Hanover Fire EMS Procedures-Guidelines Manual PDF

Hanover Fire EMS Procedures-Guidelines Manual Chapter 4 - Fire Prevention Copyright Lexipol, LLC 2024/05/01, All Rights Reserved....

Hanover Fire EMS Procedures-Guidelines Manual Chapter 4 - Fire Prevention Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Fire Prevention - 170 Published with permission by Hanover Fire EMS  Procedure Hanover Fire EMS 400 Procedures-Guidelines Manual Use of Force - FMO (SOP) 400.1 PURPOSE To establish policy and procedures governing the use of force, reporting of all uses of force, and investigating a use of force. 400.2 POLICY It is the policy of the Hanover County Fire-EMS Department to value and preserve human life. Sworn fire marshals assigned to the Office of the Fire Marshal may be required to use reasonable force in the performance of their sworn duties. A fire marshal need not retreat or desist from efforts to accomplish their lawful duty when faced with resistance or the threat thereof. Fire marshals shall use only force that is objectively reasonable to effectively bring an incident under control while protecting the lives of the fire marshal and all others involved. A fire marshal's decision to use force is not a subjective determination and shall not be left to the unfettered discretion of the involved fire marshal. A fire marshal shall use only that force that a reasonable prudent law enforcement officer would use under the same or similar circumstances. Fire marshals shall avoid physical force or the threat of force when reasonable alternatives are available. 400.3 PREREQUISITES Satisfactory completion of a course for fire marshals with police powers, designed by the Virginia Department of Fire Programs in cooperation with the Virginia Department of Criminal Justice Services and approved by the Virginia Fire Services Board, as provided by § 9-20 of the Code of Hanover. Maintain annual firearms qualification in accordance with SOP 405 (Firearms & Weapons) Approval by the Chief Fire Marshal to serve as a sworn fire marshal with police powers 400.4 PROCEDURE (a) General Provisions 1. There are occasions in the course of any law enforcement action that may demand that a fire marshal utilize force to execute legal authority. On such occasions, all reasonable alternatives shall be exhausted or be deemed inappropriate prior to the application of any force. The decision to resort to force, as well as the degree or level of force to be used, shall be based only on facts, or what reasonably appear to be facts, known to the fire marshal at the time the actions are taken. Only that force objectively reasonable to effectively bring an incident under control and to minimally overcome resistance while protecting the safety of the fire marshal and others is authorized. A fire marshal shall use the least amount of force required to accomplish lawful objectives. 2. The use of force is divided into the following levels or degrees: implied (presence), expressed (voice), less-lethal force (hands-on, pepper spray, impact weapons, etc.), display of force, and deadly force. The degree or level of force used by a fire marshal shall be proportionate to the level of resistance or threat, Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Use of Force - FMO (SOP) - 171 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Use of Force - FMO (SOP) with considerations given to the purpose of the arrest. Fire marshals are not authorized to use any force level necessary to effect any arrest. The degree or level of force used may escalate in response to the need to overcome increasing amounts of resistance and/or unreasonable threats to safety. 3. When feasible, fire marshals should continuously attempt to communicate with an individual in an effort to de-escalate the situation or reduce the need to use force. 4. A fire marshal's use of physical force shall be discontinued when the resistance or threat ceases or when the incident is otherwise under control. Once the scene is safe and as soon as practical, a fire marshal shall provide appropriate medical care consistent with their training to any individual who has visible injuries, complains of being injured, or requests medical attention. This may include providing first aid, requesting emergency medical services, and/or arranging for transport to an emergency medical facility. 5. Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the fire marshal or another person. In these situations, only minimal amount of force necessary to control the situation shall be used. 6. Fiire marshals have an affirmative duty to act if they observe another fire marshal or law enforcement officer using force that is clearly beyond that which is objectively reasonable under the circumstances and shall safely intercede to prevent the use of excessive force. The interceding fire marshal shall promptly report any such incident to the Chief Fire Marshal. 7. All uses of force shall be documented and investigated pursuant to this policy. (b) Use of Less-Lethal Force 1. Less-lethal force is any force other than that which is considered deadly force that involves physical efforts to control, restrain, or overcome the resistance of another. Fire marshals are authorized to use less-lethal force techniques consistent with their training and Department-issued equipment for the following purposes: (a) To protect the fire marshal or others from immediate physical harm; (b) To restrain or subdue an individual who is actively resisting or evading arrest; and (c) To bring an unlawful situation safely and effectively under control. 2. The mere presence of a uniformed fire marshal (implied level of force) is often sufficient to stop or prevent aggressive behavior. When the mere presence of a fire marshal is not sufficient, the fire marshal may use expressed force by using their calm, firm, and controlled voice to direct the movements and/or behaviors of an individual. 3. 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 Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Use of Force - FMO (SOP) - 172 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Use of Force - FMO (SOP) shall be prepared to escalate or de-escalate the use of force in response to the individual's level of resistance. 4. 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. 5. 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. (c) Use of Deadly Force 1. 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 anybody member or organ. The use of deadly force by law enforcement during an arrest or detention is governed by §19.2-83.5 of the Code Virginia. (a) A fire marshal shall not use deadly force against a person unless: 1. The fire marshal reasonably believes that deadly force is immediately necessary to protect the fire marshal or another person, other than the subject of the use of deadly force, from the threat of serious bodily injury or death; 2. If feasible, the fire marshal has provided a warning to the subject of the deadly force that they will use deadly force; 3. The fire marshal's actions are reasonable, given the totality of the circumstance; and 4. All other options have been exhausted or are not reasonable, given the totality of the circumstances. (b) In determining if a fire marshal's use of deadly force is proper, the following factors shall be considered: 1. The reasonableness of the fire marshal's belief and actions from the perspective of a reasonable law-enforcement fire marshal on the scene at the time of the incident; and 2. The totality of the circumstances, including: (a) the amount of time available to the fire marshal to make a decision; (b) whether the subject of the use of deadly force: (a) possessed or appeared to possess a deadly weapon; and (b) refused to comply with the fire marshal's lawful order to surrender an object believed to be a deadly weapon prior to the fire marshal using deadly force; Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Use of Force - FMO (SOP) - 173 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Use of Force - FMO (SOP) (c) whether the fire marshal engaged in de-escalation measures prior to the use of deadly force, including taking cover, waiting for backup, trying to calm the subject prior to the use of force, or using non-deadly force prior to the use of deadly force; (d) whether any conduct by the fire marshal prior to the use of deadly force intentionally increased the risk of a confrontation resulting in deadly force being used; and (e) the seriousness of the suspected crime. (c) Deadly force may be used to prevent the escape of a violent fleeing felon only when the fire marshal has probable cause to believe that the suspect poses a significant threat of serious physical harm, either to the fire marshal or to others. 