ANNEX LEGISLATION
Acts, Codes, Ordinances, Laws, Regulations, Standards, Statutes, etc:
There are untold scores upon scores of existing & proposed acts, guidelines, laws, standards and statutes, etc directly or indirectly related to the safety and welfare of emergency responders.
What drives or propels emergency safety? It includes as its basis codes, laws, ordinances regulations; standards and statutes.
Let us try to get a grasp on the definitions for bills, acts, codes, ordinances, regulations, standards, and statutes to better aid us in researching them and their differences to application for emergency & safety needs:
Bills:
In most instances it takes involved groups and even lobbyist to initiate the proposal of a bill. Most bills proposed are presented through the legislative body by a representative of some office. When introduced into the first house of the legislature, a piece of proposed legislation is known as a bill.
Emergency & safety in relation to laws and regulations has a long history and you don’t need to spend valued time here explaining where regulatory changes got their start. It is assumed that you have at least some knowledge of how emergency & safety and environmental issues have evolved. There is tons of written work on that very subject.
Act
Legislative act. An alternative name for statutory law. A bill which has been enacted by legislature into law. When introduced into the first house of the legislature, a piece of proposed legislation is known as a bill. When passed to the next house, it may then be referred to as an act. After enactment the terms “law” and “act” may be used interchangeably. An act has the same legislative force as a joint resolution but is technically distinguishable, being of a different form and introduced with the words “Be it enacted” instead of “Be it resolved.”
Code
A systematic collection, compendium or revision of laws, rules, or regulations (e.g., Uniform Commercial Code). A private or official compilation of all permanent laws in force consolidated and classified according to subject matter (e.g. United States Code). Many states have published official codes of all laws in force, including the common law and statutes as judicially interpreted, which have been compiled by code commissions and enacted by the legislatures (e.g. California Codes). See also Codification.
Code of Federal Regulations
Code of Military Justice
Ordinance
A rule established by authority; a permanent rule of action; a law or statute. In its most common meaning, the term is used to designate the enactments of the legislative body of a municipal corporation. It designates a local law of a municipal corporation, duly enacted by the proper authorities, prescribing general, uniform, and permanent rules of conduct relating to the corporate affairs of the municipality.
An ordinance is the equivalent of a municipal statute, passed by the city council, or equivalent body, and governing matters not already covered by federal or state law. Ordinances commonly govern zoning, building, safety, etc. matters of municipality.
Law
Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which is laid down, ordained, or established. A rule or method according to which phenomena or actions co-exist or follow each other. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. Law is a solemn expression of the will of the supreme power of the State.
The word “law” generally contemplates both statutory and case law.
Regulation
The act of regulating; a rule or order prescribed for management or government; a regulating principle; a precept. Rule of order prescribed by superior or competent authority relating to action of those under its control. Regulation is rule or order having force of law issued by executive authority of government (e.g. by federal administrative agency).
Regulation of an executive department. The general rules relating to the subject on which a department acts, made by the head of the department under some act of Congress conferring power to make such regulations, and thereby give to them the force of law.
Standard
Stability, general recognition, and conformity to established practice. A type, model, or combination of elements accepted as correct or perfect. A measure or rule applicable in legal cases such as the “standard of care” in tort actions. See Double standard; Reasonable man doctrine or standard.
Statute
Statute, n. A formal written enactment of a legislative body, whether federal, state, city, or county. An act of the legislature declaring, commanding, or prohibiting something; a particular law enacted and established by the will of the legislative department of government; the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state. Such may be public or private, declaratory, mandatory, directory, or enabling, in nature.
State Statutes and Regulations: On a state scale, the process is very similar to that of the federal legislature but is driven more by state specific issues and concerns. West Virginia holds strong mining emergency & safety requirements while other states would not have as strong a need. Some states have felt compelled to adopt the federal statutes as their guiding laws to ensure some consistency. Many states have however, gone through extensive development of state laws and regulations which are in some cases more stringent than those of the federal government.
It is our belief that eventually; each state will come to create a very specific emergency & safety, health and environmental management program. They will obviously meet the national standards and in many varied areas will expand and become more comprehensive in their respective needs.
All states do not all follow the same methods for how and when their final statutes or in fact and very importantly how they are presented to you. What you might find as the identifying search subject in one state might well be found under a totally different section of their statutes for another. It would be nice to see a standardized method by which states create and present their emergency & safety statutes. It’s simply not standardized to-date. Yes it can be confusing, but just understand that differences exist and deal with them.
Local Ordinances: These are the area specific guidelines by which communities, towns and cities abide by to stay in compliance with all other regulatory guidelines. Typically developed and adopted into use by county commissioners and city councils, local ordinances find there way into the policy and procedures and standard operating procedures for local law enforcement, fire/rescue and emergency management agencies.
So when you think you have it all together stop to consider: Have you looked from the bottom up? Checking to determine if local ordinances exist for your particular information need might well be your first step. From them, you may find where county or state statutes are cited.
Some might take local ordinances and statutes with little seriousness or weight. Make no mistake about the strength and power that local ordinances can have on successful programs and operating procedures.
Where is all this vital information available? Take a few (occasionally mis-guided) steps through the city or county clerk’s office or information center to get your bearings as to where the local ordinances are available. In most instances they are readily available as reference to all who seek their content. Copies are typically available at a nominal printing/copy cost.
Obtaining access to a particular government agency which may also impact or guide your operations through regulation or legislation, you should consider the U.S. Government Information Sources. Although no direct tie to laws or regulations may be apparent, it does provide links to many government agencies and resources on the internet. The U.S. Government Information Sources URL location is:
http://www.nttc.edu/resources/government/govresources.asp
Our focus in this work is to properly recognize (to the greatest degree possible) as many references to the guidelines and authority(s) as is possible.
It would be prudent for anyone selected as an incident’s safety officer / representative to delve into as extensive a research task as is possible to acquire the appropriate drivers of responders with respect to specific threats or hazards associated with an incident or event.
Non-Government Entities such as the National Fire Protection Association (NFPA) can hold as strongly a directive as any existing laws or statutes as they are typically mandated through federal, state or local jurisdictions.
Incorporation by Reference: Generalized statements implying that certain standards, etc are incorporated by reference should be followed up thoroughly to properly recognize what these references actually are and how they are to be incorporated.
