chapter 1 Flashcards

duties and authority (58 cards)

1
Q

Failure to inspect a property does not impose a duty on the inspector unless laws or statutes impose such a duty or:
Question 1Select one:

a.
there is greater than normal activity occurring within the building.

b.
the inspector has missed two consecutive inspections.

c.
the jurisdiction hired a new inspector.

d.
there is a known code violation present.

A

d.
there is a known code violation present.

pg 31

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2
Q

Which of the following is MOST accurate regarding the consent-to-enter form?
Question 2Select one:

a.
The form will remove questions regarding the original authorization to enter and perform an inspection.

b.
The form should not be reviewed by legal counsel or fire chief.

c.
The form allows inspectors to conduct future inspections without obtaining consent.

d.
The form will include information for obtaining a warrant.

A

a.
The form will remove questions regarding the original authorization to enter and perform an inspection.

pg 30

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3
Q

Which of the following must inspectors understand to perform their jobs properly?
Question 3Select one:

a.
Laws for insurance companies

b.
Fire fighter I & II training

c.
Neighboring jurisdictions’ policies

d.
Assigned duties

A

d.
Assigned duties

pg 14

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4
Q

Which of the following establishes the minimum level of training for inspectors and code officials and defines the certification requirement?
Question 4Select one:

a.
Local utility agency

b.
Non-governmental organization

c.
Insurance company

d.
Authority having jurisdiction

A

d.
Authority having jurisdiction

pg 17

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5
Q

Which of the following is MOST accurate regarding insurance companies and fire codes?
Question 5Select one:

a.
Insurance companies do not worry about fire codes.

b.
Insurance companies often have relaxed fire code requirements.

c.
Insurance companies often rely on local fire code requirements detailed by the Fire Marshall’s office.

d.
Insurance companies often have more stringent fire code requirements than local codes.

A

d.
Insurance companies often have more stringent fire code requirements than local codes.

pg 29

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6
Q

Which of the following refers to the unintentional commission of an unlawful act?
Question 6Select one:

a.
Misfeasance

b.
Malfeasance

c.
Nonfeasance

d.
Negligence

A

d.
Negligence

pg 33

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7
Q

Some jurisdictions grant designated inspectors different levels of authority based on:
Question 7Select one:

a.
the codes the inspectors enforce in the jurisdiction.

b.
number of law enforcement officers in the jurisdiction.

c.
crime rate in the jurisdiction.

d.
number of businesses in the jurisdiction.

A

a.
the codes the inspectors enforce in the jurisdiction.

pg 28

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8
Q

Which of the following is MOST accurate regarding local inspectors enforcing federal regulations?
Question 8Select one:

a.
Local inspectors are responsible for enforcing federal regulations if violations occur within federal property.

b.
Local inspectors are responsible for enforcing federal regulations.

c.
Local inspectors are not responsible for enforcing federal regulations nor do they need to report violations.

d.
Local inspectors are not responsible for enforcing federal regulations.

A

d.
Local inspectors are not responsible for enforcing federal regulations.

pg 25

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9
Q

All levels of government have created fire inspection and code enforcement organizations to accomplish the goal of:
Question 9Select one:

a.
finding new fire prevention methods.

b.
creating a standardized fire safety program.

c.
protecting lives and property.

d.
issuing citations to violators.

A

c.
protecting lives and property.

pg 14

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10
Q

Minimum housing standards are set in which type of law?
Question 10Select one:

a.
State law

b.
Local law

c.
Insurance law

d.
Federal law

A

d.
Federal law

pg 25

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11
Q

Question text
Which of the following witnesses answers questions posed by an attorney regarding what he or she saw, heard, touched, smelled, or tasted?
Question 11Select one:

a.
Expert witness

b.
Lay witness

c.
Specialty witness

d.
Fact witness

A

d.
Fact witness

pg 24

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12
Q

Which of the following BEST describes when a conflict arises between insurance requirements and adopted codes?
Question 12Select one:

a.
Insurance requirements take precedence

b.
Requirements of the adopted code take precedence

c.
Mediator decides which take precedence

d.
Owner/occupant decides which to follow

A

b.
Requirements of the adopted code take precedence

pg 28

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13
Q

Which department is MOST likely responsible for vacant structures?
Question 13Select one:

