158 Questions
When is the use of pepper spray by a fire marshal justified?
When the individual's behavior poses a risk of injury to the fire marshal or others.
What is the primary consideration when determining the use of force by a fire marshal?
The objectively reasonable force given the totality of the circumstances.
What is the definition of serious bodily injury?
Serious, permanent disfigurement, or long-term loss or impairment of the function of a body member or organ.
When is the use of lethal blows by an impact weapon justified?
In cases where deadly force is justified.
What is the primary goal of a fire marshal when using force?
To protect themselves and others from harm.
What is deadly force?
Any use of force that is likely or intended to cause death or serious bodily injury.
When can a fire marshal use an impact weapon?
In the fire marshal's defense or in the defense of another individual.
What is the fire marshal's responsibility when using force?
To be prepared to escalate or de-escalate the use of force in response to the individual's level of resistance.
What is the treatment of an honorary consular officer according to the SOP?
Same as a consular officer
What is probable cause in the context of arrest procedures?
Facts and circumstances that, taken together with rational inferences, would lead a prudent person to believe that a crime is being or has been committed
What is the criterion for the arrest of a person based on immigration status, according to the Code of Virginia?
Section 19.2-81.6 of the Code of Virginia
What is the definition of reasonable belief in the context of arrest procedures?
Facts and circumstances which, taken together with rational inferences, would cause a law enforcement official to reasonably suspect that the person named on the warrant is currently present inside the dwelling in which they live
Which law enforcement officers have the authority to enforce immigration laws of the United States?
All law enforcement officers enumerated in § 19.2-81
What is the purpose of Section 19.2-81.6 of the Code of Virginia?
To establish the criteria for the arrest of a person based on immigration status
What is the primary purpose of the Use of Force - FMO policy?
To govern the use of force, reporting of all uses of force, and investigating a use of force
What is the core value of the Hanover County Fire-EMS Department?
To value and preserve human life
In what circumstances may a fire marshal use reasonable force?
In the performance of their sworn duties
What is the guiding principle for a fire marshal's decision to use force?
The objective reasonableness of the force
What is the goal of a fire marshal's use of force?
To bring an incident under control while protecting lives
What is a prerequisite for fire marshals with police powers?
Satisfactory completion of a course designed by the Virginia Department of Fire Programs
What is the role of a fire marshal in the face of resistance or threat?
To continue their efforts without using force
What should a fire marshal prioritize when possible?
The use of reasonable alternatives
What is the primary purpose of the Explosive / Weapons Detector team?
To locate a suspected device
Where can the Explosive / Weapons Detector team be utilized?
At crime scenes and schools
What is the benefit of using the Explosive / Weapons Detector team?
It enhances the time and efficiency of searches
Who must approve requests for the Explosive / Weapons Detector team outside of the county?
The handler's supervisor
How should the handler notify their supervisor for requests outside of the county?
Via radio or phone call, depending on the time of day
What happens if the handler's immediate supervisor is not available?
The chain of command is followed to obtain permission
What is the primary role of the Explosive / Weapons Detector team at crime scenes?
To search for trace evidence
What is the purpose of the Explosive / Weapons Detector team in schools and institutions?
To search for firearms
What must the arresting fire marshal ensure has been administered to the arrested or detained foreign national?
The suggested statements found in the Consular Notification and Access Manual
What is the purpose of the Consular Notification and Access Manual?
To ensure the foreign national's consular officials are notified of their arrest or detention
What must be noted in the fire marshal's investigation report?
The information provided to the foreign national regarding consular notification
What happens if the foreign national's country is not on the mandatory notification list?
The arresting fire marshal must offer to notify the consular officials
How may notification be made to the consular officials?
Using the suggested fax sheet for notifying consular officers of arrests or detentions
What happens if the foreign national asks that consular notification be made?
The arresting fire marshal must notify the consular officials without delay
What is the purpose of making a notation in the arresting fire marshal's investigation report?
To record the offer made to notify the foreign national's consular service
What is the significance of the mandatory notification list?
It determines which countries require mandatory notification
What is the primary condition for a fire marshal to use deadly force?
The fire marshal reasonably believes that deadly force is immediately necessary to protect the fire marshal or another person
What factor is considered when determining if a fire marshal's use of deadly force is proper?
