who is ultimately the authority to classify a location

[jgolightly]

recently KyOSH came into our business and shut us down because of combustible dust and stated we are a div. 2 class 2 location. For the past two months the Fire Marshal inspected our location and said we are not. My question, who has the authority to make this classification?

 

[bphgravity]

Re: who is ultimately the authority to classify a location

Any organization, department, or even a single individual that has regulation over your business and operation will be an AHJ. And as you have come to find out, they will not always agree or interpret things the same way.

Obviously, you are under the scope of OSHA, the Fire Marshall, and perhaps your insuracne provider. I would guess all these entities could enforce a classification of your shop.

 

[rbalex]

Re: who is ultimately the authority to classify a location

Bryan's response is correct. Read the definition of Authority Having Jurisdiction and its FPN. Essentially it is a legal rather than technical issue. I would get your insurer's read too.

Having said that, your Fire Marshall is most likely correct. There seems to be a trend, unnecessarily classifying or over-classifying locations; especially Class II.