FIR 4301 Political and Legal Foundations of Fire Protection

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Examines the legal aspects of fire service and the political and social impacts of legal issues. Includes a review of the American legal system and in-depth coverage of legal and political issues involving employment and personnel matters.

Course Textbook

Bennett, L. T. (2008). Fire service law. Upper Saddle River, NJ: Prentice Hall.

Course Learning Outcomes

Upon completion of this course, students should be able to:

1. Identify potential legal and political issues in fire and emergency services.
2. Describe legal lessons learned from recent cases, and identify best practices in the fire service to avoid legal liability.
3. Analyze and apply legal rules and political issues to manage risk.
4. Formulate political and legal conclusions and recommendations based on the analysis.
5. Locate and apply recent legal and legislative online resources.

Upon completion of this course, the students will earn three (3) hours of college credit.

Course Structure

1. Unit Learning Outcomes: Each unit contains Unit Learning Outcomes that specify the measurable skills and knowledge students should gain upon completion of the unit.
2. Unit Lesson: Each unit contains a Unit Lesson, which discusses unit material.
3. Reading Assignments: Each unit contains Reading Assignments from one or more chapters from the textbook. Suggested Readings are listed in each unit study guide. The readings themselves are not provided in the course, but students are encouraged to read the resources listed if the opportunity arises as they have valuable information that expands upon the lesson material.
4. Key Terms: Key Terms are intended to guide students in their course of study. Students should pay particular attention to Key Terms as they represent important concepts within the unit material and reading.
5. Unit Assignments: Students are required to submit for grading Unit Assignments in Units I-VIII. Specific information and instructions regarding these assignments are provided below. Grading rubrics are included with all Assignments. Specific information about accessing these rubrics is provided below.
6. Ask the Professor: This communication forum provides you with an opportunity to ask your professor general or course content related questions.
7. Student Break Room: This communication forum allows for casual conversation with your classmates.

CSU Online Library

The CSU Online Library is available to support your courses and programs. The online library includes databases, journals, e-books, and research guides. These resources are always accessible and can be reached through the library webpage. To access the library, log into the myCSU Student Portal, and click on “CSU Online Library.” You can also access the CSU Online Library from the “My Library” button on the course menu for each course in Blackboard.

The CSU Online Library offers several reference services. E-mail (library@columbiasouthern.edu) and telephone (1.877.268.8046) assistance is available Monday – Thursday from 8 am to 5 pm and Friday from 8 am to 3 pm. The library’s chat reference service, Ask a Librarian, is available 24/7; look for the chat box on the online library page.

Librarians can help you develop your research plan or assist you in finding relevant, appropriate, and timely information. Reference requests can include customized keyword search strategies, links to articles, database help, and other services.

Unit Assignments

Unit I Case Study

Case Study 1: 50 points

Read the U.S. Department of Commerce’s National Institute of Standards and Technology report on the February 20,

2003 fire at The Station nightclub in Rhode Island that killed 100 people. The report is available at  http://www.nist.gov/manuscript–publication–search.cfm?pub_id=100988

Prepare a memo to your fire chief that outlines the “lessons learned” from that incident and that addresses corrective actions that your department and/or the state fire marshal should take.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted

Case Study 2: 50 points

Read the NIOSH Fire Fighter Fatality Investigation Report F-2001-16 on the LODD of a career firefighter who died in responding to a house fire resulting from an improperly installed hot water heater. The report is available at http://www.cdc.gov/niosh/fire/reports/face200116.html.

The firefighter’s widow filed suit against the heating and ventilation company that sold the water heater, the plumber that installed it, and the homeowner. The case never went to hearing since it was settled during the pre-trial discovery stage, as is commonplace.

Research the fireman’s rule in your state, and determine whether it has been modified by statute. Discuss the above incident and whether you believe each of the defendant’s would be found liable under the current status of the rule in your state and whether that is fair and reasonable.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Please submit your Case Study 1 and 2 responses as one word document.

Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

Unit II Case Study

 Case Study 1: 50 points

 Review Articles V and VI of the EMAC legislation Public Law 104-321.

Assume that in response to a request for support from a neighboring state, your fire department decides to send one engine and a crew of four career firefighters/paramedics. You are not selected. One of your best friends who has been selected urges you to drive to the site of the call in the neighboring state in your own vehicle and hook up with the engine company when you get there.

From pre-EMAC and post-EMAC perspectives, describe what legal liability risks you are personally incurring when rendering medical assistance as an out-of-state paramedic who is “freelancing”. If the incident commander allows you to participate in response, is he or she and/or your home municipality facing potential liability? Be sure to address each issue from both perspectives.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Case Study 2: 50 points

 The St. Louis Fire Department experienced a heavy drop in emergency vehicle accidents after issuing an SOP that requires “on the quiet” responses (no red lights or sirens) for incidents such as automatic alarms, smoke detectors, sprinkler alarms, manual pull stations, carbon monoxide detectors, and natural gas leaks. Many fire departments limit “hot” responses to alarm drops to the first due engine and, possibly, a battalion chief. Other departments will send an engine company to accompany an emergency medical services squad, but the engine company goes “on the quiet.”

A couple of terrific studies of such policies in Anne Arundel County, MD, and Philadelphia, PA, are available via the U.S. Fire Administration’s website.

