Question:
Hello Ken,
We are doing a lot of work in the production home industry and a question
came to my mind I am hoping you can help me answer.
When we add a wireless smoke to supplement the electrical companies
supplied local smoke detector system how can we protect ourselves to show
this is only “spot protection”, does not comply with NFPA and is installed
to protect property only.
Thank you,
Dan
Expert Electronic
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Answer:
I've been considering this question for a few days. I am not a technical
expert and I don't know what NFPA has to say about added protection that
may not be installed to proper specifications. But, I suspect that it's not
a good idea, and most certainly if you do it at the behest of your
subscriber then the contract needs to have that information in it.
You should include a provision that the subscriber has requested certain
added equipment and acknowledges that it does not meet certain acceptable
standards, but it's all the subscriber can afford or wants to pay for.
Even this type of disclaimer however may not be enough, especially if your
installation does not meet industry standards, and you are in a well
regulated jurisdiction and its a fire alarm system.
We have covered topics like this before. When you install substandard
installations how do you contractually protect yourself? Many alarm
companies will simply say that they won't do it. Let the subscriber pay for
the proper system or walk away from it. I don't disagree with that, but I
have to deal with all kinds of clients who get themselves into all kinds of
trouble. Installing systems that do not comply with statutory regulations
or industry standards is asking for trouble, no matter what contract
language you have. And, if you don't have a contract and you do that kind
of work, then I hope you don't tell the subscriber your company name or how
to find you.
**********************
To answer Dan's question, you specify exactly what you are installing and
you articulate that the subscriber understands its limitations and non
compliance with NFPA and code. Just be sure that you are not under some
statutory duty to install something different. I don't think a doctor or
lawyer can knowingly give wrong advice and then insulate himself by getting
something signed that the client understood he was paying for wrong advice.
Now if the installation is proper and you are only adding additional
equipment then that should be expressed in your contract and clearly
acknowledged by the subscriber. You will still need to be concerned with
third parties on the premises that may have a right to rely on viable smoke
detectors that may not be to code; that's what E&O insurance is for.
Don't make a habit of installing non compliance systems
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comments on fire question
Ken,
There are certain situations in which the addition of a single smoke
detector or fire detection device is allowed. Note that I did NOT say it
was a good idea, just that it may be allowed.
NFPA 72 1.5.1 says that coverage may be more than the minimum called for by
the standards. So, consider a new construction house in which the
electrician has properly installed the AC powered smoke detectors. That is
all that is required in most places. So, if an additional monitored smoke
detector is added, it is a device that is over and above the basic
requirements and therefore is allowed. I would call to attention that all
the rest of the system must now also meet NFPA standards. These standards
include 24 hours of backup battery, a fire alarm signaling device (which is
a different device that a standard burglar siren), test signals, etc. Also,
all equipment must be UL or FM listed for fire. Also, in many areas, Texas
is one, the person doing the installing must have a valid fire technician’s
license, and the system must be planned and approved by a Residential Alarm
Superintendent. So, you see that you cannot merely stick a smoke detector
onto a regular burglar alarm panel and meet NFPA 72 requirements.
Ken, your point is well made about it not necessarily being a good idea to
do this. What if there were a fire, and one end of the house burned before
the smoke reached your smoke detector at the other end of the house? Would
you be able to prove at the trial (and there likely would be one) that you
had not only told the resident about the limitations of your installation,
but also could you prove that he fully understood what you told him and
that he agreed? There is, in my opinion, a huge liability issue looming
there.
Having said all that, isn’t it too bad that we have to worry about all
those things just so a person could have at least some monitored detection
for his house. Maybe at least some sort of warning is better than none?
Too, bad.
Good luck and be careful.
Gary Dawkins
CEO, Response Center USA
*****************
Ken,
When a customer’s home meets the minimum fire code in the area to which he
lives, then it is permissible to add “spot” detections such as smoke or
heat detectors. However, the installation of equipment shall meet the NFPA
72 in the installation of the equipment. Failure to meet the installation
code (NFPA 72) will certainly place the installing company at risk.
Deviation of the installation standard is not something the customer can
sign a waiver. He is not the expert and does not know the ramification of
improper installation. If he cannot afford to do it right, then I would
agree with Ken and say, don’t do it.