1. Deadly force shall not be used to affect the arrest or prevent the escape of a misdemeanant. 2. Deadly force shall not be used to affect the arrest or prevent the escape of a felon not presenting an immediate threat to human life. (d) Warning shots are not authorized under any circumstance. (e) The discharge of a firearm shall be considered deadly force, with no distinction made between a wounding shot and a fatal shot. (d) Prohibited practices for law-enforcement officers during an arrest or detention are governed by §19.2-83.4 of the Code of Virginia. 1. The use of a neck restraint by a fire marshal is prohibited unless the use of a neck restraint is immediately necessary to protect the fire marshal or another person from death or serious bodily injury. (a) "Neck restraint" means the use of any body part or object to attempt to control or disable a person by applying pressure against the neck, including the trachea or carotid artery, with the purpose, intent, or effect of controlling or restricting the person's movement or restricting the person's blood flow or breathing, including chokehold, carotid restraints, and lateral vascular neck restraints. (§19.2-83.3 of the Code of Virginia) 2. The willful discharge of a firearm by a fire marshal into or at a moving vehicle is prohibited unless the discharge or a firearm is immediately necessary to protect the law-enforcement fire marshal or another person from death or serious bodily injury. (e) Training 1. No fire marshal shall commence duty without having read and received training on this policy. Documentation of receipt of this policy shall be stored in the fire marshal's training file. 2. No article of weaponry authorized in SOP 405, Firearms and Weapons, shall be issued for field use unless the recipient fire marshal has demonstrated an Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Use of Force - FMO (SOP) - 174 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Use of Force - FMO (SOP) acceptable level of proficiency in its use and the requirements of this policy have been satisfied. 3. At least annually, all sworn fire marshals shall receive in-service training on the Department's use of force policies, de-escalation, and legal updates. Fire marshals shall demonstrate proficiency with all authorized lethal weapons the fire marshals are issued. 4. Every two years, all sworn fire marshals shall attend in-service training for less- lethal weapons, de-escalation, and weaponless control techniques. 5. Documentation of all training required by this policy shall be stored in the fire marshal's training file. (f) Reporting, Investigation, and Administrative Review 1. All incidents involving the use of force and/or alleged use of force shall be reported by the involved fire marshal to the Chief Deputy Fire Marshal immediately, or as soon as the situation permits. 2. Employee actions involving any use of force resulting in serious injury or death, any death of a person in custody, or any use of an issued firearm that may be considered a violation of law will be reported, documented, and investigated. 3. All other incidents involving use of force and/or alleged use of force shall be documented and investigated as follows: (a) The Chief Deputy Fire Marshal or designee shall respond to the scene and shall conduct a detailed investigation, including witness statements, photographs, recordings, and any other materials pertinent to the investigation. (b) A written use of force report shall be required for any policy action involving the discharge of a firearm (excluding animal euthanasia), the use of pepper spray, the use of an impact weapon, or any use of force that causes injury, results in a report of injury, is likely to cause injury to an individual or a complaint of excessive force. (c) The Chief Deputy Fire Marshal or designee shall complete the use of force report, including a detailed account of the incident. If necessary, the Chief Deputy Fire Marshal or designee may provide a supplemental report to ensure thoroughness. (d) An incident report that includes a detailed account of the incident shall be completed. The reporting fire marshal is not required to provide an additional letter of memorandum reiterating the information provided in the report. (e) The Chief Deputy Fire Marshal or designee shall review the use of force incident and subsequently determine whether the fire marshal's actions were in compliance with Department policy. The Chief Deputy Fire Marshal or designee shall include with their report a detailed account of the facts supporting the determination. The completed report shall then be forwarded to the Chief Fire Marshal for review and action. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Use of Force - FMO (SOP) - 175 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Use of Force - FMO (SOP) 4. In every incident where a fire marshal uses force, the Chief Fire Marshal shall conduct a detailed review of such incident and forward their review to the Chief of Fire-EMS. The Chief of Fire-EMS will direct any appropriate follow-up investigation deemed necessary to ensure the best interests of the Hanover Fire- EMS Department and its members. 5. Any fire marshal whose use of force or other direct action (i.e. vehicle collision, etc.) in an official capacity results in a death or serious injury shall be placed on administrative leave or duty pending the outcome of an administrative review. 6. Annually, the Chief Fire Marshal or designee shall conduct an analysis of the Department's use of force activities, policies, and practices. 400.5 REFERENCES VA DCJS, VA Department of Fire Programs Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Use of Force - FMO (SOP) - 176 Published with permission by Hanover Fire EMS  Procedure Hanover Fire EMS 401 Procedures-Guidelines Manual Fire Code Inspections - FMO (SOP) 401.1 PURPOSE The Hanover County Fire-EMS Department shall be responsible for conducting systematic inspections in accordance with the Virginia Statewide Fire Prevention Code and Hanover County ordinances to ensure fire and life safety throughout the community. Inspections are conducted to educate the public about fire and life safety hazards and motivate them to voluntarily eliminate existing hazards and prevent the occurrence or reoccurrence of identified hazards. 401.2 SCOPE This policy addresses the process of fire code inspection, hazard classification, operational permits, responding to fire code complaints, third-party inspection reports, and fire code modifications. 401.3 PREREQUISITES Employee’s seeking enforcement authority shall receive approval by the fire official prior to conducting inspections and code enforcement in accordance with the Virginia Statewide Fire Prevention Code. 401.4 RESPONSIBILITIES The fire official shall follow the provisions of this policy in accordance with the Code of Virginia, the Code of Hanover County, and the Virginia Statewide Fire Prevention Code. 401.5 PROCEDURE (a) Inspection process: 1. Inspections are based on hazard classification and operational permitting requirements as outlined in NFPA Standards, Virginia Statewide Fire Prevention Code, and Hanover County ordinance. 2. All businesses, commercial property, and industrial property within Hanover County are subject to fire code inspections by the fire official. 3. Fire code inspections are generally conducted on a walk-in basis during normal business hours. However, some inspections require a coordinated effort between the owner, operator, or representative, and the inspector to meet the needs of the inspection. Inspections occurring outside normal business hours shall be approved on a case-by-case basis by the supervisor. 4. The inspector shall show or display the proper credentials and explain the purpose of the inspection to the owner, operator, or representative at the time of the inspection. 5. The inspector shall obtain permission from the owner, operator, or designee prior to conducting the inspection. When possible, a representative from the business should be present when inspections are conducted. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Fire Code Inspections - FMO (SOP) - 177 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Fire Code Inspections - FMO (SOP) 6. In the event an inspector is denied access to the property or portion thereof for the purpose to conduct a fire code inspection; follow-up fire code inspection, or investigating a fire code compliant, the inspector is authorized to proceed with an administrative warrant pursuant to Title 27 of the code of Virginia. The inspector shall consult with the fire official before proceeding with a warrant. 