publications

• Define the differences between regulations, codes, laws, and guides

• List significant publications that can impact the incident safety officer

Introduction

• Guiding publications– Regulations, codes, laws, standards, and

procedures– Tools to help ISOs

• Keep firefighters safe• Avoid litigation

– Most written as a result of a tragic event • Basis for preventing similar tragedies from occurring

Players

Figure 3-1 Significant fire service “players.”

Players (con’t.)

• National Fire Protection Agency (NFPA)– Standards

• Help define what is “acceptable” for fire department equipment, procedures, and professional qualifications

– Guides• Recommended Practices: suggestions or options

– Codes• Designed to be adopted as law by an authority

having jurisdiction to do so

Players (con’t.)

• Occupational Safety and Health Administration (OSHA)– Enacts Code of Federal Regulations (CFRs) to

improve workplace safety– Not all CFRs are enforceable for public sector– Individual states adopt OSHA-approved state

plans

Players (con’t.)

• National Institute of Occupational Safety and Health (NIOSH)– Utilizes firefighter fatality investigations to help

others prevent similar occurrences• Investigative reports at

www.cdc.gov/niosh/face/inhouse.html

– Can recommend adjustment or creation of CFRs to OSHA

– Publishes guides for specific hazards

Players (con’t.)

• Department of Homeland Security (DHS)– Created to better prepare, defend, and respond

to terrorist acts within the United States– Developed National Response Plan (NRP)– Administers the National Incident Management

System (NIMS)– Includes (Federal Emergency Management

Association (FEMA) and United States Fire Association (USFA)

Players (con’t.)

• Environmental Protection Agency (EPA)– Helps prevent, respond, and recover from

hazmat incidents– Issues regulations– Offers support for hazmat training– Manages superfund monies for cleanup and

hazmat training– Requires states to follow EPA regulations

Players (con’t.)

• National Institute of Standards and Technology– Nonregulatory– Promotes innovation and industrial

competitiveness through advancements– Includes the Building and Fire Research

Laboratory (BFRL)• Resource center for fire- and building-related

subjects

Players (con’t.)

• Other players– International Association of Firefighters (IAFF)– International Association of Fire Chiefs (IAFC)– National Volunteer Fire Council (NVFC)– Fire Department Safety Officers Association

(FDSOA)

Defining the Guiding Publications

• Regulations – Outline details and procedures that have the

force of law issued by an executive governmental authority

– Example: OSHA CFRs

• Codes– Work of law established or adopted by a rule-

making authority– Example: Uniform Fire Code

Defining the Guiding Publications (con’t.)

• Standards– Can apply to any set of rules, procedures, or

professional measurements set by an authority– Must be adopted by an authority with the legal

responsibility to enact the standard as law– Example: NFPA standards

• Formal consensus approach is used

Defining the Guiding Publications (con’t.)

• Laws– Enforceable rules of conduct that help protect a

society– Statutory law

• Deals with civil and criminal matters

– Case law• Refers to a precedent established over time through

the judicial process

Defining the Guiding Publications (con’t.)

• Guides– Offer procedures, directions, or standard of

care as a reasonable means to address a condition or situation

– Do not have impact of law• Can be used as evidence in negligent cases to

provide evidence

– Alerts: form of guide• Issued in response to a disturbing trend of injuries or

deaths by a specific cause

Publications That Affect the ISO

• NFPA 1500, Standard on Fire Department Occupational Safety and Health Program– Ties together many other NFPA standards– Covers professional qualifications, protective

equipment, tools, apparatus, incident management, and training

– Chapter 8, Emergency Operations, is of particular interest to ISOs

Figure 3-2 NFPA 1500, Fire Department Occupational Safety and Health Program, 2007 Edition.

Publications That Affect the ISO (con’t.)

• NFPA 1521, Fire Department Safety Officer– Defines types of safety officers

• Health and safety officer (HSO)• Incident safety officer (ISO)• Assistant incident safety officer (ASO)

– Defines assignment, authorities, and qualifications of each role

• NFPA may create an additional Pro-Qual document for safety officers in the future

Publications That Affect the ISO (con’t.)

• NFPA 1521 (con’t.)– Addresses specific functions of ISO

• Incident management system• General incident safety• Fire suppression• Emergency medical service operations• Hazardous materials• Special operations• Postincident responsibilities

Publications That Affect the ISO (con’t.)

• OSHA Title 29 CFR– Specific to public sector members who

• Engage in rescues• Have exposure to environments that are immediately

dangerous to life and health (IDLH)

– Emphasizes need for site safety plan• For operations involving hazmats, confined spaces,

trenches, and hazardous energy

– Has numerous subtitles

Publications That Affect the ISO (con’t.)

• NIOSH Publication 2004-144, Protecting Emergency Responders, Volume 3– Helps ISO understand safety issues in all types

of disasterlike incidents– Chapter 7 serves as a template for an integrated

incident-wide safety management approach– Available at www.cdc.gov/niosh/docs/2004-144

Publications That Affect the ISO (con’t.)

• NIOSH Alert, Preventing Injuries and Deaths of Firefighters due to Truss System Failures– Cites case studies– Provides recommendations from noted fire

service leaders on proactive strategies and tactics for fires in truss buildings

– A must-read for all ISOs and fire officers!

Publications That Affect the ISO (con’t.)

• NIST Special Publication SP-1021, Cook County Administration Building Fire, October 17, 2003– DVD summarizing numerous heat release

experiments for analyzing Cook County fire– Should be mandatory training for all ISOs

• Useful information on rapid fire and smoke spread• Shows actual and simulated fire dynamics

Summary

• Most guiding publications are developed following a catastrophic event or disturbing injury or death

• Key players in guiding publications– NFPA– OSHA– NIOSH– DHS– EPA

Summary (con’t.)

• ISOs must – Understand the definition and intent of:

• Regulations• Codes• Standards• Laws• Guides

– Use publications to perform their functions and help prevent injury and death