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  • From: IRVIN LICHTENSTEIN <ilichten1@verizon.net>
  • To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>
  • Subject: [MSAR] What standard is-- defacto, dejure, and maybe
  • Date: Sun, 16 Jul 2006 14:21:35 -0400


[Deleted HTML duplicate. (Although, in Irv's case the HTML actually
is the original and well done too.) -Una]


A standard of performance is arrived at by an organization agreeing within
its members that a written description of a behavior or equipment
performance is needed and that membership further agreeing that the
description is correct, performance can be evaluated against the standard
description, and they will abide by the description as a standard of
performance.

The group is usually self appointed. In the fire service the National Fire
Protection Association is such a group. Started to write building codes so
that their member fire insurance companies would limit losses it also
started writing performance codes for fire departments and fire apparatus.
It is the de facto standard for fire suppression practices in the United
States. This means that even if the infamous AHJ has not adopted their
standards as binding a jury will be told that there is no better way to do
things than the NFPA way (the IAFF says so even if FDNYC didn't).

The ASTM is a voluntary concensus organization which means that every member
of a standards drafting committee must agree on every word or phrase in the
standard before it goes up one level of voting. The levels usually are task
group, sub-committee, committee, and full organization. There is currently
a task group on MSAR. It has proposed over 9 drafts which have received
essentially the same objection from the same person(s) each time. Once this
issue is resolved the standard proposal will move forward rapidly. The ASTM
represents the US in many areas of materials and other practices to the
International Standards Organization.

A standard becomes a standard several ways. It may be legislated (de jure),
become widely adopted (de facto), or adjudicated.

The NFPA has enjoyed all three. ASTM is usually de facto (its standards are
the definitions used by the Dept. of Defense to buy many materials or to
define quality tests for instance). And so far no one has won a MSAR
standards case in court that we know of.

If the Authority Having Jurisdiction says you have to meet a certain
standard, regardless of source, you will do so or not be able to function in
that jurisdiction. The other side of the coin is that the AHJ has to
provide a reasonable amount of money to fund your training and equipment to
meet the standard. Pennsylvania created a regulation that defined response
times for licensed ambulances. It was such that a crew had to be in the
station with their fingers on the door button to meet it. The regulation
also said that ambulance services could charge for emergency responses even
it they were municipal services. So the ambulance people hired crews to
replace the volunteers and began charging $500 per call to cover the costs
of keeping their licenses.

Very few jurisdictions pay for SAR now. Almost all MSAR is done by
volunteers risking their lives and their mounts for nothing. When an AHJ
decides that a lot of training and expensive equipment is necessary to do
MSAR they will have to pay for it and probably won't. The career
firefighters' union has gotten management prerogatives into standards, like
how many people are needed on an apparatus and everybody should have a
portable radio. The cost of a trunked radio is from $2700 to $4700 dollars
on our county purchasing contract. The cost of a career firefighter is
about $80000 per year (salary, benefits, allowances and state defined
pension which allows retirement after 20 years regardless of age) times 4
since you need 4 employees to cover 24/7/365 plus some overtime.

Expectations will always be high. Whether they become standards of
performance is usually up to a judge and jury, sometimes up to the
legislature, but never the performing organization unless they are funded.

Irv Lichtenstein





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