The fire marshal's reasonableness of belief and actions
What must a fire marshal consider before using deadly force?
All other options have been exhausted or are not reasonable
What is not a requirement for a fire marshal to use deadly force?
The fire marshal is acting in self-defense
What is the purpose of §19.2-83.5 of the Code of Virginia?
To govern the use of deadly force by law enforcement during an arrest or detention
When can a fire marshal use deadly force?
When the fire marshal reasonably believes it is necessary to protect themselves or another person
What is a factor in determining the reasonableness of a fire marshal's actions?
The perspective of a reasonable law-enforcement fire marshal on the scene
What must a fire marshal do before using deadly force, if feasible?
Provide a warning to the subject of the deadly force
What type of occupancy has a history of moderate frequency of fires or moderate potential for loss of life or economic loss?
Moderate-risk occupancy
How often should high-risk occupancies be inspected?
Annually
What is the purpose of operational permits?
To ensure the operation and activities conducted at a location comply with the Virginia Statewide Fire Prevention Code
What determines the inspection frequency of an occupancy?
The type of occupancy
What can affect the inspection frequency of an occupancy?
Supervisory review
How often should low-risk occupancies be inspected?
Triennially
Why are operational permits issued?
After the fire inspection
What section of the Virginia Statewide Fire Prevention Code addresses operational permits?
Administrative section
Who may provide a supplemental report to ensure thoroughness in an incident?
The Chief Deputy Fire Marshal or designee
What must be included in the incident report?
A detailed account of the incident
Who reviews the use of force incident and determines whether the fire marshal's actions were in compliance with Department policy?
The Chief Deputy Fire Marshal or designee
What happens to the completed report after the Chief Deputy Fire Marshal or designee reviews it?
It is forwarded to the Chief Fire Marshal for review and action
Who conducts a detailed review of an incident where a fire marshal uses force?
The Chief Fire Marshal
What happens to the review of the incident where a fire marshal uses force?
It is forwarded to the Chief of Fire-EMS for review
Who shall ensure that third-party inspection reports are certified?
A responsible officer of the third-party agency
What is the purpose of the review of the incident where a fire marshal uses force?
To determine whether the fire marshal's actions were in compliance with Department policy
What is the purpose of reviewing and uploading third-party inspection reports?
To ensure compliance with the Statewide Fire Prevention Code
How must deficiencies noted on a third-party inspection report be addressed?
By recording a notice of violation
What is included with the Chief Deputy Fire Marshal or designee's report?
A detailed account of the facts supporting the determination
Under what condition may the fire official grant modifications to the Statewide Fire Prevention Code?
Upon application by the property owner or their agent
What is required for an application for modification and the final decision of the fire official?
A written record
What is the primary concern when granting modifications to the Statewide Fire Prevention Code?
The spirit and intent of the Statewide Fire Prevention Code
What is the purpose of recording the application for modification and the final decision of the fire official?
To maintain a permanent record in the records management system
What is the ultimate goal when granting modifications to the Statewide Fire Prevention Code?
To protect public health, welfare, and safety
What type of smoke alarm device will Hanover Fire-EMS not replace?
Hard-wired device
What is the incident type code used for NFIRS reporting for smoke alarm installations?
553
How should the location be reported for community-based smoke alarm installation efforts?
Generic address for the area served
What information should be noted in the narrative of the NFIRS report for smoke alarm installations?
Total number of homes where smoke alarms were checked and/or installed
What is the purpose of creating a separate incident number through Hanover Communications?
To track smoke alarm installations
What should be marked as a call for service via radio communications?
Smoke alarm installations
What is the documentation requirement for smoke alarm installations that occur while on a call for service?
Create a new incident report
What type of actions are documented as 'assistance other' with a code of '70'?
Smoke alarm installations
Where shall documentation of all training required by this policy be stored?
The fire marshal's training file
Who shall an involved fire marshal report to immediately after an incident involving the use of force and/or alleged use of force?
The Chief Deputy Fire Marshal
What shall be documented and investigated in incidents involving use of force and/or alleged use of force?
All incidents involving use of force and/or alleged use of force
What shall the Chief Deputy Fire Marshal or designee respond to and conduct a detailed investigation of?
