Congratulations also go out to us as an Association.  The USFA Smoking and Home Fires Campaign will be kicked off at the National Press Club on January 9^th in Washington DC.  Our FAFLSE logo is being printed and distributed on all the educational materials being used in the campaign.  Those materials will be available immediately following the kick off, and I'll be sure to update you on that.

Two more educators, Amy Haston and Fred Franceschini, have left their prospective departments.  Amy is running a Bed and Breakfast in Crescent City, FL with her husband (who also happens to be the new fire chief there!), and Fred fell victim to the budget cuts that have affected many of us in Pub. Ed.  Fortunately he was able to laterally transfer to another position within the County, but is no longer doing fire and life safety education.  Boo!  They are greatly missed!

On a lighter note, the Home Safety Council's "The Great Safety Adventure" came to my neck of the woods, Hillsborough County, for almost the entire month of October.  During the week they visited schools teaching fire safety and injury prevention and on the weekends, they set up at the local Lowe's stores and took families through the 30 minute lesson throughout the day.  This is not like the mobile fire safety trailers; this is a specialty semi-tractor trailer custom designed for this very engaging program.  The instructors use an interactive video that moves from one area of the trailer to the next, and the employees of Lowe's assist the instructors in whatever area they are needed. 

To have an excellent chance at getting them to visit your area, have your schools go on line and request them to come.  There are only two units in the Country, and their areas are split geographically by the Mississippi River.  So the more requests they get from a specific area, the more likely you are to have them come your way.

Finally, our Board met and one of the items discussed was about reminding everyone that a new election of officers is coming up next June.  If you want to run, just contact Bob Smallacombe to submit your nomination (Yes, you can nominate yourself!).  We welcome anyone and everyone to throw your name in the hat for any position.

Also we discussed applying for the FEMA grant to get a program to track juvenile firesetters statewide.  As some of you that have been in this business for awhile may remember, we have attempted this in the past, but have run into some obstacles.  Charlie Raiken is working to get his computer program to synch with one that can be used by all of us throughout the State, and the Director of the State Fire Marshal's Office, Les Hallman, has agreed to be our partner that will do the intake of information to feed into the program.  Exciting news after waiting so long to see this come to fruition!

This year I have seen some fantastic changes in old products, smoke alarms for one!  Technology is coming up with all kinds of new safety products that we need to know about.  We are going to showcase as many of those new products at our next conference as we can.  If you know of a product that would fit into that category, contact Diane Kessluk at dkessluk@cityofwinterpark.org.  Diane is going to be our "Consumer Investigator" and give us the lowdown.

I hope you all have safe and blessed holidays this season!

Victoria Yeakley

 yeakleyv@hillsboroughcounty.org

The Merriam Webster's dictionary defines the word discretion (dis-'kre-sh&n) as a noun meaning:

There are a number of sections of the Code[1] that lend themselves to and authorize the AHJ discretion in many matters.  Discretionary decisions are found in areas that involve existing occupancies, but there are also situations when considering new construction relating to interpretation that the AHJ must exercise this authority.  While the Code does not define the meaning of discretion per se', it does give some examples through its structure. Let's examine a few and see what can be gleaned from that.

One such example where an AHJ might be called upon to exercise discretionary authority is when dealing with equivalencies.  Section 1.4 of the LSC authorizes such approaches under certain circumstances and provides that approvals can be granted following the providing of "technical documentation" to the AHJ.  Well, how much "technical documentation" is necessary prior to approval?  Frankly, we just don't know, do we?  But whatever it is, it's discretionary isn't it? 

Another area is when dealing with situations in the Code that provide a certain mandate, but also contain an allowance of something else or lesser than that which has been otherwise specified, subject to the approval of the AHJ.  For example, NFPA 14 requires that FDC's be located not more than 100' from the nearest fire hydrant, but it also allows distances greater than that subject to the approval of the AHJ. (see 6.3.5.4 and 6.3.5.4.1)  We all know that often times that allowance is not granted despite justification for doing so.  Why isn't it granted?  That's the basis for this piece. 

The kind of discretionary authority spoken to here is the kind that is most often the result of "It's in the Code", or " I can't allow that because I might be sued", or how about this one, "I better make them do something or I'm going to be liable".  Example: in a small church which is governed by the code for existing assembly occupancies (chapter 13) when you find that the net floor area of the sanctuary calls for an occupant load of 120 persons then you note that the doors are not equipped with panic or fire exit hardware (see 13.2.2.2.3).  What you find is a thumb screw style lock and latch commonly found everywhere.  The building cannot be open for use if this is locked.  Following a discussion with the Pastor who assures you that the congregation has been there for 10 years and has never seen more 70 or 80 people even during holidays, can you use your discretionary authority to stay the requirement for the two exit doors to be equipped with that hardware at a cost of some $600 dollars each?  Could we use the discretionary authority and apply a stipulation that should the AHJ ever find occupancy at any time by more than 100 persons, an immediate order to provide code compliant hardware will be issued?  Absolutely not you say!  Why, what if someone gets hurt because that hardware wasn't present?  Then I'm going to be liable or perhaps my agency will be liable for sure is what many would opine.

Well friends, that's not necessarily so.  Why not you ask?  Notice at the onset of this piece where we provided the definition of discretion.  One of the definitions said it's the "power of free decision or latitude of choice within certain legal bounds" Therein lies the key, legal bounds.  Now I'm no lawyer, but I am reasonably savvy about understanding my bounds within the scope of my work.  So let's try to understand some fundamentals.