7. Code violations observed during the inspection process shall be documented in the inspection software and brought to the attention of the owner, operator, or representative of the business. 8. An inspection report (notice of violation) outlining the violations shall be provided to the owner, operator, or representative upon completion of the inspection. The inspector should provide suggestions to correct the violations noted on the inspection report. 9. The inspection report shall identify the amount of time allotted to correct the violations before a follow-up inspection is conducted. 10. Follow-up inspections are conducted at intervals listed below unless otherwise approved by the inspector. At the conclusion of each follow-up, an additional report (notice of violation) shall be issued. (a) First follow-up: conducted after 30 days from the initial/renewal inspection. (b) Second follow-up: conducted after 15 days from the first follow-up inspection. (c) Third follow-up: conducted ten days from the second follow-up inspection. (d) Additional follow-up inspection may be required depending on the scope of work. Work requiring additional follow-up inspections shall be outlined in an agreement between the owner, operator, or representative, and the inspector. 11. During the initial and subsequent follow-up inspection, every attempt shall be made to gain voluntary compliance with the Virginia Statewide Fire Prevention Code. In the event an owner, operator, or representative fails to comply with the provisions of the Virginia Statewide Fire Prevention Code, a summons may be issued. The fire official shall be consulted before issuing a summons for a fire code violation. (b) Hazard classification: 1. Critical infrastructure: The assets, systems, and networks whether physical or virtual, that are so vital to the community that their damage or destruction would have a debilitating effect. (a) Critical infrastructure should be inspected annually unless otherwise approved. 2. High-risk occupancies: An occupancy that has a history of high frequency of fires, high potential for loss of life or economic loss, or that has a low or moderate history of fires or loss of life but the occupants have a high dependency on the Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Fire Code Inspections - FMO (SOP) - 178 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Fire Code Inspections - FMO (SOP) built-in fire protection features or staff to assist in evacuation during a fire or other emergency. (a) High-risk occupancies should be inspected annually unless otherwise approved. 3. Moderate-risk occupancies: An occupancy that has a history of moderate frequency of fires or moderate potential for loss of life or economic loss. (a) Moderate-risk occupancies should be inspected biennially unless an operational permit is required for the site. Inspection frequency is subject to change upon supervisory review. 4. Low-risk occupancies: An occupancy that has a history of low frequency of fires and minimal potential for loss of life or economic loss. (a) 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 (c) Operational Permits: 1. Permits are required to ensure the operation and activities conducted at a location comply with the Virginia Statewide Fire Prevention Code. 2. Operational permits are based on the requirements in the administrative section of the Virginia Statewide Fire Prevention Code and will be issued after the fire inspection. 3. The operational permit shall be valid for a period of one year from the date issued. Operational permits extending beyond a one-year period are subject to approval by the fire official. (a) The following operational permits are eligible for a period of less than one year from the date issued. 1. Underground / Aboveground Storage Tanks 2. Fireworks 3. Open/Pit Burning 4. Tents and membrane structures 4. Businesses meeting the fire permit requirements are subject to the fee schedule established by the Board of Supervisors and shall be paid at the time of application for permit or renewal permit. 5. Federal, state, and local government agencies who are tax-exempt pursuant to Section 501© of the Internal Revenue Code shall be exempt from the fee schedule requirements. 6. Fee schedule (a) Number of permits required for the site 1. 1 – 3 $150.00 Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Fire Code Inspections - FMO (SOP) - 179 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Fire Code Inspections - FMO (SOP) 2. 4 – 9 $300.00 3. 10 or more $1,000.00 7. Payments shall be made through the online portal or in-person at the Hanover County Treasurer's Office for processing. 8. Inspectors are not authorized to accept cash or check payments. 9. Inspectors are encouraged to assist the customer with online payments as appropriate. 10. Permit fees will be reconciled between accounts receivable and the inspection software to ensure accuracy. 11. The fire official may revoke the operational permit in accordance with the Code of Hanover and provisions of the Statewide Fire Prevention Code. 12. The fire official may issue a summons to the business representative for operating without a fire permit. A reasonable attempt should be made to contact the owner/operator before issuing a summons. (a) Fire Code Complaints 1. The Office of the Marshal shall investigate all complaints pertaining to fire and life safety. 2. Reported complaints shall be documented in the department’s records management system. 3. The resolution of the complaints shall be in accordance with the provisions of Hanover County Ordinances and the Virginia Statewide Fire Prevention. 4. In the event the complaint does not involve a fire and life safety hazard or is not within the department’s jurisdiction, the fire official should determine the proper agency to which the complaint should be referred and assist the complainant in making contact with that agency. (b) Third-Party Inspection Reports: 1. Third-Party inspections are conducted by a qualified professional as a result of training, education, and experience. 2. Third-Party inspections may need to be conducted to determine the extent of compliance with provisions of the Statewide Fire Prevention Code and/or referenced standards. 3. The fire official shall ensure the reports are certified by a responsible officer of such agency, business, firm, or individual. 4. Third-Party inspection reports shall be reviewed and uploaded to the appropriate occupancy in the records management system. 5. Deficiencies noted on the third-party inspection report shall be addressed in accordance with the Statewide Fire Prevention Code and recorded through a notice of violation. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Fire Code Inspections - FMO (SOP) - 180 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Fire Code Inspections - FMO (SOP) (c) Fire Code Modifications: 1. The fire official may grant modifications to any provision of the Statewide Fire Prevention Code upon application by the owner or the owner’s agent provided the spirit and intent of the Statewide Fire Prevention Code are observed and public health, welfare, and safety are assured. 2. The application for modification and the final decision of the fire official shall be in writing and shall be recorded as a permanent record in the records management system. 3. The final decision provided by the fire official shall be in accordance with the provisions outlined in chapter 1 of the Statewide Fire Prevention Code. 401.6 REFERENCES Code of Virginia Code of Hanover County Virginia Statewide Fire Prevention Code. NFPA 1730: Standard on Organization and Development of Fire Prevention Inspection and Code Enforcement, Plan Review, Investigation, and Public Education Operations. NFPA 1031: Standard for Professional Qualifications for Fire Inspector and Plan Examiner. 401.7 DEFINITIONS The term fire official when referenced in this document shall include fire marshal, deputies and assistants of the Chief Fire Marshal as appointed in accordance with the Code of Hanover County Section 9-18 of Division 3. The term inspector when referenced in the document shall include fire marshal, deputies and assistants who have been appointed by the Chief Fire Marshal in accordance with the Code of Hanover and the Virginia Statewide Fire Prevention Code. 401.8 QUALITY AND ACCOUNTABILITY The fire official shall see that fire inspections are carried out as needed in the interest of public safety. The fire official shall keep 1031 fire inspector certification up to date as required by the VA Department of Fire Programs. Inspection records shall be maintained in accordance to the most current version of Records Retention and Disposition Schedule, General Schedule No. GS-17 by the Library of Virginia. Series number 007043 Fire Code Compliance Inspection Reports documents Virginia Fire Prevention Code compliance inspections and all other mandated fire inspections carried out by emergency services personnel. This series includes, but is not limited to: inspection reports, photographs, notices of violation, and supporting documentation. