Richard:

Here is an excerpt from the exforklifts.com FAQ section that you may find useful regarding deciding authority.

7. Do I need an EX Forklift?
The Authority Having Jurisdiction determines if you are required to have an EX Forklift. As defined in the NFPA 505(2002) A.3.2.2: "The phrase 'authority having jurisdiction,' or its acronym AHJ, is used in NFPA documents in a broad manner, since jurisdictions and approval agencies vary, as do their responsibilities. Where public safety is primary, the authority having jurisdiction may be a federal, state, local or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance purposes, an insurance inspection department, rating bureau, or other insurance company representative may be the authority having jurisdiction. In many circumstances, the property owner or his or her designated agent assumes the role of the authority having jurisdiction; at government installations, the commanding officer or departmental official may be the authority having jurisdiction." Factors to consider in purchasing an EX Forklift are: NFPA and OSHA requirements, employee and facility safety, liability and corporate responsibility.