a.
Building department

b.
Fire prevention department

c.
Code enforcement department

d.
Vacancy department

A

c.
Code enforcement department

pg 16

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14
Q

Which of the following generally defines a person with sufficient skill, knowledge, or experience in a given field to draw inferences or reach conclusions?
Question 14Select one:

a.
Expert witness

b.
Specialty witness

c.
Inspector witness

d.
Fact witness

A

a.
Expert witness

pg24

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15
Q

Which category of laws involves labor laws, insurance laws, and health laws?
Question 15Select one:

a.
Federal law

b.
Local law

c.
Insurance law

d.
State law

A

d.
State law

pg 26

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16
Q

The inspector is considered to be part of the prosecution on the side of the:
Question 16Select one:

a.
police department.

b.
insurance company.

c.
defense attorney.

d.
state or authority having jurisdiction.

A

d.
state or authority having jurisdiction.

pg 22

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17
Q

Question text
Which of the following is recommended if there is a question of authority or meaning of the code before taking action during prosecution?
Question 17Select one:

a.
It is usually best to side in favor of the occupant

b.
It is usually best to follow your gut

c.
It is usually best to continue with the prosecution

d.
It is usually best to seek advice from legal counsel

A

d.
It is usually best to seek advice from legal counsel

pg 20

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18
Q

Question text
An inspector is given the authority to perform his or her duties based on the laws:
Question 18Select one:

a.
created and adopted by federal agencies.

b.
adopted by the insurance industry or regulations established by the private sector utilities.

c.
adopted by the AHJ or regulations established by the private sector organization.

d.
created and adopted by third-party associations working parallel to a fire department.

A

c.
adopted by the AHJ or regulations established by the private sector organization.

pg 24

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19
Q

Most jurisdictions _____ their inspection personnel and provide liability insurance to protect them in areas where they may be held liable.
Question 19Select one:

a.
validate

b.
approve

c.
indemnify

d.
record

A

c.
indemnify

pg 32

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20
Q

An inspection refusal form:
Question 20Select one:

a.
provides the next date for inspection.

b.
provides recommendations for owner/occupant to change.

c.
provides information for obtaining a warrant.

d.
provides detailed violation information.

A

c.
provides information for obtaining a warrant.

pg 30

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21
Q

Which of the following is the foundation upon which the department and local fire and life safety codes are built?
Question 21Select one:

a.
Civil rights

b.
Liability

c.
Enabling legislation

d.
Authority

A

c.
Enabling legislation

pg 24

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22
Q

Issuance of a sanction by most jurisdictions occurs if:
Question 22Select one:

a.
a violation is corrected in an untimely manner.

b.
a violation is not corrected.

c.
inspectors schedule a follow-up visit.

d.
the occupant follows an inspector’s instructions.

A

a.
a violation is corrected in an untimely manner.

pg 20

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23
Q

Which of the following should be included when developing policies and procedures?
Question 23Select one:

a.
Basic information at the top that assists the reader in navigating the document

b.
Detailed information about when the policy will expire

c.
A description of what led to the policy/procedure creation

d.
A vague description at the top of the document

A

a.
Basic information at the top that assists the reader in navigating the document

pg 34

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24
Q

From a liability standpoint, which of the following is MOST appropriate when conducting inspections?
Question 24Select one:

a.
Conducting frequent, but less thorough inspections

b.
Only scheduling inspection if inspectors receive complaints

c.
Conducting fewer, but more thorough inspections

d.
Scheduling inspection appointments every month

A

c.
Conducting fewer, but more thorough inspections

pg 31

25
Which of the following creates the inspection position or designates individuals to perform fire and life safety inspections? Question 25Select one: a. Statutes b. Regulations c. Ordinances d. Enabling legislation
d. Enabling legislation pg 14
26
Which of the following is MOST accurate regarding the scope of powers granted to inspection organizations? Question 26Select one: a. The scope of powers remains consistent in all organizations within the United States. b. The scope of powers varies widely among jurisdictions. c. The scope of powers remains consistent for all third-party organizations. d. The scope of powers varies with the number of fire personnel in a jurisdiction.
b. The scope of powers varies widely among jurisdictions. pg 24
27
An inspector's duties will vary based on the: Question 27Select one: a. difficulty of the required assignments. b. number of assigned cases. c. time of day. d. inspection organization's type and size.
d. inspection organization's type and size. pg 14
28
What authorizes inspectors to interrupt business operations or to evacuate and close a building that presents imminently dangerous conditions? Question 28Select one: a. Building codes b. Fire codes c. Insurance codes d. Police codes
b. Fire codes pg 28
29
The adopted fire and life safety codes of the jurisdiction should contain language that explains the relationship between the: Question 29Select one: a. fire department and inspector. b. police department and insurance company. c. fire department and insurance company. d. police department and inspector with police powers.
d. police department and inspector with police powers. pg 28
30
Which of the following is MOST appropriate regarding NFPA® 1031 and training? Question 30Select one: a. Inspectors are required to have at least Fire Fighter I certification. b. Inspectors are required to have Fire Fighter I & II certification. c. Inspectors are not required to meet Fire Fighter I, Fire Fighter II, or Fire Officer certification. d. Inspectors are not required to have any type of training or certification.
c. Inspectors are not required to meet Fire Fighter I, Fire Fighter II, or Fire Officer certification. pg 17
31
Which category of laws is more specific and tailored toward the needs of a particular jurisdiction? Question 31Select one: a. Insurance law b. Federal law c. State law d. Local law
d. Local law page 27
32
Which of the following statements is MOST accurate regarding inspector liability? Question 32Select one: a. Inspectors are not held liable when failing to notify an owner or following a policy when reporting a violation(s). b. Inspectors are always held liable when performing an act or enforcing a policy. c. Inspectors are held liable when following policy. d. Inspectors are not held liable for discretionary acts in general.
d. Inspectors are not held liable for discretionary acts in general. page 29
33
insurance company's policies and procedures dictate the working relationship between the: Question 33Select one: a. insured and the inspector. b. resident and the fire department. c. inspector and the police department. d. insurance company and the fire marshal
a. insured and the inspector. pg 17
34
Which of the following requires inspectors to establish probable cause? Question 34Select one: a. Administrative warrant b. Search warrant c. Duty to inspect d. Special duty
c. Duty to inspect
35
Which of the following would MOST likely result in a civil proceeding? Question 35Select one: a. Intentionally setting a fire b. Criminal violation c. Noncriminal violation d. Good Samaritan act
c. Noncriminal violation pg 20
36
Which of the following categories of inspection MOST likely involves responding to blocked exits? Question 36Select one: a. New Construction b. Response to a complaint c. Owner/occupant request d. Routine
b. Response to a complaint pg 18
37
Which of the following best describes enabling acts? Question 37Select one: a. A jurisdiction adopts and follows federal laws exactly as written. b. A jurisdiction adopts and follows the state/provincial laws exactly as written. c. A jurisdiction adopts state/provincial laws, but is allowed to modify laws based on local needs or preferences. d. A jurisdiction adopts federal laws, but is allowed to modify laws based on local needs or preferences.
c. A jurisdiction adopts state/provincial laws, but is allowed to modify laws based on local needs or preferences pg 27
38
Which of the following categories of inspection occurs when an existing structure is altered in such a way that code compliance must be determined? Question 38Select one: a. Routine b. Imminent hazard c. New construction d. Owner/occupant request
c. New construction pg 18
39
Which of the following inspectors function as risk assessors? Question 39Select one: a. Building inspectors b. Fire department inspectors c. Third-party inspectors d. Private fire safety inspectors
d. Private fire safety inspectors pg 16
40
Which of the following is the responsibility of the prosecutor during a preliminary hearing? Question 40Select one: a. Render the decision of guilt or innocence b. Arrest and book the defendant c. Present sufficient evidence to convince the jury that the defendant is guilty beyond a reasonable doubt d. Establish that a crime was committed by the arrestee