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Fire Code Inspections - FMO (SOP) - 181 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Fire Code Inspections - FMO (SOP) Series number 007103 Permits: Operational documents the issuance of permits to allow bonfires, the use of explosives, fireworks, fumigation, and tents at functions. This series may include, but is not limited to: application, approved permit, and supporting documentation. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Fire Code Inspections - FMO (SOP) - 182 Published with permission by Hanover Fire EMS  Procedure Hanover Fire EMS 402 Procedures-Guidelines Manual Smoke Alarm Assistance Program (SOG) 402.1 PURPOSE Smoke alarm programs have proven to save lives across the United States, the Commonwealth of Virginia, and the Communities of Hanover County and the Town of Ashland. To continue this life saving initiative, Hanover Fire-EMS personnel are authorized to install smoke alarms in accordance with this guideline. 402.2 SCOPE This guideline serves as a reference for responding to citizen assist calls for service, as it relates to smoke alarms. Also included, will be the routine smoke alarm checks performed on calls for service. 402.3 RESPONSIBILITIES It is the responsibility of all Hanover Fire-EMS personnel to follow this guideline while performing assigned duties. The company officer will be responsible for ensuring compliance with the following guideline. 402.4 PROCEDURE 402.4.1 VERIFICATION OF EXISTING SMOKE ALARMS (a) After the incident has been marked under control, the company officer is encouraged to obtain permission from the occupant to inspect their smoke alarms. (b) Each residence should have a minimum of one (1) operating smoke alarm on each floor. (c) The age of the smoke alarm should be evaluated to ensure that it is not more than ten (10) years of age. (d) One member of the crew will be assigned to ensure the alarm is attached securely to the wall or ceiling, is not damaged, and activates upon depressing the “test” button. (e) Smoke alarms will be verified as being in place and functioning after all fire and EMS incidents. Certain incidents may present extenuating circumstances that preclude this effort (i.e. family following a patient to the hospital). Company officers should use discretion in seeking permission in those situations. 402.4.2 INSTALLING SMOKE ALARMS (a) Installation of alarms should only be completed to meet the minimum number per level (one per level), unless directed otherwise by the company officer. (b) Tenants must sign a smoke alarm liability release upon installation of a new device. The Smoke Alarm Liability Release shall be completed in the incident report in the records management system. (c) Homeowners should be made aware that any battery operated alarm installed by Hanover Fire-EMS is a temporary form of protection, until a direct replacement of a Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Smoke Alarm Assistance Program (SOG) - Published with permission by Hanover Fire EMS 183  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Smoke Alarm Assistance Program (SOG) hard-wired device can be obtained by the homeowner. Hanover Fire-EMS will not replace hard-wired devices. 402.4.3 DOCUMENTATION OF ACTIVITY (a) All smoke alarm installations shall be marked as a call for service with communications via radio. There shall be an incident assigned to the installation, creating a fire report for records management. This will be completed using the terminology of “smoke alarm installation.” If the smoke alarm install occurs while on a call for service, a separate incident number will be created through Hanover Communications. The smoke alarm installation shall carry a “553” incident type code for NFIRS reporting. The actions taken shall be documented as assistance other “70”. This will prompt the smoke alarm documentation. (b) For community based smoke alarm installation efforts, a single NFIRS report is required. The location for the incident shall be a generic address for the area served and can be either a clubhouse for the community, the main address for a mobile home park, or a cross street. The NFIRS report shall indicate the same incident type and actions taken as noted above. Additionally, the total number of homes where smoke alarms were checked and/or installed, and the number of batteries shall be noted in the narrative. (c) A description of services provided shall be documented in the report narrative. In addition, the number of smoke alarms and/or batteries shall be included. 402.5 REFERENCES None 402.6 QUALITY AND ACCOUNTABILITY Each company officer will be responsible for maintaining adequate smoke alarms, providing spare batteries, and ensuring accurate and correct documentation on their assigned apparatus and in their station. Each fire station should maintain an inventory of twelve (12) smoke alarms in stock. Smoke alarms will be distributed to each station based on information obtained in the records management system on a quarterly basis. January, April, July, October of each year In the event a station needs additional smoke alarms prior to the quarterly distribution they can request them from the Office of the Fire Marshal using the email address below. Note that the records system will still be used to verify accurate documentation. If there is a planned community event where several residences are targeted these request should be handled separately from the normal inventory. These events are also documented in the fire records management system under the Blitz tab. Smoke alarm batteries will be ordered through the Logistics work order site by the company officer or designee. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Smoke Alarm Assistance Program (SOG) - Published with permission by Hanover Fire EMS 184  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Smoke Alarm Assistance Program (SOG) Any questions or request should be sent to the Office of the Fire Marshal by email at [email protected]. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Smoke Alarm Assistance Program (SOG) - Published with permission by Hanover Fire EMS 185  Procedure Hanover Fire EMS 403 Procedures-Guidelines Manual Explosive and Weapons Detection Canine (SOG) 403.1 PURPOSE To establish guidelines and procedures related to the use, deployment and retirement of the Explosive / Weapons Detector Canine. 403.2 SCOPE This SOG is intended for canine members and handlers that are assigned to the Hanover County Fire-EMS Department. 403.3 PREREQUISITES The Explosive Detection Canine team (EDC), operates on a system of play-reward. The EDC team is regulated through the certification process’s set forth in the requirements of the Virginia Police Work Dog Association. The EDC team will be associated with a monthly training group and required to recertify to the standards outlined by the Virginia Police Work Dog Association. 403.4 RESPONSIBILITIES (a) The canine will be the primary responsibility of the assigned handler within the Office of the Fire Marshal. The assigned handler will have the authority to refuse any incident or terminate operations at any incident based on the health and safety of the handler and canine. (b) Handlers will report to their assigned supervisor in all other matters including the use of the canine as it relates to staffing, time and budget management. 403.5 PROCEDURE Proper Utilization of Explosive / Weapons Canine Team (a) The Explosive / Weapons Detector canine is trained in the detection of black or smokeless powder, commercial dynamite, C-4 or Flex-X, TNT or Military Dynamite, primer cord, water-gel, firearms, ammunitions and trace firearms evidence. (b) The Explosive / Weapons Detector canine can be utilized to search vehicles, mail, parcels, cargo, fright, luggage, public transportation vehicles, buildings, lockers, open area, or any other area deemed appropriate by the canine handler. Note: The Explosive / Weapons Detector canine cannot be utilized to establish probable cause for a search warrant strictly based upon a positive alert by the canine. The substances that the canine is trained to detect are LEGAL to possess in most situations. (a) The Explosive / Weapons Detector canine team will be utilized to search for explosive devices at the scene of a bomb threat. (a) An Explosive Technician will be called when the Explosive / Weapons Detector team locates a device. Calls involving potential explosives should be worked with a Police EOD Team (examples include: City of Richmond, Henrico Police, or Virginia State Police EOD units). These types of calls require both a police and fire presence. