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Fire Prevention and Code Enforcement, Essay Example

Pages: 3

Words: 918

Essay

In this situation, the fire prevention code applies because the description of the gallon drum of racing fuel is accurate, and the individual is accurately able to describe the red flammable liquid drum on the label. Therefore, the individual who is storing the racing fuel is aware that this item is flammable, and could serve as a potential hazard. In industrial settings, it is occasionally permissible to store items like this, but it is not approved for domestic storage. In addition, an item like this could not be shipped domestically by mail according to safety laws, so it is suspicious that this individual has this item in her possession. It would therefore be advantageous to question the individual as to how she retrieved the gallon of fuel in addition to its intended use. It would also be necessary to determine whether she was aware that its storage in her household was not permissible and to inform her that she can be fined and possibly arrested for criminal action. Ultimately, her neighbor was correct in being concerned because the gallon fuel drum is not just a hazard to the women storing it in her house, but potentially to all her neighbors as well; if the drum catches fire, it will fuel a large fire that is likely to spread quickly.

If the inspection crew is denied entry by the homeowner, they will be able to retrieve a search warrant from the court because technically, this is a criminal offense. In this situation, it is imperative to the safety of this individual in her neighbors to either confirm or deny the presence of the fuel and to determine whether the correct quantity was reported. If the neighbor’s report was erroneous and there was only a small amount of fuel, to the extent that one would use for an old stove top, it would be permissible to let this individual keep it. However, if there is a large quantity of fuel, it must be examined for proper storage and to determine whether the individual who is housing it has permission or is licensed to do so. Even if this individual has received permission from some entity to store the fuel, she is not able to do so within her home because this is not an approved fuel storage facility. Therefore, she could be fined on this basis. These fines would be lessened if it is found that she is storing the fuel properly, but this could still be confiscated or moved to a more appropriate facility even if this is the case, in order to reduce the likelihood of an extreme fire. If the individual who is storing the fuel drum is behaving extremely hostile, it may be necessary to recruit a police escort for assistance in examining her crime. Ultimately, since the fire prevention crew cannot make any arrests, it would be helpful to have the police present in case of an unpredictable crisis. For example, if the woman had several gallons of fuel stored rather than just one, and there was an indication that she would use this to start a fire, it would be useful to have the police present so they may arrest her and bring her in for more precise questioning. Meanwhile, the fire prevention crew would be free to examine the rest of the house to determine the extent of the fuel storage and to confiscate it for safe keeping.

The complainant’s desire to remain anonymous has little effect on the ability to gain access to the townhouse. The report, even though untraceable back to a specific individual, provides evidence that there is a potentially flammable substance located in the neighborhood, and it is necessary to follow up on this report whether or not her name has been provided. Ultimately, it would be still possible to receive a search warrant from the courts in the presence of the police in order to examine the hazard. If this case were to reach court, however, the neighbor’s wish to remain anonymous would be potentially problematic. Since this information was provided to the fire prevention team in secrecy, she could not be called to court as a primary witness. Despite this, in an extreme case, the individual who is storing the fuel will still likely be found at fault due to compelling evidence from the fire prevention team that the fuel was stored without permission, inappropriately, and in a residential area where it had the potential to put many people at risk.

Ultimately, this situation has many variables that are dependent on whether the report of the gallon of fuel by the neighbor was accurate, whether the individual refuses the fire prevention team entry, whether the fuel is stored properly, and whether the individual has permission to store the fuel in another setting. As a consequence, the punishment for such a thing could range from nothing if the fuel is found to only be a small amount, to a fine, to an arrest. However, it is never a good idea to store fuel in one’s home, even if it’s a small amount. Furthermore, she should keep the fuel in a cabinet that has potential to contain the fire in case the fuel were to spontaneously ignite due to a heat reaction. In conclusion, it is important to teach the public about fire safety in order to avoid dangerous situation such as this.

References

Fire Protection Specialists. (n.d.). Fire Safety. Retrieved from  http://www.h2ofiresprinklers.co.uk/fire_safety

New York City Fire Department. (n.d.). Fire Safety Plans. Retrieved from http://www.nyc.gov/html/fdny/html/units/fire_prevention/fire_safety_plans.shtml

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