The scene of the incident
What is required for any policy action involving the discharge of a firearm, excluding animal euthanasia?
A written use of force report
Who shall complete the use of force report, including a detailed account of the incident?
The Chief Deputy Fire Marshal or designee
What shall be included in the use of force report?
A detailed account of the incident, including witness statements and photographs
What is the purpose of the investigation and reporting process?
To document all incidents involving the use of force and/or alleged use of force
What is the primary purpose of using less-lethal force by a fire marshal?
To protect the fire marshal or others from immediate physical harm
When can a fire marshal safely intercede to prevent the use of excessive force?
When they observe another fire marshal or law enforcement officer using force that is clearly beyond that which is objectively reasonable under the circumstances
What must a fire marshal do after safely interceding to prevent the use of excessive force?
Promptly report the incident to the Chief Fire Marshal
What is the purpose of using expressed force by a fire marshal?
To direct the movements and/or behaviors of an individual
What is the minimal amount of force that a fire marshal shall use in a situation?
The minimal amount of force necessary to control the situation
What is the purpose of documenting and investigating all uses of force by a fire marshal?
To determine if the use of force was in accordance with this policy
What is the purpose of the mere presence of a uniformed fire marshal?
To often suffice to stop or prevent aggressive behavior
What is the primary purpose of using force by a fire marshal?
To control, restrain, or overcome the resistance of another
What is the responsibility of the Office of the Marshal in relation to fire code complaints?
To investigate and resolve all complaints pertaining to fire and life safety
In what situation may the fire official issue a summons to the business representative?
When the business is operating without a fire permit
What is the purpose of permit fees being reconciled between accounts receivable and the inspection software?
To ensure accuracy and prevent errors
What should the fire official do if a complaint does not involve a fire and life safety hazard or is not within the department's jurisdiction?
Refer the complaint to the proper agency and assist the complainant in making contact
What is the characteristic of a third-party inspection?
Conducted by a qualified professional as a result of training, education, and experience
What is the responsibility of the fire official in relation to operational permits?
To issue operational permits to businesses
What is the purpose of documenting reported complaints in the department's records management system?
To maintain a record of all complaints and their resolutions
When may the fire official revoke the operational permit?
In accordance with the Code of Hanover and provisions of the Statewide Fire Prevention Code
What may the Chief Deputy Fire Marshal or designee provide to ensure thoroughness?
A supplemental report
What is included in the incident report?
A detailed account of the incident
Who reviews the use of force incident and determines compliance with Department policy?
The Chief Deputy Fire Marshal or designee
What is included in the report by the Chief Deputy Fire Marshal or designee?
A detailed account of the facts supporting the determination
Who conducts a detailed review of the incident and forwards their review to the Chief of Fire-EMS?
The Chief Fire Marshal
What is the purpose of the report by the Chief Deputy Fire Marshal or designee?
To determine compliance with Department policy
What happens to the report by the Chief Deputy Fire Marshal or designee after it is completed?
It is forwarded to the Chief of Fire-EMS
What is the purpose of the review by the Chief Fire Marshal?
To take action on the incident
What type of immunity do employees of diplomatic missions and their families enjoy?
Immunity with respect to acts performed in the course of their official duties
What is the only identification paper that is indicative of the level and privilege of immunity?
Card issued by the U.S. Department of State
What happens if a person claiming diplomatic immunity does not possess a card issued by the U.S. Department of State and the incident involves a criminal offense?
Fire marshals may detain the person for verification
When encountering a criminal suspect who claims diplomatic immunity, what do fire marshals do first?
Take reasonable measures to ensure safety
Why do fire marshals take reasonable measures to ensure safety when encountering a criminal suspect with diplomatic immunity?
To ensure safety to the public and other officers
What can be waived or withdrawn by the foreign government regarding diplomatic immunity?
Both diplomatic and consular immunity
What is the contact number for the U.S. Department of State Diplomatic Security Command Center?
(571) 345-3146
Where can examples of immunity cards be found?
On the U.S. Department of State's website
What is the purpose of Procedure 404 in the Hanover Fire EMS Procedures-Guidelines Manual?
To detail the training and policies for arrest procedures
Who is authorized to perform arrest procedures according to Procedure 404?
Only sworn and qualified fire marshals
What types of offenses are covered by Procedure 404?
