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Investigations
Fire Prevention has been given
the authority through the community and Fire Chief to enforce
and maintain the Uniform Fire Codes and any adopted Board
Resolutions and National Fire Protection Association Standards.
Under these set of laws and rules, there are times that the
department must respect and follow the rights of individuals
that are set forth under the Constitution.
In some cases, actions require
the department to obtain warrants to pursue the public health,
safety and welfare interest, or in extreme circumstances, as
with criminal activities, a warrant may be pursued to search and
preserve evidence.
In the State of Arizona, such
warrants fall under the Arizona Revised Statute 13-3912 –
Search Warrants. Unlike other jurisdictions, the State does
not have a specific statute for administrative warrants.
These warrants are mainly used in cases of code violations or
hazardous conditions. This type of warrant protects and allows
fire personnel into the property to check for unsafe and
hazardous conditions. This type of warrant basically protects
owners from unreasonable and harassing searches of their
property.
The
Administrative Warrant is located with in the criminal
codes under the search warrant section. The Federal Code has
more definitive set of steps for the use of administrative
warrants. The Search Warrant is more
restrictive and limited to locating evidence of criminal
activity. Arizona Revised Statute 13-3912 has set forth six
specific uses of the search warrant. One of those is the
“administrative warrant”.
Search Warrants can
be obtained through the city or county court system.
Jurisdiction and circumstances dictate which authority will be
used.
Because both types of warrants
can only be served by Law Enforcement Personnel, it is important
to work with the Law Enforcement agencies involved.
Search warrants are limited and
must meet all the constitutional requirements. Serious legal and
libel repercussions can result to you and the department if the
constitutional requirements are not followed.
In the Uniform Fire Code, the
fire chief is given the responsibility to investigate the
origin and cause of all fires within in his/her
jurisdiction. The reason for this investigation has many
functions. The information gathered provides invaluable data
about why fires start and how they may spread. This information
helps the fire service with ideas on building construction, fire
protection systems, early detection systems, early suppression
systems, exiting and escape routes, fabric and material design,
and fire fighting techniques. On the bleak side, the information
will help determine whether a fire was accidental or
intentionally started. It will help cut the loss of property,
the loss of monetary values in property taxes and jobs, the
dangers to other citizens, the increase in insurance premiums,
and the loss of life!!! The information
facilitates fire and law enforcement agencies into better
understanding why individuals use fire for destructive purposes.
The Origin means where the
fire originated. In determining, the Origin the
fire investigator must look at several factors in attempting to
pin down the area where the fire started. There are fires
patterns, fire spread, rate of burning, fire loading, air
movement, fuel sources and even aging and weathering play a part
in examining and evaluated the point of origin. This requires
the fire investigator to keep constantly updated of the new
materials, fuels, building construction, fire suppression
techniques, and fire dynamics theories.
The Cause is what
started the fire. Fire Cause is generally divided
into four categories. The first cause is classified
Natural. This group of fires are started by
natural means (act-of -God). Examples would be lightning,
earthquakes, volcanoes, friction (wind), sparks from a rolling
rock, and spontaneous combustion. The second category would be
Accidental. These fires are usually caused by man’s
carelessness, machinery failure or the improper use of fire or
machinery. The third classification is Incendiary.
Incendiary fires are intentionally set by man.
This means a person used some type of heat source to start an
item on fire. Example would be lighting charcoal, burning
weeds, causing an arc with two electrically charged wires,
striking a match, or shooting off fireworks.
Not all Incendiary fires are Arson!
The key to this charge is the mental status of the person. By
the legal definition, a person who willfully, knowingly, and
/or recklessly set a fire that destroys or unlawfully damages
any structure or property. With wildland fires, the addition
of element of criminal negligence can be used. Criminal
negligence is where a reasonable person does an act that can
result in something bad happening. For example, a person
decides to burn a pile of trash in high winds and it results
in a barn catching on fire.
In this current state of affairs we live in, there are so many
things that can affect our lives. Many of the dangers are of
our own undoing, because of the lifestyles we have chosen to
accept. Other dangers come from the simple differences of each
man’s belief about Life.
The everyday buzz acronym, WMD (Weapons of
Mass Destruction) is a very scary, evil sounding set
of letters and words. What WMD is, is any item
used by a person or group to destroy property, scare, injure,
or kill a mass number of people. The items that are considered
WMD are biological, nuclear, incendiary,
chemical, and explosives. Each in themselves can be very
deadly and are used in war settings. But most of the threats
can be reduced by being prepared and reacting in a calm
matter.
To accomplish this mind-set, the Fire
Department has started preparing by developing response plans,
training personnel, purchasing specialized equipment and
strengthen all the communication links between other response
agencies.
Because
WMD attacks are unannounced and effect many people, it
will require joint efforts from all the response agencies. For
this reason the Fire Department has been actively involved in
training exercises within the tri-state agencies. They are
looking at several more training events in the coming year. The
Department has and will continue to provide the most accurate
information through the media.
The Department has supported and
encourages the citizens to prepare themselves for such a crisis.
One of those ways is to get citizen participation in the
CERT (Citizen Emergency Response Team).
The CERT provides training, organization and
information for the community to prepare itself for a three day
self sustaining survival in time of crisis. Along with this
program, the Department has provided numerous written materials
and media releases from FEMA and the Red Cross that deal with
WMD issues.
The other danger is
Hazardous Materials (HazMat). Our
lifestyles have evolved us into dangerously, reliance for the
chemicals. There are chemicals every where. They are in our
clothes we wear; the furniture we sit in; the medicines we take;
the fuels we use in our vehicles; the air we breathe; the water
we swim in and even in the food we eat.
Most chemicals are very safe if
used, stored and disposed of properly. Once that chemical is
spilled, wrongly mixed, or illegally dumped, it becomes a hazard
and nuisance. It may burn, explode, put off gas, or even pollute
the environment. The response to these type situations can be
very dangerous, time consuming, and costly to handle. For this
reason, the Fire Department maintains a
HazMat Team with special trained Technicians and Toxic
Medics. This prepares the Department to response to any event
within the Bullhead City Area.
The best method to handle
HazMat is through prevention. The Fire Department has
several ways of dealing with the issues. First, through the
Uniform Fire Code, all commercial buildings are required to
follow the codes covering chemicals, UFC 80. Each
building/business is assessed from the blue print stage right
through the annual inspections.
Secondly, information is
continually given out through varies medias. There have been
notices sent out in water bills, a cooperative pamphlet with the
city was designed and distributed, press releases, and consumer
friendly ombudsman.
Third, to help the citizens get
rid of there household hazardous items, the Fire Department
plans and assist in accepting old
hazardous materials at the annual collection day. With
turnouts of 300 or more cars, these collection days provide
environmental friendly means for citizens to dispose of
hazardous materials.
Fireworks are illegal to own, store or set off
in the State of Arizona. The only fireworks
allowed are those in authorized shows. Each show
must comply with the Uniform Fire Codes, NFPA
1123 &1124, and ATF regulations. Firework
displays in Bullhead City must be approved by
the Fire Marshal once site plans, City Event
License, proof of insurance, a safety plan, and
a list of fireworks have been provided.

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