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Explosive and Weapons Detection Canine Published with permission by Hanover Fire EMS (SOG) - 186  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Explosive and Weapons Detection Canine (SOG) (b) The Explosive / Weapons Detector team will only be utilized to locate a suspected device. It will not be utilized to identify a suspicious package. (a) The Explosive / Weapons Detector team can be utilized at crime scenes involving the use of firearms. The canine’s ability will enhance the time and efficiency of the search for trace evidence. (a) The Explosive / Weapons Detector team can be utilized to search schools and other institutions for firearms. Requests for the use of the Explosive / Weapons Detector Team (a) Outside the County: (a) All requests for the use of the Explosive / Weapons Detector team outside of the county requires the handler’s supervisor approval before the request is honored or denied. Request to the supervisor shall be made verbally by radio or phone call depending on the time of day (a text message maybe appropriate in certain situations to begin the notification). In the event the handlers immediate supervisor is not available or doesn’t respond in a timely manner then the chain of command shall be followed with-in the Office of the Fire Marshal to obtain permission for the request. 1. The Explosive / Weapons Detector team is recognized as a regional resource and all request for assistance outside of Hanover County will be fulfilled to the best ability of the Hanover County Office of the Fire Marshal. (b) The Explosive / Weapons Detector team when authorized to provide service to jurisdictions outside of the County, shall be governed by the same rules, regulations and directives of Hanover Fire and EMS, as if performing that same service within the County. (a) Within the County: (a) During normal business hours notification of a requested response will be at the discretion of the Canine Handler. Notification may be requested through direct communication from the requesting party to the handler, through the Emergency Communications Center, the Virginia Emergency Operations Center, or through any other means necessary. (b) After normal business hours or in the event overtime will be required the handler shall receive supervisor approval. Request to the supervisor shall be made verbally, by radio, or phone call depending on the time of day (a text message maybe appropriate in certain situations to begin the notification). In the event the handlers immediate supervisor is not available or doesn’t respond in a timely manner then the chain of command shall be followed with-in the Office of the Fire Marshal to obtain permission for the request. Retirement of Service Canines (a) The normal estimated service life of an Explosives canine is between 9 & 10 years of age. Once it is determined that the service canine can no longer perform its duties a written request shall be made by the handler to their supervisor to formally retire the canine. The request shall explain the circumstances that supports the request as well as the intention of the handler as it relates to the canine. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Explosive and Weapons Detection Canine Published with permission by Hanover Fire EMS (SOG) - 187  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Explosive and Weapons Detection Canine (SOG) (b) After a supervisors review of the request it will be sent to the Fire Chief for final consideration using the chain of command with-in the Office of the Fire Marshal. (c) Once final approval has been granted for retirement the handler will have the option to transfer ownership of the canine from the Department. Should the handler no longer want the canine or is unable to care for the canine efforts will be taken to secure the canine with a suitable home. (d) There will be no financial support provided by the Hanover Fire-EMS Department to the handler to care for the canine after the approved retirement date. (e) If the handler requests that the canine be retired before it reaches its retirement age a search for a new handler will be conducted. If no suitable handler can be found then the original handler will have the option to transfer ownership of the canine from the Department and will assume full responsibility for the canine with no additional services granted by the Hanover Fire-EMS Department. (f) In the event that the canine and the handler retire from the department simultaneously then the handler will have the option to purchase the canine for one dollar ($1.00) with no additional services granted by the department. (g) Formal recognition of the retired canine should take place at the yearly Officers Awards Ceremony or during a departmental Retirement Ceremony. Additionally, the retired canine’s name will be added to the commemorative plaque honoring all retired canines for their years of service to the Hanover Fire-EMS Department. 403.6 REFERENCES (a) Hanover Sheriff’s Office practices with canine program (b) Henrico Police Department practices with canine program (c) Richmond Police and Fire Department practices with canine program (d) Chesterfield Fire Department practices with canine program 403.7 DEFINITIONS (a) Explosives / Weapons Detector Canine- Police service canine trained to search and alert on certain explosive substances. (b) Explosives / Weapons Detector Team- Combination of the explosives / weapons detector canine handler and the explosive / weapons detector canine. (c) EDC- Explosives / Weapons Detection Canine 403.8 QUALITY & ACCOUNTABILITY (a) Canine management records shall be maintained in accordance to the most current version of Records Retention and Disposition Schedule, General Schedule No. GS-17 by the Library of Virginia. (b) Series Number 100775 documents the management of dogs (K-9) in the service of law enforcement. This series may include, but is not limited to history, status, health, and training records. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Explosive and Weapons Detection Canine Published with permission by Hanover Fire EMS (SOG) - 188  Procedure Hanover Fire EMS 404 Procedures-Guidelines Manual Arrest Procedures (SOP) 404.1 PURPOSE In accordance with § 27-34.2 and § 27-34.2:1 of the Code of Virginia and § 9-20 of the Code of Hanover, fire marshals have the authority to arrest, procure and serve arrest warrants, and to issue a summons. This policy establishes procedures in accordance with training, policies, procedures, and all applicable laws regarding arrest while maintaining a safe environment for the community. The procedures herein shall be followed in conjunction with the investigation and prosecution of all offenses involving: hazardous materials; fires; firebombings; bombings; attempts or threats to commit such offenses; false alarms related to such offenses; possession and manufacture of explosive devices, substances, and firebombs. All other law enforcement matters or offenses are directed to the appropriate agency. 404.2 SCOPE This procedure applies to all fire marshals of the Hanover Fire-EMS Department ("Department") who are sworn and qualified pursuant to § 27-34.2 and/or § 27-34.2:1 of the Code of Virginia and are authorized to perform these duties by the Chief Fire Marshal. The authority to arrest, procure and serve warrants of arrest, or the issuance of a summons is not granted until the fire marshal successfully completes the appropriate training outlined by the Virginia Department of Fire Programs. 404.3 DEFINITIONS Arrest: When a person is taken into custody in order that they may answer for an offense, or when there is deprivation or restraint of a person's liberty in any way. Consular Officer: A consular officer (consul) is a citizen of a foreign country employed by a foreign government and authorized to provide assistance on behalf of that government to that government and to the government's citizens in a foreign country. Consular officers are generally assigned to the consular section of a foreign government's embassy in Washington, DC. Court Service Units: CSUs are locally or state-operated entities that provide services to the juvenile and domestic relations district court, including intake, investigations and reports, probation, parole, case management, and other related services in the community. Click HERE to learn more. Diplomatic Immunity: A principle of international law by which certain foreign government officials are not subject to the jurisdiction of local courts and other authorities for both their official and, to a large extent, their personal activities. Foreign National: Any person who is not a citizen of the United States. This also encompasses undocumented (illegal) aliens. Honorary Consular Officer: An honorary consul is a citizen or lawful permanent resident of the United States who has been authorized by a foreign government to perform official functions on its behalf in the United States. An honorary consular officer is to be treated in the same way as a consular officer. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Arrest Procedures (SOP) - 189 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual 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. Any law enforcement officer enumerated in § 19.2-81 may, when acting upon reasonable suspicion that an individual has committed or is committing a crime, arrest the individual without a warrant upon receiving confirmation from the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security that the individual (i) is an alien illegally present in the United States, and (ii) has previously been convicted of a felony in the United States and deported or left the United States after such conviction. Upon receiving such confirmation, the officer will take the individual forthwith before a magistrate or other issuing authority and proceed pursuant to § 19.2-82 of the Code of Virginia. (See additional sections, refer to code). 404.3 RESPONSIBILITIES It is the responsibility of each fire marshal to ensure equal enforcement and observance of every person's inalienable civil rights. This policy guides the operation of the Fire Marshal's Office and its personnel in all matters concerning individual rights. The Office of the Fire Marshal and its personnel observe, uphold, and enforce all laws pertaining to the individual rights of each person without regard to race, creed, national origin, economic status, gender, or any other basis prohibited by law. Staff utilizes every source of information available to ensure the correct identification of persons arrested or confined. Total dependency is not placed on the similarity of names or upon information received from other law enforcement agencies. A suspect whose identity is doubtful may be detained but not booked until identity is confirmed. Should a suspect detained as a result of a warrant arrest claim mistaken identity, the officer will delay booking the suspect until positive identification is established. All fire marshals must know and understand the proper arrest and booking procedures. 404.3.1 FREEDOM OF SPEECH AND ASSEMBLY All citizens are guaranteed the right to seek redress of grievances by: (a) Freedom of Speech, (b) Peaceful Assembly, and (c) Peaceful Picketing. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Arrest Procedures (SOP) - 190 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Arrest Procedures (SOP) The rights set forth, while fundamental in our democratic society, do not mean that everyone with opinions or beliefs to express may do so at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order - without such, liberty itself would be lost in the excess of anarchy. The exercise of these rights must not: (a) Conflict with the governmental responsibility to keep public streets and facilities open and available for public use. (b) Violate any law or ordinance. (c) Include the use of inflammatory remarks related to any instance where a clear and present danger of a riot against any person or group of persons exists. 404.5 PROCEDURE The authority granted in § 27-34.2 and § 27-34.2:1 of the Code of Virginia and § 9-20 of the Code of Hanover is intended to support the enforcement of the Statewide Fire Prevention Code, for violation of fire prevention and fire safety laws. Such authority includes the investigation and prosecution of all offenses involving: hazardous materials; fires; firebombings; bombings; attempts or threats to commit such offenses; false alarms related to such offenses; possession and manufacture of explosive devices, substances, and firebombs. All other law enforcement matters or offenses are directed to the appropriate agency. It is not the practice of fire marshals assigned to the Office of the Fire Marshal to enforce the following: (a) Alcohol, Drug, or Narcotic laws (b) Traffic violations outside the scope of fire lane enforcement or enforcing the clearance around fire hydrants and fire department connections (c) Property Crimes (d) Assault and Battery 404.5.1 OFFENSE CLASSIFICATION Criminal offenses for which an individual can be arrested are divided into felony and misdemeanor categories. (a) A felony arrest can be effected: 1. If the offense is observed by the arresting fire marshal. 2. If probable cause exists. 3. With a valid arrest warrant. 4. Upon knowledge of the existence of a warrant. (b) A misdemeanor arrest may be effected: 1. If the offense is observed by the arresting officer. 2. With a valid arrest warrant. 3. Under the provisions of § 19.2-81 and § 19.2-81.3 Code of Virginia. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Arrest Procedures (SOP) - 191 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Arrest Procedures (SOP) 404.5.2 WARRANTLESS ARREST Pursuant to § 19.2-81.3 of the Code of Virginia, a fire marshal, with probable cause, shall affect an arrest without a warrant for the following circumstances: (The appropriate law enforcement agency shall be notified immediately) (a) Domestic assaults. (b) Violation of a protective order. (c) Violation of a stalking protective order. Pursuant to § 19.2-81 of the Code of Virginia, a fire marshal may affect an arrest without a warrant for the following circumstances: (a) A crime was committed in the fire marshal's presence. (b) Probable cause to suspect a person has committed a felony, not in the fire marshal's presence. (c) Apprehension of a person charged with motor vehicle theft. (d) Persons charged with a crime in another jurisdiction if proper notification is given and available, i.e. teletype, telephone, etc. (e) Any misdemeanor offense not committed in the fire marshal's presence, when a fire marshal has been notified by Hanover Emergency Communication or another law enforcement agency that a warrant is on file. (f) Shoplifting in violation of § 18.2-96 or § 18.2-103 of the Code of Virginia; carrying a weapon on school property (§ 18.2-308.1), assault and battery; or brandishing a firearm (§ 18.2-282), when any such arrest is based on probable cause upon reasonable complaint of the person who observed the alleged offense. (g) Destruction of property in violation of § 18.2-137 of the Code of Virginia, when such property is located on-premises used for business or commercial purposes when any such arrest is based on probable cause upon reasonable complaint of the person who observed the alleged offense. 404.5.3 INDIVIDUAL RIGHTS All citizens are guaranteed protection against unlawful arrest, and unreasonable searches and seizures. Fire marshals will uphold these rights by: (a) Taking a person into custody only when necessary, legally justified, and in compliance with departmental policies. (b) Invading a private dwelling only when the fire marshal: 1. Has in their possession a search warrant authorizing the action. 2. Has reasonable grounds to believe that a person whom they are authorized to arrest by the warrant is within their own private dwelling. 3. Has reasonable belief that such entry is necessary to protect a person within such dwelling from death or serious injury (exigent circumstances). Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Arrest Procedures (SOP) - 192 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Arrest Procedures (SOP) 4. Has consent of a resident of the dwelling. 5. Is in close pursuit of the suspect and observes the suspect enter the dwelling. (c) Searching Motor Vehicles: 1. The courts have recognized differences between a warrantless search of a vehicle and that of a building, due to the ease of moving a vehicle before a search warrant can be obtained. 