Surprise Problems

BY RICHARD MARINUCCI

The title of this column may seem redundant: All problems are somewhat of a surprise either because of their timing or of the people involved. If you aren’t a little surprised by the issue, you should have anticipated it and prevented it from happening. Although we know we are going to have problems, there is nothing we can do to prevent them; since we are part of humanity, we are never sure who will cause the next problem and when it will occur.

On occasion, a problem can occur during what might be considered an innocent or a benign interaction with another. The problem develops as a conversation gets more in depth or as an event unwinds. It is sort of “live” with no real expectation of what could be happening, or why. Regardless, it will take action to resolve the problem and, unlike most problems, it will necessitate immediate action.

SCENARIO

Assume you are in your office and a resident stops in and asks to see you. Of course, you accommodate him. He begins to tell you about a Halloween party he is planning. He owns a relatively large lot and is planning a fun event for family and friends. He would like to have a burn permit so he can roast hot dogs and marshmallows. Your community allows this, so everything is going well up to this point.

This is when the issues start to emerge. The bonfire he is proposing is extremely large and not within the safety limits established by your organization and local policy. While you try to explain that there will be restrictions, the citizen proceeds to tell you he is also planning a fireworks display. Oh! All this is going to happen the next day! He explains that he expects 100 to 150 people. Last, he informs you that he has converted an old barn into a haunted house. He then extends an invitation to the fire and police departments.

You quickly try to process all of this information. What started as a simple request for a burn permit now has included a potentially illegal fireworks display and an unexpected haunted house. There are violations of reasonable and expected fire codes and, potentially, zoning violations. Traffic issues that will certainly require police intervention can be anticipated. There are more ramifications, and it is obvious that you need to act quickly and correctly. What will you do?

APPROACH

You need to diffuse this situation quickly without alienating a taxpayer. As you begin to address each of the issues, the resident informs you that he has been planning this for a while and he plans to go through with the plan with or without your permission. He wants to know the penalty and states he will just pay whatever fine he gets after the fact. Your mind is spinning even more. You certainly did not expect this innocent request for a burn permit to turn into such a complicated issue in just a few minutes.

First, you must try to talk the resident out of the entire event. It won’t be easy. Of course, you still have everything on your side and probably can take a hard line. This should be your last course of action. You want to work with the person to get him to realize that what he is planning is not a good idea, and it is illegal. You cannot approve or authorize anything that is blatantly against the law. You can start by asking the individual if he is asking you to do something illegal. This sometimes is effective in getting the discussion going in the right direction.

Explain that you are being reasonable and prudent in denying permission to do any of the things he described. The bonfire must be within the safety requirements established by fire codes and your department. That means that the size must be such that it creates no danger and that the location must be in a safe place. There will also need to be the appropriate safety items, including a method to extinguish. Overall, this part of the event may be the simplest to resolve. You have a process, and it must be followed.

The fireworks create the next problem. You explain that any public displays will require the proper permits and approvals. A licensed professional must be used. You explain that quite frankly there is not enough time to process this. The resident then says he has only fireworks that have been purchased legally in your state and that is all he is going to use. This is not acceptable in that your state does not allow the use of fireworks by amateurs except during certain periods of the year, and this is not one of them. By now, the resident is getting frustrated. He realizes that his great plans are starting to unravel. He is now a bit more uncomfortable.

The next big issue is the haunted house. Your building and fire codes are very specific, and it is clear that this structure is not even close to meeting the codes. You started by trying to address a simple request for a burn pit, and you are still trying to figure out how to get out of this situation while enforcing what needs to be enforced and trying not to alienate the resident too much. The issues, while significant, are greatly magnified by the impromptu meeting and the proposed schedule. If you had time to resolve this, you could much more easily resolve these issues. But you need to be quick on your feet and stop what could become a bigger deal than it needs to be.

If you cannot resolve this by being reasonable, you will have to involve the zoning, building, and police departments. You will need to keep your boss informed. You will also have to consider informing your elected officials. You will need to develop an enforcement plan should your efforts to curb this event fail. How will you stop it, and with what resources? You will need to get on this quickly and keep it from developing past the point of control. Large crowds expecting a party can get unruly in a hurry and cause other problems. Although you hope that your discussions with the resident have curbed his enthusiasm and caused him to scale back or cancel his event, you will need to be prepared for a worst-case scenario.

Most problems, other than for those that are emergencies to which fire departments respond, don’t require immediate action or quick thinking to avoid an escalation. This is an example of a rare, but important, situation that will require quick thinking. To be able to handle these types of problems, you need to be prepared. You need to be an expert and know your business. You need to be able to be professional at all times, and you must be a good communicator. You need to be able to maintain your composure and think on your feet. You must not become confrontational. You must work toward a solution that does not cause a different or a longer-lasting problem in the future. These types of problems can seem unreal in that it is hard to believe what is being said. Regardless, you cannot approve any illegal or unsafe actions. You will need to realize the potential problems you are facing and use tact to make sure that everything is done the right way or not at all.

What started as a request for a burn permit now has included a potentially illegal fireworks display.

RICHARD MARINUCCI has been a chief for more than 27 years and has been chief in Northville Township, Michigan, since January 2009. Previously, he was chief in Farmington Hills (1984-2008), president of the International Association of Fire Chiefs, and chief operating officer of the U.S. Fire Administration. He is a speaker at FDIC, a columnist for Fire Engineering and Fire Apparatus & Emergency Equipment, and editor of the 7th edition of the Fire Chief’s Handbook. He is a faculty member at Eastern Michigan University and the Maryland Fire and Rescue Institute.

Richard Marinucci will present the workshop “Chief Problem Solver” on Monday, April 7, 1:30 p.m.-5:30 p.m., at FDIC 2014 In Indianapolis.