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Question - fire alarm in mixed use building

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Ken,

    I have a fire alarm question.

    We have a new costumer that rents the 2nd floor of a building that has a fire alarm installed in the basement level of their building in Brooklyn which is rented to doctors' offices, and the upper 3 floors don't have any current fire protection.

    The building does have a CO, but I haven't seen any letter of approval for the fire alarm system. I did see that the reason that the basement has the alarm only is that it was originally built in 2003 as a apartment building with offices in the basement. It now has offices in the whole building. It's possible it does have a letter of approval but I couldn't find it. 

    The Health Department inspected the 2nd floor only, for the tenant that resides there alone (My customer). The DOH wants pull stations and horn strobes installed on that floor. 

    The customer wants us to install the pull stations and strobes on the second floor and add it to the basement system. ( they don't want to put money into someone else's building, especially since they only rent the 2nd floor.)  We explained that if they go for inspection they will have to bring the whole building up to code. 

    They want to know if we can install the devices on the second floor, only what the DOH wants. and not call for inspection. 

    Is there any issue with us doing that? Any Liability issues? If so, is there anyway to do the job and allay any potential problems?  Who is responsible to have the building up to code, the installer or the building owner, or tenant ( Each floor has a different tenant)? I know in NY it's the building owner, but can we be held responsible if something happens?

    What's your advise?

CD

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Answer

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    Good question.  You should be concerned about doing this job.  Others are more familial with the NYC fire code regulations, and hopefully they will give us their advice.  Here's mine.

    This is apparently a mixed use building in NYC, which a like a lot of other places, strictly dictates its fire alarm installation rules.  Because the building has a commercial tenant in the basement and 3 floors of residential apartments,     I am fairly certain it will require a code compliant fire alarm system; permitted, inspected and approved by NYC FD.  The existing fire alarm may be grandfathered in, but once you make any changes or additions to the existing fire alarm system, as the Dept of Health is now requiring, you are going to have to comply with NYC FD regulations - only a code compliant fire alarm system will be permitted.

    The Standard Commercial Fire Alarm All in One deals with the situation you are presented with.  It states that the subscriber is either going to install a code compliant fire alarm or assume the risk of loss.  Your contract should make it crystal clear that your subscriber does not want you to comply with NYC FD rules; a code compliant fire alarm system is not being installed.  

    Making sure fire alarm permits are obtained and code compliant fire alarm systems installed is the property owners responsibility.  It's the property owner who is going to be fined.  The FD will issue violations which the building owner will have to face.  

    Adding devices to the basement fire alarm is not going to be code compliant.  If the fire department finds out about the alteration of this fire alarm system it will issue violations against the property owner.  

In NYC only central stations approved by the NYC FD are permitted to monitor alarms systems.  Last time I checked there were 12 central stations approved.  A fire alarm system is assigned a "terminal number" by the FD which helps the FD locate the subscriber.  Without an approved fire alarm the central station will not be able to get a terminal number.  If you're using an approved central station it may refuse to monitor a subscriber in NYC who it knows should have an approved fire alarm system, but doesn't for whatever reason.   

    I think your exposure is too great a risk for this job.  Tell the subscriber it has to install per AHJ [in this case NYC FD] rules and approval, or pass on this job.  Just imagine a fire, people injured or killed in a fire.  Your system didn't function as the subscriber expected it to.  Here come the lawsuits and it's going to be very damaging when it's discovered that your fire alarm system was not to code and should have been.

 

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Webinars

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September 25, 2013  12 noon EST  Register here:  https://attendee.gotowebinar.com/register/5051153472513626370

    Title:  Introducing AlarmBiller - the all inclusive customer management portal for security organizations

     Presented by:  Michael Marks, co founder, SedonaOffice   440.247.5602 Ext. 201 Cell   440.804.4517; michael@sedonaoffice.com  www.sedonaoffice.com

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October 2, 2013  12 noon EST  Register here:  https://attendee.gotowebinar.com/register/4971762135701038336

 Title:  Detecting and preventing workplace fraud and embezzlement

 Presented by:  Judge Ruth Kraft, Chair, Labor and Employment Department, Kirschenbaum & Kirschenbaum, PC.

 Description:  The webinar will discuss classic employee embezzlement and fraud scenarios, applicable to all businesses, how to anticipate the problem, understand patterns of behavior by employees who are committing fraud, and self-audit against these eventualities.

 Who should attend:  Attendees should be business owners-obviously not their staffers!

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December 4, 2013  12 noon EST  Register here: https://attendee.gotowebinar.com/register/4919260455763006721

     Title:  What a Security Alarm company needs to know before attempting Commercial Fire Alarm Installations

      Presented by:  Bob Williams, President, and JR McCotter, Chief of Technical Services,   Briscoe Protective Systems Inc  www.briscoeprotective.com.  A fire alarm company servicing NYC and Long Island

      Description:  Many security guys install residential Smoke detectors and think it qualifies them to install Commercial Fire Alarms.  This webinar will address the special considerations fire alarm companies face.  NFPA; NICET; Licensing; AHJ; new installations and take overs

      Who should attend:  Alarm company owners and fire techs.