2. Fire marshals, with probable cause to believe the vehicle contains contraband or evidence of a crime, may search a vehicle in any area where the contraband or evidence could be found. Although a search warrant is not necessary for these situations, the probable cause must rise to the level that would support the issuance of a search warrant. (d) Only confiscating such property as they are authorized to confiscate related to a crime - recognizing the fire marshal must account for all such property in the investigative report and/or warrant documentation. (e) Admonition of Rights: 1. A subject in arrest custody must be advised of their legal rights under Miranda prior to interrogation. In every instance, the full warning shall be read from a prepared text to preclude inadmissibility of any statement due to insufficient warning: (a) You have the right to remain silent. Anything you say can be used against you. You have the right to speak with an attorney before questioning and have an attorney present with you during questioning. If you cannot afford an attorney, one may be appointed for you. You may exercise these rights at any time during questioning. Do you understand these rights as I have explained them to you? 2. The arresting fire marshal must document in the investigation report the date, time, location, witnesses, and whether the arrestee's rights were invoked or waived. (f) When making an authorized arrest, search, or seizure, fire marshals will use physical force only when the exercise of communication, advice, and warning is found to be insufficient to obtain cooperation and then only the minimum degree of such physical force necessary to affect a custodial arrest (see SOP 400, Use of Force). 404.5.4 ARRESTED PERSONS All citizens, in keeping with our democratic processes, are guaranteed certain basic constitutional safeguards. These safeguards will not be denied to any citizen even though they have committed or are suspected of having committed a criminal act. Fire marshals will, at all times, be aware of the arrestee's rights and will: (a) Expedite all necessary processing so that the arrestee will be detained no longer than necessary. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Arrest Procedures (SOP) - 193 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Arrest Procedures (SOP) (b) Never use force or coercion to seek admission of guilt or confessions. (c) Advise the arrestee of his legal rights outlined in the Miranda Warning when required. (d) Recognize and respect the arrestee's rights to refuse to give evidence against themselves. 404.5.5 ARREST OF FOREIGN NATIONAL The purpose of this section is to ensure that upon arrest or detainment of a foreign national, the foreign national is promptly advised of the right to have consular assistance. If the arrestee requests consular notification, the foreign national's nearest consular official must be promptly notified so that consular services may be provided as appropriate. This section relates to the arrest and detention of foreign nationals, deaths of foreign nationals, notification of consular officials when guardianship or trusteeship is being considered with respect to a foreign national who is a minor or incompetent, and related issues pertaining to the provision of consular services to foreign nationals in the United States. Consular services are intended to ensure foreign governments can extend appropriate services to their nationals in the United States and the United States complies with its legal obligations to such governments. During the arrest or detainment of a foreign national, death of a foreign national, or when guardianship or trusteeship is being considered with respect to a foreign national, who is a minor or incompetent, it is the policy of the Office of the Fire Marshal to advise the foreign national of their right to have the designated consular official notified. (a) Summary of Requirement Pertaining to Foreign Nationals. Notifications must be in conjunction with other law enforcement agencies as appropriate: 1. When a foreign national is arrested or detained, they must be advised of the right to have the designated consular office notified. 2. Based on the foreign national's citizenship, in some cases, the nearest consular official must be notified of the arrest or detention regardless of the request made by the foreign national. 3. A consular official is entitled to have access to the foreign national in detention and is entitled to provide consular assistance. 4. When a fire marshal becomes aware of the death of a foreign national, the consular officer must be notified. 5. When a guardianship or trusteeship is being considered with respect to a foreign national who is a minor or incompetent, the consular officer must be notified. 6. When a foreign ship or aircraft wrecks or crashes, consular officials must be notified. 7. In all cases of enforcement contact with foreign nationals, the Chief Fire Marshal must be contacted. 8. If questions arise in the event of an arrest or detention of a foreign national, the U.S. Department of State may be contacted for guidance. Contact can be made through the Diplomatic Security Representative (202) 647-7277 (day hours) and Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Arrest Procedures (SOP) - 194 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Arrest Procedures (SOP) the Diplomatic Security Command Center at (571) 345-3146 (night and weekend hours). The Diplomatic Security Command Center is primarily responsible for liaison services with law enforcement agencies. (b) Steps to follow when a foreign national is arrested or detained: 1. The arresting fire marshal must determine the foreign national's country of origin. In the absence of other information, the foreign national's travel documents or passport should be used to make a determination. Upon an arrest, a determination must be made whether the foreign national is from a country of mandatory notification or not. The arresting fire marshal must ensure 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. This information must be noted in the fire marshal's investigation report. 2. If the foreign national's country is not on the mandatory notification list, (Attachment A), the arresting fire marshal will ensure the following occurs: (a) Offer, without delay, to notify the foreign national's consular officials of the arrest or detention. The Consular Notification and Access Manual are provided by the U.S. Department of State. (b) If the foreign national asks that consular notification be made, notify the nearest consular officials of the foreign national's country without delay. Notification may be made using the suggested fax sheet for notifying consular officers of arrests or detentions provided by the U.S. Department of State. (c) A notation must be made in the arresting fire marshal's investigation report that an offer was made to notify the foreign national's consular service and whether notification was refused by the foreign national or contact was made. 3. If the foreign national's country is on the list of mandatory notification countries provided by the U.S. Department of State: (a) Notify that country's nearest consular officer, without delay, by using the suggested fax sheet for notifying consular officers of arrest or detentions provided by the U.S. Department of State. (b) Tell the foreign national that you are making this notification. (c) A notation must be made in the arresting fire marshal's investigation report that notification was made, listing the date, time, and the person contacted at the appropriate consular office. Contact information for foreign embassies and consulates in the United States is provided by the U.S. Department of State website. 4. Foreign consular officers must be given access to their nationals and permitted to communicate with them. Such officers have the right to converse and correspond with their nationals and to arrange for their legal representation. They must refrain from acting on behalf of a foreign national, however, if the Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Arrest Procedures (SOP) - 195 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Arrest Procedures (SOP) national opposes their involvement. In addition, consular officers may not act as attorneys for their nationals. 