Only hazardous materials and fire-related offenses
What is the primary goal of a fire marshal when using force according to Procedure 404?
To maintain a safe environment for the community
What is the purpose of Series Number 100775?
To document the management of dogs in law enforcement
What type of records may be included in Series Number 100775?
History, status, health, and training records of dogs
What is the authority of fire marshals according to the Code of Virginia?
To make arrests, procure and serve arrest warrants, and issue summonses
Which agency is responsible for handling other law enforcement matters or offenses?
The appropriate agency
What is the standard used in cases of an investigative detention?
Reasonable suspicion
Under what circumstances can strip searches be conducted?
Only with a search warrant or court order
Who must be present during a body cavity search?
A law enforcement officer of the same sex as the suspect
What happens to a person arrested for misdemeanors, except in certain circumstances?
They are released with a Virginia Uniform Summons
What must be documented in the investigation report?
The strip/body cavity searches
What is an exception to releasing a person with a Virginia Uniform Summons?
If the person is believed to disregard the summons
What happens if the person refuses to give a written promise to appear or refuses to sign the summons?
The officer gives notice of the time and place of the hearing
In what situations can a person not be released with a Virginia Uniform Summons?
For driving under the influence or public drunkenness
Under what circumstance can a law enforcement officer arrest an individual without a warrant?
When the individual has a previous felony conviction and is illegally present in the United States
What is the responsibility of each fire marshal regarding individual rights?
To ensure equal enforcement and observance of every person's inalienable civil rights
What should a fire marshal do when a suspect detained as a result of a warrant arrest claims mistaken identity?
Delay booking the suspect until positive identification is established
What is the primary goal of the Fire Marshal's Office regarding individual rights?
To observe, uphold, and enforce all laws pertaining to individual rights
When can a suspect be detained, but not booked, according to the policy?
When the suspect's identity is doubtful
What is the responsibility of the officer upon receiving confirmation from the Bureau of Immigration and Customs Enforcement?
To take the individual forthwith before a magistrate or other issuing authority
What is the purpose of ensuring correct identification of persons arrested or confined?
To prevent mistaken identity and ensure proper booking
What guides the operation of the Fire Marshal's Office and its personnel?
The policy of ensuring equal enforcement and observance of every person's inalienable civil rights
What happens to the arrested person after being transported to jail?
They are processed and the arresting fire marshal completes the arrest information sheet.
What is the purpose of obtaining a case number from the dispatcher?
To document the arrest and create a record.
What should a fire marshal do if they have probable cause to believe a diplomatic or consular pouch is being used in the commission of a crime?
Contact the Chief Deputy Fire Marshal immediately.
What is the purpose of a VCIN/NCIC check on the arrested person?
To determine if the arrested person has any outstanding warrants.
What should a fire marshal do with a diplomatic or consular pouch if they have probable cause to believe it is being used in the commission of a crime?
Leave the pouch alone and do not touch it.
What happens if the arrested person is charged with a felony?
They are transported to the magistrate to be formally charged.
What is the purpose of the arrest information sheet?
To document the arrest and create a record.
What is the significance of the VCIN/NCIC check in the arrest procedures?
It is used to determine if the arrested person has any outstanding warrants.
What is one of the factors considered when determining if a fire marshal's use of deadly force is proper?
Whether the subject possessed or appeared to possess a deadly weapon
What is an example of a de-escalation measure a fire marshal may take prior to using deadly force?
Taking cover
What is considered when evaluating the totality of the circumstances?
The seriousness of the suspected crime and the fire marshal's actions prior to using deadly force
What is a circumstance that may justify the use of deadly force by a fire marshal?
If the subject refuses to comply with the fire marshal's lawful order to surrender an object believed to be a deadly weapon
Why may a fire marshal's use of deadly force be considered justified?
Because the subject possessed or appeared to possess a deadly weapon and refused to comply with the fire marshal's lawful order
What is a factor in determining the reasonableness of a fire marshal's actions?
The totality of the circumstances
What should a fire marshal consider before using deadly force?
The totality of the circumstances
What may affect the justification for a fire marshal's use of deadly force?
The fire marshal's actions prior to using deadly force
Study Notes
Use of Force - FMO (SOP)
- The Hanover County Fire-EMS Department values and preserves human life, and sworn fire marshals may use reasonable force in their duties.