d. Establish that a crime was committed by the arrestee pg 22
41
Which of the following MOST accurately describes the staffing for fire prevention divisions in a fire department? Question 41Select one: a. Insurance company fire inspector b. Private inspector c. Nonsworn or sworn personnel inspectors d. Third-party inspector
c. Nonsworn or sworn personnel inspectors pg 15
42
Which of the following criminal violations generally results in a fine or term of less than two years? Question 42Select one: a. Felony b. Misdemeanor c. Summary offense d. Citation
b. Misdemeanor pg 21
43
Inspectors must obtain _____ if there is no emergency or visible hazard at a residential occupancy. Question 43Select one: a. special duty access b. right of entry permission c. consent d. a warrant
c. consent pg 30
44
Policies and procedures are MOST effective if they: Question 44Select one: a. are adopted by all jurisdictions in a county. b. contain detailed information of surrounding jurisdictions. c. contain specific actions for every response. d. are regularly reviewed and revised.
d. are regularly reviewed and revised. pg 35
45
The building department is generally responsible for: Question 45Select one: a. being the primary inspector for a fire incident. b. being a liaison for insurance companies. c. conducting inspections tests. d. conducting plans reviews.
d. conducting plans reviews. pg 15
46
Policies and procedures MUST contain information: Question 46Select one: a. regarding citations issued in the past year. b. that is current and appropriate. c. for obtaining warrants. d. that details cleaning the fire station.
b. that is current and appropriate. pg 34
47
Which of the following occurs if an inspector singled out a certain group of people or a business without justification? Question 47Select one: a. Civil rights violation b. Malfeasance c. Criminal liability d. Indemnification
a. Civil rights violation pg 31
48
Prosecution usually occurs when the property owner/occupant has failed to: Question 48Select one: a. correct business information with the jurisdiction. b. properly line parking spaces. c. update Safety Data Sheets every six months. d. correct an outstanding fire code violation.
d. correct an outstanding fire code violation. pg20
49
Which of the following is a written inspection form provided to the responsible party after an initial inspection describing the fire code infraction(s)? Question 49Select one: a. Summons b. Notification c. Sanction d. Civil ticket
b. Notification pg 20
50
Which of the following categories of inspection includes demolition of a structure? Question 50Select one: a. Routine b. Change in occupancy c. Owner/occupant request d. New construction
d. New construction pg 1
51
Which of the following is an indication that a policy or procedure needs to be revised? Question 51Select one: a. Decrease in external complaints b. A change in fire administration staff c. Change in the problem that the policy or procedure was intended to solve d. Decrease in policy infractions
c. Change in the problem that the policy or procedure was intended to solve pg 35
52
When inspectors exercise enforcement power they must ensure that the legal rights of the accused are protected, this is known as: Question 52Select one: a. indemnify. b. statutory law. c. serve and protect. d. due process.
d. due process. pg 19
53
Which of the following refers to the commission of an unlawful act that is knowingly committed by a public official? Question 53Select one: a. Misfeasance b. Nonfeasance c. Malfeasance d. Negligence
c. Malfeasance pg 33
54
Which of the following MOST likely occurs during a routine inspection? Question 54Select one: a. Determine code compliance for new construction b. Determine occupancy classification c. Issue a permit for a special event d. Issue a citation for a code violation
b. Determine occupancy classification 18
55
Which of the following may be MOST helpful for an inspector to create consistency and uniformity when preforming inspections? Question 55Select one: a. A secondary inspector b. A standard toolkit c. An inspection form d. A set working schedule
c. An inspection form pg 36
56
Which of the following BEST describes the purpose of right of entry? Question 56Select one: a. Grants the inspector the authority to obtain any evidence without a warrant or probable cause b. Grants the inspector the authority to enter any premises or building to perform an inspection or any duties authorized by the fire code c. Grants authority for insurance companies to enter and assess hazards and issue citations d. Grants authority for emergency medical service to force entry if a patient is unresponsive
b. Grants the inspector the authority to enter any premises or building to perform an inspection or any duties authorized by the fire code pg 29
57
Criminal proceedings are MOST often initiated as a result of: Question 57Select one: a. missing a follow-up inspection visit. b. an extended civil proceeding. c. failing to stop at a red light. d. serving an arrest warrant.
d. serving an arrest warrant. pg 20
58
Which of the following categories of inspection is MOST likely to be conducted because it is required by another government agency or an insurance company? Question 58Select one: a. Routine b. New construction c. Change in occupancy d. Owner/occupant request
d. Owner/occupant request pg 18