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Regardless of whether compliance with an NFPA standard is voluntary or mandatory, fire and rescue departments must consider the impact of “voluntary” standards on private litigation. In some states, a department may be liable for the negligent performance of their duties. Even in states that protect rescue workers under an immunity statute, most state laws do not protect fire or rescue departments for grossly negligent acts. Essentially, negligence involves the violation of a standard of care that results in injury or loss to some other individual or organization. In establishing the standard of care for rescue operations, the courts will frequently look to the “voluntary” standards issued by NFPA and other organizations. Although “voluntary” in name, these standards can become, in effect, the legally enforceable standard of care for fire or rescue department. Accordingly, fire and rescue departments should pay close attention to applicable standards.
Understaffing of fire departments is a nationwide problem. So much so in fact, that the ICMA, International City Managers Association, has conducted studies to determine the effectiveness of fire companies based on staffing. This information was published Managing Fire Services, 2nd edition. This international organization of city leaders recognizes the importance of a properly staffed fire department. This publication included this information:
1. Fire suppression operations have three basic functions: (1) RESCUE; (2) work involving ladder, forcible entry, and ventilation; and (3) the application of water. To raise ladders, ventilate, search, and RESCUE simultaneously takes quick action by at least FOUR and often EIGHT or more firefighters, each under the supervision of an officer.
2. If about SIXTEEN trained firefighters are not operating at the scene of a working fire within the critical time period, then DOLLAR LOSS and INJURIES are significantly INCREASED as is fire spread.