- Fire marshals must use only force that is objectively reasonable to bring an incident under control while protecting lives.
- A fire marshal's decision to use force is not subjective and shall not be left to their discretion.
- Fire marshals shall use only that force that a reasonable prudent law enforcement officer would use under similar circumstances.
- Fire marshals shall avoid physical force or the threat of force when reasonable alternatives are available.
- Situations may arise in which a fire marshal may be required to use a higher level or degree of force than implied or expressed.
- The use of such tactics shall be objectively reasonable, given the totality of the circumstances.
- The fire marshal shall be prepared to escalate or de-escalate the use of force in response to the individual's level of resistance.
Use of Force in Specific Situations
- When making an arrest or attempting to control an individual whose behavior poses a risk of injury to the fire marshal or others, the fire marshal may use pepper spray prior to utilizing hand-on tactics.
- Impact weapons may be used in the fire marshal's defense or in the defense of another individual, to control the actions of others, or to the extent necessary to effect a lawful arrest.
- Lethal blows inflicted by an impact weapon are prohibited, except in cases where deadly force is justified.
Deadly Force
- Deadly force is any use of force that is likely or intended to cause death or serious bodily injury.
- Serious bodily injury means serious, permanent disfigurement, or long-term loss or impairment of the function of any body member or organ.
Explosive and Weapons Detection Canine (SOG)
- The Explosive / Weapons Detector team will only be utilized to locate a suspected device.
- The team can be utilized at crime scenes involving the use of firearms.
- The team can be utilized to search schools and other institutions for firearms.
- All requests for the use of the Explosive / Weapons Detector team outside of the county require the handler's supervisor approval.
Arrest Procedures (SOP)
- Probable Cause: Facts and circumstances that, taken together with rational inferences, would lead a prudent person to believe that a crime is being or has been committed and that a particular person committed it.
- Reasonable Belief: Facts and circumstances which, taken together with rational inferences, would cause a law enforcement official to reasonably suspect that the person named on the warrant is currently present inside the dwelling in which they live.
- Legal Authority: § 19.2-81.6 of the Code of Virginia establishes the criteria for the arrest of a person based on immigration status.
- All law enforcement officers enumerated in § 19.2-81 have the authority to enforce immigration laws of the United States pursuant to the provisions of this section.
Consular Notification and Access
- The arresting fire marshal must ensure that the suggested statements found in the Consular Notification and Access Manual provided by the U.S. Department of State have been administered to the arrested or detained foreign national.
- If the foreign national's country is not on the mandatory notification list, the arresting fire marshal will offer, without delay, to notify the foreign national's consular officials of the arrest or detention.
- If the foreign national's country is on the list of mandatory notification countries provided by the U.S. Department of State, notification must be made to the nearest consular officials of the foreign national's country without delay.
Use of Deadly Force by Fire Marshals
- A fire marshal can only use deadly force if they reasonably believe it is necessary to protect themselves or another person from serious bodily injury or death.
- Before using deadly force, the fire marshal must provide a warning to the subject, if feasible.
- The fire marshal's actions must be reasonable given the circumstances, and all other options must be exhausted or deemed unreasonable.
- The use of deadly force will be reviewed by the Chief Deputy Fire Marshal or designee, who will determine if the fire marshal's actions were in compliance with department policy.
Fire Code Inspections
- High-risk occupancies should be inspected annually, unless otherwise approved.
- Moderate-risk occupancies should be inspected biennially, unless an operational permit is required for the site.
- Low-risk occupancies should be inspected triennially, unless an operational permit is required for the site.
- Inspection frequency is subject to change upon supervisory review.
Operational Permits
- Operational permits are required to ensure compliance with the Virginia Statewide Fire Prevention Code.
- Permits are issued after a fire inspection, and third-party inspections may be necessary to determine compliance.
- The fire official shall ensure third-party inspection reports are certified and reviewed, and any deficiencies noted shall be addressed.
Fire Code Modifications
- The fire official may grant modifications to the Statewide Fire Prevention Code upon application, provided the spirit and intent of the code are observed and public health, welfare, and safety are assured.
- The application for modification and the final decision of the fire official shall be in writing and recorded as a permanent record.