Discretion is not duty.  A duty is just what the word suggests - something one must do.  When a duty is established, discretion goes out the window.  You simply must fulfill the duty.  We know that in our own day to day activities, right?  Look at our duties annually - inspections of schools, day cares and health care occupancies typify DUTY.  Discretion on the other hand is a tool we use to carry out that duty.  So, like the decision about the fire exit hardware, an AHJ could order it to be put in place and thus carry out the "black and white" of the code.  Doing that in the fire/EMS side of things is what my folks call being a "parameter junkie", that is, it's something that's done simply because it's prescribed.  But was it really necessary?  Now then, you might argue that that analogy is not "apples to apples" and I'd have to agree.  But I'm talking about the principle of the analogy, not the analogy itself.  Determining that a patient needn't go to the trauma center when not seriously injured despite the mechanism of injury, IS akin in principle to the AHJ saying the fire/panic hardware is not going to be ordered in the existing occupancy for certain reasons.  Certain reasons are why the patient wasn't taken to the trauma center and certain reasons are the basis for not strictly applying the code as written.  Document those reasons as you would patient care and carry on.  That latter is an example of discretionary authority, but, following the "black and white" of the code is too; it's just that discretionary decisions can take more than one direction.  Is one decision more weighty or problematic in the aftermath of arguments about what decision was made?  Yes indeed.  One decision is made because of one's inability to adequately assess one's responsibility as it relates to discretion; the other made predicated upon concise and accurate clarity about the same.

As long as it's not clearly established that the discretionary decision was negligent, there's no liability.  While there's little written about such matters regarding life safety management, there's quite a bit written regarding fire operations.[2]

In fire operations, NFPA's staff advises us that, "Bad outcomes alone - do not make the fire service liable".  We have discretionary authority and that authority is fairly well insulated from the "arm-chair" quarterbacks so that we can go forward to do our jobs without undue concerns that would otherwise cripple our ability to be effective life safety managers.

So it's not actually what was decided that is scrutinized, but the reasons for the decision.  In our example about the exit hardware, were an AHJ to say in a cavalier way that the code's requirement would not be applied simply because the occupancy was an existing occupancy, that likely would not pass the test so to speak.  But under scrutiny were the record to reflect that the code's particular requirement was not applied because there was satisfactory evidence that indeed the occupant load had never been above 100 and that the $600 cost per door to add the hardware was a financial hardship, its likely that attempts to establish negligence would be denied.

So as you read and consider this topic, please do not think the goal here is to sway you into accepting the proposal as one that should be embraced as a policy.  In fact that's exactly contrary to the point.  Each and every discretionary decision must be made on "case-by-case" basis (compare s.633.025(4)).  By knowing this we can all hope to avoid being like those persons our late fire service friend Professor Frank Brannigan used to describe.  Remember auditors?  He said they know the cost of everything and the value of nothing!  Do we know only the "costs" and not the "values"?

Regardless of the level in the organization that a code official serves, the challenge here is that every code official needs to learn to appreciate and fully comprehend the tool known as "discretionary authority" in order for it to be properly and justly utilized.  Will you accept that challenge?

Hello Members,

Chaplain Woody Bollinger

 

The SLCFD Explorers is a group of high school students interested in the fire service. Along with meetings where they learn about the fire service and practice firefighting skills, members of the group also ride-along with local firefighters.

The St. Lucie County Fire District held a "fire hose uncoupling ceremony" in lieu of a ribbon cutting ceremony today to open their new Fire Station #2 on Hutchinson Island.

The Station, completed in late October, replaces one built in 1967 which was located about a quarter mile west of the new facility on Seaway Drive. The new station is 6,244 square feet and has two drive-through bays. The cost of the new station is $1.7 million.

The Station is unique because it also has office space for law enforcement. The Ft. Pierce Police Department will have a satellite office at Fire Station #2.

The Station will house a rescue truck and quint.  As with all the fire stations in St. Lucie County, Station #2 will be home to five firefighters at a time, as they work 24-hour shifts.

"This station will give us the ability to house an apparatus that will provide enhanced high rise protection on the Island," according to Fire Chief Ron Parrish.

The Station received close to 900 calls last year. Because of it's location on Hutchinson Island, the Station responds to many water related incidents, including swimming and boating incidents as well as shark bites.

With the cancellation of the ride for the Children's Burn Camp because of low registrations, an opportunity jumped right out at me with no warning. I made a snap decision during opening ceremonies at the conference in Cocoa Beach to send the proceeds from our 50-50 event to the Burn Camp. Without hesitation the response from the membership and corporate sponsors in attendance was outstanding. If you have been to a conference recently you know that Amy (Pasqualone) handles the 50-50 event and this year the money raised was $684. Thanks to all who participated.

With the drawing, the split was $342. to be donated to the "camp" and Amy and I made the commitment to deliver it. On the drive to Umatilla, and by the way what a lovely LONG drive it is from Orlando, I called Chuck and asked that he make the check out for a nice round $500. This was done and presented during lunch at the camp on Saturday with a handful of our members in attendance.

If you have never been to the burn camp, and I had not, I would encourage you to go even if for a day. The campers were great to talk with. The burn buddies were attentive and outgoing and the ice cream free flows all day. This is a special place with some very special people both in attendance and as attendants. Amy and I were very humbled and touched just by being there.

Jon and Amy Pasqualone