Ken,
We have a client that has over the years had several fire alarms installed(by others) that do not meet the State’s, NFPA or the local AHJrequirements. Because we do their security work they have asked us tomonitor these systems at our central station, and although we have stronglyurged them to comply, they continue to ignore the advice and dodge thelocal AHJ on this subject. Do we have any liability because we monitorthem? we have not installed any of their fire equipment, we have howeverprovided service and inspections from time to time on a time and materialbasis.
John M.
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Answer:
You most certainly have potential liability because you have servicedthe system. You may also have liability if your local governmental lawsimpose requirements on you, such as New York City Fire Departmentregulations. You may have a statutory duty to report the subscriber to thefire department or building code enforcement agency. You also don't mention whether you are using contracts for your variousactivities. You should be using a monitoring contract. You should also beusing the Fire Inspection Contract. As far as your advising or warning thesubscriber about the fire alarm deficiencies, you should have had thesubscriber sign a Disclaimer Notice, which you should have writtenadditional language to cover this particular installation. Keep in mind that a fire loss could be serious and those who sufferdamages will be looking for every pocket they can find.