QUESTION:
Ken:
I have a question that just came up regarding installation methods and the
law. When installing security and other systems we in the trade usually are not
bothered by rules in the NEC (National Electrical Code), as most of it relates
to higher voltage (over 48 volts). The NEC is used by most jurisdictions as the
rule book for electrical installations.
We all know that fire alarms have their own set of standards and when
installing a UL system, standards also need be applied. However, I read a
magazine article yesterday concerning changes in the 2002 edition of the NEC
that relates specifically to alarm and CCTV type wiring.
Two changes apply to ALL wiring. Class 2 and 3 specifically as well as
article 725, Fire alarm and coax wire. First, all abandoned wiring MUST be
removed where accessible. This relates to the spread of fire. Second, wiring
above a suspended ceiling must be attached to structural members. That means no
draping across the tiles, tying to the black iron or hanger wires, etc. There
are other relevant changes also, but these two struck me. This is a major
headache and labor expense. I don't know anyone that removes old wiring when
running new.
My question is, what are the legal implications of doing things the same
old way, disregarding the new codes? Also how are these codes enforced, other
than a spot check by your insurance company? Ignorance of the law is not a
defense, so is there any way around this? I know it is best to obey all rules
and regulations. However, I can imagine the screams from the storeowner, when a
run of old twist is pulled away, along with part of their last three paint
jobs.
Sincerely,
Mitch Cohen
Security Consultant, Project Engineer
Edwards and Zuck PC
mitchc@optonline.com
mcohen@edzuck.com
=============================
ANSWER:
Your question involves contract and tort law. The relationship between
alarm company and subscriber starts with the contract. It defines the duties
and responsibilities, the scope of service. When the contract requires the
installation of a fire alarm system, or CCTV, or any equipment, the alarm
company is obliged to perform the contractual services in a proper [non
negligent] manner.
Most equipment or system installations do not have detailed
specifications. When that is the case it is all the more important to depend
upon and adhere to industry standards, if there are any.
Where there is a specific law in place that governs the installation
then the failure to comply with that law will be deemed a departure from
reasonable, careful and proper installation; in other words, negligence. While
the failure to comply may not be conclusive proof of negligence, it just about
reaches that level. So if you are not complying with the law regarding the
installation you will need to have a very good explanation to avoid liability
in the event the installation is called into question as the cause of a loss.
You described the NEC as the electrical code, and that would be industry
standard. If adopted by law as the standard then it obviously acquires
additional authority; it must now be followed whether you agree with it or not
or face the penalty the statute adopting it imposes for non compliance. That,
in addition, to facing a claim for negligence if the equipment is alleged to
have caused or failed to prevent or lessen the subscriber's loss.
Ken, There are many reference to the NEC of which alarm installers must be
aware. Let me cite a few that are referenced in the National Burglar and Fire
Alarm Association's course, "Certified Alarm Technician, Level 1". "NFPA-70,
the National Electrical Code, governs all wiring, not just fire alarm wiring.
The National Electrical Code Article 725 specifically governs burglar alarm,
control circuit, acces control, intercom, some computer netowrk systems, and
sound systems wirning. Any wiring in a commercial or residential building must
be done according to code." "You must maintain the integrity of fire rated:
walls, floors, partitions and ceilings. Use a fire rated listed sealer."
Reference NFPA-70-300-21. Use approved wiring methods and approved cable in
Plenum air spaces. Ref. NFPA-70-300-22. "If wiring might become damaged,
physical protection or conduit is required. ... NFPA 70 Art. 725-18 & UL 681
"Protect wiring with 7 feet of the floor." Ref: NFPA 70 Art. 760-52(b)(2) ['96]
Fasten exposed wiring at least every 18". Ref. NFPA 70-760-48 (b)-1 The
distance between the closest edge of a bored hole in a stud during a prewire
and the closest edge of the wood member must be more than 1-1/4", else a
protective plate is required. Wiring located above a floor/ceiling or
roof/ceiling assembly shall not be secured to, or supported by, the ceiling
assembly, including the ceiling support wires. An independent means of secure
support shall be provided. Nec 300-11(a); 725-7; 760-8; & 800-6. Class 1, Class
2, Class 3, Fire Alarm and Communication circuits shall be installed in a neat
and workmanlike manner. NEC 725-7, 760-8 & 800-6 (ie, To do messy work is
against the NEC! ) There are many, many other considerations and codes that
must be followed. These have been in place for years, and yes, there will
always be changes. People may want to either take this course or send some of
their empoyees if they did not know of any of the above. Schedules can be found
at alarm.org>NTS Class Schedule> Certified Alarm Technician Level 1. The more
we learn, the more professional we will become, and the more unlikely we are to
accidentially not follow a code. Gary Dawkins
========================
Mitch
I am not sure which part of the country you are from but I can only assume that
you are located in an area that electrical inspections and permiting on low
voltage applications are not a requirement by your local jurisdictions. The
NEC is the national code and is to be adhered to in all jurisdictions. The
problem lies in the enforcement or should I say the lack of enforcement in many
jurisdictions. There are alot of areas in the NEC that pertain to all low
voltage installations and are not limited to just fire or CCTV. If a company
runs a wire, regardless of use, there is an area in the NEC that covers it. We,
in South Florida, are under heavy permitting and electrical inspection
requirements. We have a rough inspection on our wiring and then a final
inspection on our trim. This is for both residential and commercial and is on
all low voltage applications from central vacs to phones to alarms to stereo to
satelite dishes etc. The NEC is the inspectors bible, as you know, and the
violations are red tagged for correction. If the contractor continues to do bad
work a complaint can be made against his license to the State. The one section
in the NEC that the inspector can always fall back on is "all work shall be
performed in a workmanship like manner". This gives him or her the ability to
fail an inspection for sloppy work even if it meets the NEC code. Wireless
systems even come under inspection requirements because nothing is totally
wireless. There are power requirements and telephone connections. The other
large part of the NEC is that all electrical devices "shall be listed for their
intended use". If nothing else the electrical inspection departments want to
make sure that "approved" components are being used. Ken answered the legal
aspect. I thought you might want to here from an area that faces it every day.
Bob Worthy
President
Secur Technologies, Inc.