Shelton Mangum, Owner
Creative Security Systems, LLC
**********************
Dear Ken,
The NFPA code specifically allows ADDITIONAL detection devices. You are
allowed to ADD TO the "factory installed" smoke detectors with no problems
at all. You would be in trouble however if you were to replace the existing
"factory detectors" with your wireless system detectors for several
reasons, not the least of which being the loss of the "one sound all sound"
that is currently not available with wireless detectors.
Under NFPA-72 2-1.4.3 - Where nonrequired detection devices are installed
for a specific hazard, additional nonrequired detection devices shall not
be required to be installed through an entire room or building. The code
does also state however under 2- 1.4.2.4 that if such detectors are
installed, they "shall conform to the requirements of the code". In the
NFPA 72 code handbook, it specifies that since these detectors are placed
into service as ADDITIONAL detectors, they can not be used to determine
spacing of detectors, etc., as part of a "system" now, or at a later date.
Dave Watkins
*****************
Ken
Dont overlook Building Codes (International Code Modified for NY):
In NYS and in other states, NFPA does not come into play untill the
building code points to it. This is usually found in the body of the text
pointing to a reference standard in the back of the code book.
*The building code requires that all the smoke detectors be interconnected.
(R-317.1)
*The building code also requires that the smokes be powered by the
buildings power. (R-317.2)
In both cases NFPA 1999 is the "reference" book to be used in NYS..!!
*The building code also states that only one type of audible is allowed,
not multiple within premise. (Can't remember where I saw it.)
Mike
CSS
**********************
Ken,
I've had this question come up a couple of times during the various NTS
classes I've taught.
This comes from the answer I've worked out with the NTS administration
(this is strictly as it relates to NFPA72). "Supplemental" or "additional"
protection is allowed by NFPA 72. As long as there is a primary
code-compliant system installed in the house that has not been disabled,
altered or damaged by the installer of the additional protection, it is
unlikely that "additional" protection would get any company in trouble with
a code compliance officer referencing NFPA72 no matter how it was
configured - even if it involved a single detector that made no noise.
According to NFPA72 residential fire systems do not require central station
notification or a secondary power supply (batteries). Adding a communicator
is therefore "additional" protection. While I understand that this does not
relieve the company of civil obligations - we believe it means that fire
code is not a likely premise for prosecuting a case.
The problem as it relates to code is the question of weather the existing
system (the one not installed by the alarm company) is code compliant. If a
professional adds "additional" "spot" or "supplemental" (as defined in the
code) protection to a house that has an existing system they are affirming
that in their opinion the existing protection is code compliant. If there
are not enough detectors and sounding devices it is the professional fire
installer's mandate to notify the customer that this is the case. Also - in
the opinion of many professionals - if the existing system is not compliant
- "supplemental" or "additional" devices (as they are described in the
code) may not be installed because primary protection does not exist. In
short the company must install a complete code-compliant system in the
house if they wish to meet code and cannot claim that their device is
"additional" until this is accomplished.
Since this comes up as much as it does perhaps we could collaborate on an
article?
Andy
***********************
Ken,
While I agree that when a fire system is installed we should provide the
customer proper protection for their saftey. I always take to the customer
on the fire alarm issue as you have to remember interconnected smokes are
120v with battery backup (9v). System smokes are backed up by the panel
battery which must be able to provide enough power for 24 hours then 4 min
of ALARM>>key word. During an extended power fail those 9vs may fail
earlier than the system. Also NFPA 72 11.3.2 (1)states "The required
minimum number of smoke detection devices shall be satisified
(independently) through the installation of smoke alarms. The installation
of additional smoke alarms shall be permitted. The installation of
additional system-based smoke detectors including partial or complete
duplication of the smoke alarms satisifying the required minimum shall be
permitted." This shows and is explained in teh appendix as a reference that
you can add a system smoke to provide additional protection above the
minimum requirements. However 1 systems either system based smokes or
single-multi station must meet the minimum coverage. The other issue to
remember is that NFPA 72 11.1.4 states" The requirements of Chapter 4
through Chapter 9 shall not apply unless otherwise indicated."
