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The Authority having jurisdiction is a federal, local state, other regional department, or an individual such as a fire chief, fire marshal, chief of a fire prevention bureau (or labor department or health department), facility manager, clinical engineer, biomedical equipment manager, biomedical equipment technician, or other individual having statutory authority over the department, area, and/or property. For insurance purposes, the “authority having jurisdiction” may be an insurance inspection department or rating bureau, or other representative of an insurance company.[1]

NFPA 99 para. 3.2.2 defines Authority having jurisdiction as "An organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure." [2]

Right of Entry

Whenever it is necessary to make an inspection to enforce any of the provisions of this Annex, or whenever the authority having jurisdiction has reason to believe that there exists in any building, or upon any premises, a condition that makes such building or premises unsafe, unsanitary, a fire hazard, or a public nuisance (as specified by 1.7.5.3.1.1), the authority having jurisdiction shall be authorized to enter such building or premises at reasonable times to inspect the same, or to perform any duty imposed on the authority having jurisdiction by this Annex, under the following conditions:

(1) The authority having jurisdiction shall first present proper credentials and request entry.

(2) In the event that entry is refused, or the person authorized to grant entry is unavailable, the authority having jurisdiction shall have recourse to remedy provided by law to secure entry. [3]

References

  1. [1] Solomon, Robert., Health Care Interpretations Task Force: Streamlining Interpretations For Healthcare Fire Protection Issues, June 8, 2010
  2. National Fire Protection Agency (NFPA) 99. "Standards for HealthCare Facilities". 2005 Ed.
  3. [2] COMMITTEES ON NFPA BUILDING CODE, Review of NFPA 5000 Public Proposals Minutes, Cleveland, OH, September 21, 2009

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