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NFPA 1: Notice of violations and penalties, #FireCodefridays

Blog Post created by kristinbigda Employee on Oct 14, 2016

The Authority Having Jurisdiction (AHJ) is the ultimate enforcing body and has full responsibility of determining if the Code is being applied correctly.  The Code is administered and enforce by the AHJ designated by the governing authority.  NFPA 1 might be enforced by different agencies in different jurisdictions. Depending on how the Code is adopted, enforcement responsibilities might be divided between state and local agencies or between different agencies at either the state or local level. If the enforcement responsibility is divided, each agency must be aware of the specific portions of NFPA 1 for

which it has enforcement responsibility and must understand the source from which it obtains its authority to enforce those portions.

 

 

 

Chapter 1 of NFPA 1 addresses the administrative and enforcement requirements of the Code. It covers the scope, purpose, and application of the Code. The authority and enforcement power given to the authority having jurisdiction (AHJ) are also covered. Included in the responsibilities of the AHJ are to determine violations of the Code and serve notice of the violations as well as determine the required penalty.

 

So what happens when a facility violates the applicable requirements from NFPA 1? Whenever the Authority Having Jurisdiction determines violations of this Code, a written notice must be issued to confirm the violations. Any order or notice of violation issued is required to be served upon the owner, operator, occupant, registered agent, or other person responsible for the condition or violation by one of the following means:

(1) Personal service

(2) Mail to last known address of the owner, operator, or registered agent

 

The mutilation, destruction, or removal of a posted order or violation notice without authorization by the AHJ is considered a separate violation of this Code and punishable by the penalties established by the AHJ.

 

Any person who fails to comply with the provisions of this Code, fails to carry out an order made as stated in the Code, or violates any condition attached to a permit, approval, or certificate is subject to the penalties established by the AHJ.  Per NFPA 1, 2015 edition, where the AHJ establishes a separate penalty schedule, violations of this Code are subject to a $250.00 penalty.

 

**New for the 2018 edition of NFPA 1 violations of this Code will be subject to a $100.00 penalty per day for each violation.**

 

Failure to comply with the time limits of an order or notice of violation issued by the AHJ will result in each day that the violation continues being regarded as a separate offense and will be subject to a separate penalty.

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