what and who is an AHJ / FINAL invitation to present webinar in the All You Want to Know About series March 4, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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what and who is an AHJ  / FINAL invitation to present webinar in the All You Want to Know About series March 4, 2017
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Next webinar - on licensing March 9, 2017
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Note on Webinars.  Our All You Need To Know About webinar series has been well received and well attended.  Thanks to those who have presented and we're looking forward to the scheduled webinars.  If you would like to present a webinar please let me know asap so we can schedule.  Your topic?  Fill in the blank"  All you need to know about ______ [alarm industry issue of course].
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what and who is an AHJ
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Ken
    Your response to my comments regarding providing a "Certificate of Insurance" to a subscriber for its insurance company did not show an understanding about how things could (should) work. Any AHJ (authority having jurisdiction) can have on line access to UL's data base of certificates. An AHJ can be a fire department, police department and/or insurance underwriter, etc. This is true for commercial, both fire and burglary, and residential systems. For lack of support, the residential certificate program never got traction. If someone indicates they want an insurance discount for an alarm system, all the insurance underwriter would have to do is go look on line and verify that a system was "Certificated." It's actually easier than having one printed out. 
    UL has a certificate service program. 
    I was on an NFPA Technical committee for over 25 years. Insurance companies were represented on the committees. An insurance company can (and do) ask the insured to have certain types of protection in order to provide insurance. In this instance, the insurance company has authority and jurisdiction. It is an AHJ. 
    Below is a definition (I'm sure not the only one) that may clarify your comment.
Authority Having Jurisdiction (AHJ).
    A.3.2.2 Authority Having Jurisdiction (AHJ). 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 AHJ 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 AHJ. In many circumstances, the property owner or his or her designated agent assumes the role of the AHJ; at government installations, the commanding officer or departmental official may be the AHJ.
Richard Kleinman, President
AFA Protective Systems, Inc.
Syosset, NY 
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Response
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    I use the term AHJ to mean a governmental agency with authority.  I think the term becomes diluted with meaning once you extend it to others, as the NFPA definition in the second paragraph suggests.  I don't see how a property owner can be the AHJ.  For a residential contract is the husband or the wife or both the AHJ?  On a commercial job will the alarm company recognize the subscriber as the AHJ?  How about the architect, property manager or construction manager?  Why should an alarm company recognize the subscriber's insurance company as the AHJ?  The insurance company is a private business in contract with the subscriber, not the alarm company.  Insurance companies, with their "risk managers" and guidelines do not supersede governmental codes and "real" AHJ authority.  Do you think the Fire Marshall really cares what the insurance company wants?  Even less what the architect, property manager or owner thinks or wants. 
    Like most wording in a contract you can define words, especially if you are using words that are not well defined in common usage.  
    So to clear this issue up, the Standard Form Agreements use the term AHJ to mean governmental agencies that have authority by virtue of law which trumps the contract provisions.
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WEBINARS:  Sign up for any or all of the webinars that interest you.

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FREE Webinar Series "All You Need To Know About" alarm industry issues. 
Register for one or all.  Each presentation scheduled for half hour to hour.  Not recorded.
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Title: All You Need To Know About Alarm Licensing and Contracts for DIY 
When: March 9, 2017 noon EST
Where: Your computer for power point, live video and call in on computer or phone
What will be covered: General discussion about licensing in the alarm industry for DYI. Different types of licenses, where you need them and how you get them. How and when to use License Holders or Qualifiers for your business and how to become a license holder for a company. Risks involved in not being licensed. Contract you will need for nationwide DIY monitoring agreements.
Who should attend: Alarm company owners, general managers, compliance managers and license holders.
Presented by: Ken Kirschenbaum, Esq.
Register here:   https://attendee.gotowebinar.com/register/2585168820901654273
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THE ALARM EXCHANGE

Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com
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