The whole AHJ issue can be confusing. From NFPA 96-2004 Chapter 3 Definitions "3.2.2* Authority Having Jurisdiction (AHJ).An organization, office, or individual responsible for enforcing the requirement of a code, or standard, or for approving equipment, material, and installation or a procedure." You will see this definition in all of the NFPA model codes as upgrades are done.
The Annex gives more clarity by noting "In many circumstanes, the property owner or his or her designated agent assumes the role of the authority having jursdiction" Read that last sentance again, the "designated agent assumes the role of AHJ." The designated agent can be considered the person who cleans the exhaust system and services the fire suppression system. After all, who knows more about the exhaust system than us? This is assuming we are properly trained and acually clean the whole exhaust system. Stan and his fellow inspectors are also AHJ,s but realistically Stan cannot be expected to see what we see while we are doing our jobs. Stan shows up the day after we clean the exhaust system. We saw the water leaks at the hood/duct junction, we saw the cleaning interval was inadaquate, we saw the entire duct was not accessable, but did not make note of that on the invoice, nor did we make a written service report that was given to Stan, the owner/operator and the insurance company. Stan does not see the leaks because we wiped up the water. When the place catches fire, who is responsible? If the owner is notified and the enforcement agency is notified, we have covered our selves. The liability is then on the owners, and the enforcement agencies. Will we be called into court, of course but we can produce our service reports and let Stan and the owner/operator and the insurance agency deal with the consequences.
In Oregon, there is movement to hold the contractor accountable. It took the death of 3 firefighters in Coos Bay to accomplish this. Now, some of the building inspectors are doing a much better job of inspecting new installations. Some of the fire inspectors are also taking their responsiblities more seriously. Unfortunatly, all too many of the inspectors and contractors still do a hack job.
http://rfallenbrother.com/about.html
I have read some people posting derogatory remarks about Phil Ackland being an expert witness against exhaust cleaners. I am sure he has also been an expert witness for exhaust cleaners who have done what they are supposed to do and have documented deficiencies.
http://www.philackland.com/expert_testomony.htm Don't forget Phil Ackland also sells a manual which has a report form for deficiencies. Cost $120.00.
David is completly right about the AHJs fighting their turf wars. One building official told me his objection to the new NFPA 5000 building code was he did not want to learn a new code. NFPA charges a fee to join, then you have the chance to propose and to vote on new proposals. The fee is $135.00 per year. Phil and Doc are members of NFPA who sit on the 96 committee. They can help w/any changes or additions you feel are needed, including the actual proposals. They attended the last meeting and represented those of who paid our money. Ironically, they also represent those who have not joined.
http://www.nfpa.org/catalog/category.asp?category_name=Membership&src=catalog
The International Building Code organization is open only to building officials. In other words, those who sell, install, service or repair exhaust duct systems are not allowed to join. We can offer input, but you have to go through someone in there organization with your suggestion. At a recent ORFED meeting, a State of Oregon Fire Marshall representive did say if we had any changes we could send them to the State FM and they would send them to the ICC. A local building official has told me the same, if I would write up any changes, he would send them to the ICC for me. ICC does reference NFPA 12, 13, 16, 17 17A, but not 96. They do not include the year of the NFPA Standard. Compare NFPA 96 and Sections 506, 507, 508 and 509 of the ICC code, you will see major differences in the two codes As a result, their codes do not go into much detail about our industry, leaving a large gap in the safety of the resturant. The new ICC code, dated 2006 is due in March. The ICC has started the process for 2009 Codes.
So let's see, NFPA membership $135.00, Phil Book $118.95 = $253.95 to increase your professionalism and knowledge. That is the profit from what, one job? And you did not even have to travel out of town!
Douglas Hicks
General Fire Equipment Co of Eastern Oregon, Inc
NFPA Member since November 1991 # 123425