Ben Dumbrowsky,SET
NICET Certified Level IV Fire Alarms 100472
Integrity Protection Systems
*****************
Ken,
When a customer’s home meets the minimum fire code in the area to which he
lives, then it is permissible to add “spot” detections such as smoke or
heat detectors. However, the installation of equipment shall meet the NFPA
72 in the installation of the equipment. Failure to meet the installation
code (NFPA 72) will certainly place the installing company at risk.
Deviation of the installation standard is not something the customer can
sign a waiver. He is not the expert and does not know the ramification of
improper installation. If he cannot afford to do it right, then I would
agree with Ken and say, don’t do it.
Shelton Mangum, Owner
Creative Security Systems, LLC
Montgomery, Alabama
**********************
Ken,
I use this form in addition to our contract no matter how much fire
detection we are installing with a Residential Intrusion system
RESIDENTIAL – FIRE ALARM EQUIPMENT
Many Communities require smoke alarms to be powered with 110 V AC or
battery power. These detectors comprise your primary fire alarm. These
detectors are to alert you if a fire should occur while you are in your
home. They are not designed to alert the fire department or our Central
Station.
Beacon Security, Inc. can install “system” type smoke and/or heat detectors
to detect fire. When activated, these detectors (“system” type) will
communicate a fire signal to our Central Station. Where the local fire
authorities will be alerted. The detectors BSI can install should not take
the place of your primary fire alarm. It is the sole responsibility of the
customer or subscriber to maintain the primary fire alarm as the local
codes may require.I understand that Beacon Security, Inc. can install a
fire alarm system, which meets National, State and Local fire codes at an
additional cost. I have elected not to accept this option.
I HAVE READ AND UNDERSTAND THE ABOVE: ______ Initial
Elizabeth Courtney
Vice President
Beacon Security, Inc
On the question of additional insureds and obtaining certificates, here is
a definitive comment:
Ken
I wanted to reply to this issue last week but the time escaped me, I use to
get the same answer from my insurance agent and I lost a lot of business! I
switched back to Alice Cornett Giacalone! It really matters who your agent
is, when I have contract language that a customer wants and it is a deal
breaker I send it directly to her, she sends it to underwriting and 99
percent of the time I get it back with underwritings written ok. I cannot
stress enough how easy Alice make it to do business!
Elizabeth Courtney
Vice President
Beacon Security, Inc.
*************************************
Hi Ken,
I just would like to inject a comment regarding interconnecting smokes for
a residential fire system. Alot of people are getting mixed up on this. We
must not get "hung up" on the term interconnecting. I have had alot of
inspectors saying to me that my system has to be "interconnecting". They
just don't seem to fully understand the codes on this until I show them
that the code states "The activation of any smoke detector in the structure
shall cause an alarm to sound such that it can be heard throughout the
structure." "The activation of one detector does not have to activate a
sounder in all detectors (in system type detectors) however, if one
detector is activated, the alarm must be clearly audible in all bedroom
areas over background noise levels with all intervening doors closed." (Per
NFPA 72)
Also, it goes on to say...."Interconnect type smoke detectors require
wiring such that if any one detector is activated, all detectors sound an
alarm."
As you can see, the only reason you even have interconnected detectors is
so you can hear the sound.
So you do not have to have interconnecting smokes. A system type fire alarm
is just fine.
Greg
Walworth County Security Alarms
Ken,
Something that has always bothered me about these residential
installations, is the implication that we as an alarm industry are the only
ones that need to follow the requirements of NFPA. Why is it that my
systems need to have 24 hours of standby power, with a reserve to operate
the alarm at the end, and an electrician can install 110vac detectors that
do not fulfill the same requirements? Obviously we are being held to a
different standard of enforcement. Fairs, fair... should we all be calling
the inspectors to the table on these (seemingly) different requirements,
and demanding that the electricians be held just as accountable? It would
only seem right that we are all playing by the same rules. I’m sure there
are NO electricians out there loosing a moments sleep over the points we
are arguing about here, and the liabilities involved.
Keep up the good work.
Thomas Doyle, President
FBN Systems, Inc.
Medina, Ohio