Travis Wrote:
"But, how do you go about handling that? He was the top of the food chain
for the FD in that area."
I don't know the makeup of the FD or legal system in that area. Perhaps I'm
off but in most areas of the country you have made an error in who is the
top of the food chain. All Fire Chiefs/Fire Marshals work for some one.
Usually it's the Chief (for fire marshals), mayor and/or city council.
Might be county FD then it's whatever elected officials there are. There
might be a city administrator in between the elected body and the fire
official.
Then there is the legal system. No matter what, the AHJ are bound by that.
What you refer to as the top of the food chain still has to answer to a
judge. It's a bit of a stretch but until you reach the Supreme Court you
have not reached the top of the theoretical food chain. And under the
accepted abuse of the interstate commerce clause just about everything could
be justified as a Federal case.
Now when I was in gov't (10 years) I treated every decision like I would
have to justify it to the Fire Marshal if questioned. 99% of my orders had
specific code section in the order. The 1% I was just being lazy (human),
knew it was there and didn't looked up section and verse. When questioned
(rare because I included code sections) he never over-ruled me because I had
the Code on my side and could show him. In some gray areas or really messy
events we (the FM and I) huddled and considered how to justify to the Fire
Chief, the Mayor and if brought to court the judge. I only had to go to the
Chief once, had my ducks in order and prevailed. If I (or we) couldn't make
a compelling argument based on law (code) AND reasonable explanation we
didn't even proceed.
Now how to go about? There are infinite ways. Others have spoke on the more
tactful educational approaches. Here are some hammers. Start work without
approval and have him cite you. When you show the judge (or his attorney)
his premise for non-approval is wrong you should prevail. Call/write his
boss (see above). Appeal his orders. The AHJ is the gov't, you have the
Constitutional right to petition (1st amendment). Just as you can contest a
speeding ticket you can contest a fire order. The gov't (AHJ) has the legal
obligation to prove you are wrong, you don't have to prove you are right.
Huddle your fellow contractors in the area and get a lawyer on your team to
at least find out the laws in your area and how these issues can be dealt
with. What are the limits of the AHJ? Who is the appeals board? Is there
even a statutory authority to enforce a code? Is there a legal code even
adopted?
Chris Cahill, P.E.
Fire Protection Engineer
Sentry Fire Protection, Inc.
763-658-4483
763-658-4921 fax
Email: [EMAIL PROTECTED]
Mail: P.O. Box 69
Waverly, MN 55390
Location: 4439 Hwy 12 SW
Waverly, MN 55390
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