Smoke Alarm Assistance Program
- Hanover Fire-EMS will not replace hard-wired smoke alarm devices.
- Smoke alarm installations shall be documented as a call for service with communications via radio, and an incident report shall be created.
- The smoke alarm installation shall carry a "553" incident type code for NFIRS reporting, and the actions taken shall be documented as assistance other "70".
Use of Force
- Fire marshals shall use only the minimal amount of force necessary to control a situation.
- If a fire marshal observes another fire marshal or law enforcement officer using excessive force, they have an affirmative duty to intervene and report the incident to the Chief Fire Marshal.
Less-Lethal Force
- Less-lethal force is any force other than deadly force, used to control, restrain, or overcome resistance.
- Fire marshals are authorized to use less-lethal force techniques for:
- Protecting themselves or others from immediate physical harm.
- Restraining or subduing individuals who are actively resisting or evading arrest.
- Bringing an unlawful situation safely and effectively under control.
- The mere presence of a uniformed fire marshal can often be sufficient to stop or prevent aggressive behavior.
Reporting, Investigation, and Administrative Review
- All incidents involving the use of force shall be reported by the involved fire marshal to the Chief Deputy Fire Marshal.
- Incidents resulting in serious injury or death, or any use of an issued firearm, will be reported, documented, and investigated.
- Written use of force reports shall be required for:
- Discharge of a firearm (excluding animal euthanasia).
- Use of pepper spray.
- Use of an impact weapon.
- Any use of force that causes injury, results in a report of injury, or is likely to cause injury to an individual or complaints of excessive force.
Fire Code Complaints
- The Office of the Marshal shall investigate all complaints pertaining to fire and life safety.
- Reported complaints shall be documented in the department’s records management system.
- The resolution of complaints shall be in accordance with the provisions of Hanover County Ordinances and the Virginia Statewide Fire Prevention Code.
Third-Party Inspection Reports
- Third-party inspections are conducted by qualified professionals as a result of training, education, and experience.
Diplomatic Immunity
- Diplomats and members of their families enjoy full immunity.
- Employees of diplomatic missions and members of their families enjoy immunity with respect to acts performed in the course of their official duties.
- The level of immunity is indicated on a card issued by the U.S. Department of State.
- Fire marshals may detain individuals claiming diplomatic immunity if they do not possess the required card and the incident involves a criminal offense, to verify official status.
Use of Force
- Factors considered when evaluating the use of deadly force by a fire marshal:
- Time available to make a decision
- Possession or appearance of possession of a deadly weapon
- Refusal to comply with lawful orders to surrender an object believed to be a deadly weapon
- Engagement in de-escalation measures prior to using deadly force
- Conduct that intentionally increased the risk of a confrontation resulting in deadly force
- Seriousness of the suspected crime
Canine Unit
- Series Number 100775 documents the management of dogs (K-9) in law enforcement service
- Records may include history, status, health, and training records
Arrest Procedures
- Fire marshals have the authority to arrest, procure and serve arrest warrants, and issue summonses
- Arrest procedures apply to offenses involving hazardous materials, fires, firebombings, bombings, and related crimes
- Other law enforcement matters are directed to the appropriate agency
- Fire marshals must ensure equal enforcement and observance of individual rights without regard to race, creed, national origin, economic status, gender, or other prohibited bases
- Responsibilities include upholding and enforcing all laws pertaining to individual rights
Search and Seizure
- Strip searches are not permitted except in specific situations:
- With a search warrant, court order, or an adult's lawful consent
- Body cavity searches are conducted only by medical personnel pursuant to a search warrant or court order
- A fire marshal or law enforcement officer of the same sex as the suspect must be present during the search
- Strip and body cavity searches are documented in the investigation report
Post-Arrest Procedure
- Following an arrest, the suspect is:
- Released with a Virginia Uniform Summons at the location of the arrest on all misdemeanors, except for specific exceptions (e.g., driving under the influence, public drunkenness)
- Transported to jail and processed if charged with a felony
- Read the charge on each warrant if charged with a felony
- Subject to a VCIN/NCIC check prior to being released from custody
This quiz covers the procedures and guidelines for fire prevention, including the use of force, as outlined in the Hanover Fire EMS manual.
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