5. Consular notification should not be confused with the Miranda warning, which is given regardless of nationality to protect the individual's constitutional rights against self-incrimination and to have the assistance of legal counsel. Consular notification is given as a result of international legal requirements so that a foreign government can provide its nationals with whatever consular assistance it deems appropriate. (c) Deaths of Foreign Nationals: 1. If a member of the Office of the Fire Marshal becomes aware of the death of a foreign national in the course of their duties, they must ensure the nearest consulate of that national's country is notified of the death. This will permit the foreign government to make an official record of the death for its own legal purposes. Death notification to the nearest consulate must be in coordination with the appropriate law enforcement agency. (d) Appointments of Guardians or Trustees for Foreign Nationals: 1. Whenever a probate court or other legally competent authority considers appointing a guardian or trustee with respect to a foreign national who is a minor or an adult lacking full capacity, the nearest consular authorities for that national's country must be informed without delay. (e) Diplomatic Immunity: 1. Diplomatic immunity is granted by the United States government under provisions of the Vienna Convention on Diplomatic Relations. Generally, these provisions apply to two classes of immunity: (a) Diplomats and members of their families enjoy full immunity (b) Employees of diplomatic missions and members of their families enjoy immunity with respect to acts performed in the course of their official duties 2. While a person claiming diplomatic immunity may present any number of identification papers, the only one that is indicative of the level and privilege of immunity is a card issued by the U.S. Department of the State. The holder's level of immunity will be indicated on the card. If a person claiming immunity does not possess this card and the incident involves a criminal offense, fire marshals may detain the person either at the scene or at the Office of the Fire Marshal long enough to verify official status. Immunity card examples can be found on the U.S. Department of State's website. If questions arise about this procedure, call and advise the U.S. Department of the State Diplomatic Security Command Center at (571) 345-3146. 3. When encountering a criminal suspect, who claims diplomatic immunity, fire marshals first take reasonable measures, including pat-downs or other legal searches, to ensure safety to the public and other officers. Verification of the diplomatic claim takes place after any danger has been neutralized. Because diplomatic and consular immunity may be waived or withdrawn by the foreign Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Arrest Procedures (SOP) - 196 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Arrest Procedures (SOP) government, a criminal investigation proceeds as if no valid diplomatic immunity claim has been made. Although the subject cannot be detained or arrested once immunity is established, an investigation into the incident proceeds pursuant to the Department's policies and procedures, in anticipation that immunity will be revoked. In a criminal investigation, the Chief Fire Marshal, or his designee, will remain in contact with the U.S. Department of State. (f) Wanted Checks: 1. When a foreign national or legal/illegal alien is arrested or detained, a VCIN/ NCIC check is required as with any other person arrested or detained. In addition, a U.S. Immigration and Customs Enforcement (US-ICE) name check is made via teletype through the US-ICE Law Enforcement Support Center (LESC) 2. The U.S. Immigration and Customs Enforcement (US-ICE) maintains a 24 hour, 7 days a week service center for law enforcement inquiries and assistance. The law enforcement telephone number is 1-802-872-6020. The arresting fire marshal must note that these steps were completed within the narrative of the report. (g) Notification to the U.S. Immigrations and Customs Enforcement: 1. Fire marshals have limited statutory authority to arrest undocumented aliens for violations of federal immigration laws under the Code of Virginia. Fire marshals will notify the U.S. Immigration and Customs Enforcement (US-ICE) regarding the arrest of an illegal alien upon receipt of a confirmation message from NCIC showing that a detained or arrested subject is wanted and subject to arrest for a preexisting US-ICE detainer based on any of the following: (a) Involvement in terrorist or subversive activities (b) Involvement in fraudulent activities aimed at assisting undocumented aliens to enter the United States (c) Possession of a firearm (d) Involvement in organized crime including gambling, prostitution, narcotics distribution, etc. (e) Membership and/or participation in a criminal street gang (f) Commission of a felony offense 404.5.6 VICTIM OF A CRIME If a diplomat, consular, or official guest of the United States is a victim of a crime, the responding fire marshal will immediately notify the Chief Deputy Fire Marshal. Contact shall then be made with the U.S. Department of State Diplomatic Security Command Center at (571) 345-3146 and the F.B.I. Richmond Field Office at (804) 261-1044. According to Federal regulations, the Federal Bureau of Investigations has primary jurisdiction over offenses committed against diplomats and official guests. Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Arrest Procedures (SOP) - 197 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Arrest Procedures (SOP) 404.5.7 SEARCH OF PERSONS To ensure the safety of the arresting fire marshal and prevent possible harm to the arrestee or other persons, fire marshals search persons in their custody for weapons or other objects that could be used to inflict harm or affect an escape, and the preservation evidence. (a) Search incident to arrest - In affecting the arrest of a suspect, fire marshals perform a systematic search of the person at the earliest possible time and, unless conditions dictate otherwise, prior to transporting the arrestee in Department vehicles. (b) Fire marshals accepting temporary custody of an arrestee for transporting, detention, interview, or interrogation should take it upon themselves to conduct a search of the person under the assumption that the subject has not been searched. (c) Stop and Frisk - In accordance with Terry v. Ohio, 392 U.S. 1 (1968), fire marshals may detain a person in a public place when the fire marshal reasonably suspects that the person is committing, has committed, or is about to commit a felony, or possesses a concealed weapon. In addition, if a person is detained under these circumstances and the fire marshal reasonably believes that the person intends to inflict bodily harm, the fire marshal may conduct a limited pat-down search of the person's outer clothing to detect a concealed weapon. The standard used in cases of an investigative detention is reasonable suspicion, not probable cause. (d) Strip searches are not permitted except in the following situations and as governed by § 19.2-59.1 of the Code of Virginia: 1. Only with a search warrant, court order, or an adult's lawful consent. 2. Any body cavity search will be conducted only by appropriate medical personnel pursuant to a search warrant or court order. During the search, a fire marshal or law enforcement officer of the same sex as the suspect must be present to provide security and ensure appropriate privacy. 3. All strip/body cavity searches will be documented in the investigation report. (e) After the arrest and search have taken place, the following procedure will be followed: 1. The person will be released with a Virginia Uniform Summons at the location of the arrest on all misdemeanors with the following exceptions: (a) Charges of driving under the influence must be directed to the appropriate law enforcement agency (b) Charges of public drunkenness (c) If it is believed by the officer that their person will disregard the summons (d) If the officer believes the arrested person will be likely to cause harm to themselves or another person (e) If any person refuses to give such written promise to appear or refuses to sign the summons in accordance with § 46.2-936 of the Code of Virginia, the arresting officer will give such person notice of the time and place of the hearing, note such person's refusal to give their written promise to appear on the summons, and forthwith release them from custody Copyright Lexipol, LLC 2024/05/01, All Rights Reserved. Arrest Procedures (SOP) - 198 Published with permission by Hanover Fire EMS  Hanover Fire EMS Procedures-Guidelines Manual Procedures-Guidelines Manual Arrest Procedures (SOP) 2. The arrested person will be transported to jail and processed. The arresting fire marshal will complete the arrest information sheet. 3. If the arrested person is charged with a felony, the following procedures will be followed: (a) The person will be transported to the magistrate to be formally charged if the warrant was not obtained prior to the arrest (b) The person will be read the charge on each warrant (c) An Arrest Information Sheet will be filled out listing each arrest (d) A case number will be obtained from the dispatcher (e) A VCIN/NCIC check should be made on the person prior to being released from custody (f) A diplomatic or consular pouch will not be opened by any fire marshal under any circumstance. If a fire marshal has probable cause to believe that a diplomatic or consular pouch is being used in the commission of a crime, the fire marshal will contact the Chief Deputy Fire Marshal immediately, who in turn will contact the U.S. Department of State. A diplomatic or consular pouch is a container used to transport official documents and equipment for