Williams, A. S., Anne Arundel County Fire Department. (2005). Identifying issues when responding without lights and siren to selected call types for the Anne Arundel County Fire Department. Emmitsburg, MD: National Fire Academy. Retrieved from http://nfa.usfa.fema.gov/pdf/efop/efo38659.pdf

You can locate the above study through one of the following ways:

• Copy and paste the following link into a web browser: http://nfa.usfa.fema.gov/pdf/efop/efo38659.pdf
• The following link will take you to the information page with a link to the .pdf:
• Use a key word search or call number (38659) at the following website:

Hargett, E. F., Philadelphia Fire Department. (2005). Preventing emergency vehicle accidents in the Philadelphia Fire

Department. Emmitsburg, MD: National Fire Academy. Retrieved from http://nfa.usfa.fema.gov/pdf/efop/efo38366.pdf

You can locate the above study through one of the following ways:

• Copy and paste the following link into a web browser: http://nfa.usfa.fema.gov/pdf/efop/efo38366.pdf
• The following link will take you to the information page with a link to the PDF:
• Describe what fire departments have done in your particular state to develop a similar SOP that addresses emergency response on certain runs.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Please submit your Case Study 1 and 2 responses as one word document.

Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

Unit III Case Study

Case Study 1: 50 points

 Review Case Study 6-2: Firefighter Mandatory Retirement Age, found on page 75 in the textbook. Minch v. City of Chicago, 363 F.3d 615 (7^th Cir. April 9, 2004).

The full decision is available at http://caselaw.findlaw.com/us-7th-circuit/1314030.html

Discuss whether you believe it is appropriate for physical examination/tests to be given more frequently as firefighters increase in age to ensure they are physically capable of handling the duties and responsibilities of the job. As part of your analysis of this issue, address whether you believe all firefighters, including those in administrative positions, should be required to pass annual physical examinations/tests.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Case Study 2: 50 points

 Review Case study 7-2: Employer “Mixed Motive” When Terminating Female-Circumstantial Evidence Admissible to Prove Anti-Female Workplace/U.S. Supreme Court, found on page 85 in the textbook. Desert Palace, Inc. dba Caesers Palace Hotel and Casino v. Costa, 539 U.S.90 (2003; U.S. Supreme Court (June 9, 2003).

The full decision is available at

Then, consider this hypothetical situation. You are the fire chief. A female firefighter has complained to you about ongoing harassment, and you have promptly investigated and verbally cautioned her male crew members to stop the harassment.

Describe what steps you should next take when you receive complaints from those same crew members about her lack of cooperation and substandard performance.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Please submit your Case Study 1 and 2 responses as one Word document.

Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

Unit IV Case Study

Case Study 1: 50 points

 Review Case Study 8-1: Fire Apprentice Program to Recruit Minorities – Added Points on Entrance Test, found on page 99 in the textbook. IAFF Local 136 v. City of Dayton, 107 Ohio St. 3d 10, 2005-Ohio-5826 (November 16, 2005).

To view the full decision copy and paste the following web address into a web browser:

Although the Ohio Supreme Court found the added points program did not violate the rights of male and non-minority applicants, describe some alternative means or programs that the fire department might use to recruit female and minority firefighters.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Case Study 2: 50 points

 Review Case study 9-2: Firefighter with Back Injury Offered Light Duty in Police Department, found on page 116 in the textbook. Pfanz v. City of Cincinnati, 149 Ohio App.3d 743, 778 N.E.2d 1073 (Ohio 1^st District Court of Appeals (2002)).

To view the full decision copy and paste the following web address into a web browser:

Large fire departments typically have light duty assignments available for firefighters who are temporarily unable to perform the essential functions of their regular job. However, many smaller departments do not have such accommodations available.

Explain the obligations of employers and employees to enter into discussions regarding reasonable accommodations. Also, discuss whether the department that does offer an accommodation, such as a light duty assignment, should impose a time limit for when the firefighter must either return to full duty, take disability retirement, or otherwise leave the department.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Please submit your Case Study 1 and 2 responses as one Word document.

Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

Unit V Case Study

Case Study 1: 50 points

 Review Case Study 11-3: Comp Time – Public Employers Offering Instead of Overtime Pay/U.S. Supreme Court, found on page 146 in the textbook. Christensen v. Harris County, 529 U.S. 576 (2000).

The full decision is available at

Many fire departments have rules regarding the maximum compensation time that employees may accumulate and also how compensation time is paid at retirement or termination.

Discuss the rules regarding compensation time accrual and use in your fire department or another department in your state and compare and contrast them to those at issue in Christensen. Be sure to address if and how the rules coply with the FLSA.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Case Study 2: 50 points

 Review Case Study 12-1: Random Drug testing – No History of Drug Problems on Fire Department, found on page 152 in the textbook. Petersen v. City of Mesa, 83 P.3d 35 (Ariz. 2004), Arizona Supreme Court No. CV-03-0100-PR.

To view the full decision copy and paste the following web address into a web browser:

Though the Arizona Supreme Court found Mesa’s random drug testing to be outside the “closely guarded category of constitutionally permissible suspicionless searches”, a number of Appeals Court cases have upheld drug testing of firefighters in general, finding that that they do serve in “safety-sensitive” positions.

Discuss whether your fire department or another fire department in your state has a random drug testing program. Briefly outline the provisions of the program. Also, explain if and how this program is addressed in your union’s collective bargaining agreement with your employer.

Your response should be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Please submit your Case Study 1 and 2 responses as one Word document.

Information about accessing the Blackboard Grading Rubric for this assignment is provided below.

FIR 4301 Political and Legal Foundations of Fire Protection