KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Adding Emergency Lighting to Fire Alarm
October 23, 2026
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Private meetings at ISC EAST
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To arrange a private meeting with K&K and staff at ISC East on November 4 or 5 please contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. We are planning half hour appointments between 10:30 and 3:30 on November 4 and 5. If you think you need more time let us know. We look forward to seeing you at ISC; meetings will be outside the hall at the food court area.
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IT’S PARTY TIME - SAVE THE DATES - Two parties
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The annual K&K party in New York will be on December 1, 2026 in Old Westbury, NY.
This year we are also starting what we hope will become tradition, a holiday party in Boca Raton, Florida, which will be on December 10, 2026.
To RSVP for either party notify Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com, or Stacy Spector, Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. RSVP only if coming and let us know if you will be bringing someone with you.
Be sure to RSVP asap so we can plan, and a gate pass will be sent for the Florida party. Parties will be 6:30 to 9:30 pm, casual dress. Hope to see all of you at one or both parties.
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Adding Emergency Lighting to Fire Alarm
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Ken,
We currently use your 2026 Fire Alarm agreement. A school we currently have under contract wants us to add the emergency lights and exit signs to our scope of work, to include the annual testing with the Fire Marshal. This can mean we have to shut off the main power for the building, typically by having the facility shut off all sensitive and electronic equipment in advance, turn off what ever they can to lessen the load on the switch or main breakers before shutting off the entire building to start the test.
Other than listing the emergency lights and annual lighting test under the scope of work, is there anything else we need to add to the agreement?
Jeff
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Response
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You are already using the Kirschenbaum Fire Alarm Agreement, so you do not need to reinvent protections that are already in the agreement. The agreement addresses Emergency Lighting inspections, limits that service to inspection rather than installation, repair or electrical work, places responsibility for utilities and other licensed trades on the subscriber, and contains the indemnity, exculpatory, insurance and limitation-of-liability provisions. The issue is making sure this additional work is properly brought within the agreement and accurately described.
Because the school is already under contract, use the K&K Supplemental Agreement [provided with the Fire Alarm agreement at no additoinal charge] to add the Emergency Lighting and exit-sign services, the price and the testing obligations. If this were part of the initial transaction and the Fire Alarm Agreement had not yet been signed, the equipment and services would instead be identified in the Schedule of Equipment and Services. Do not handle the expanded scope with an informal email or work order that may not clearly incorporate the Fire Alarm Agreement’s protective provisions.
Next determine why the work is being requested. Is the Emergency Lighting and exit-sign work being required by the AHJ or Fire Marshal? If so, determine whether it must be included in filed plans and specifications, whether revised plans or permits are required, and who is responsible for preparing and filing them. The testing requirements, frequency, procedure and required attendance of the Fire Marshal or other AHJ representative should be identified in the Supplemental Agreement or, for a new contract, in the Schedule of Equipment and Services.
Also separate inspection and testing from installation, repair and electrical work. The Fire Alarm Agreement expressly states that Emergency Lighting inspection does not include installation, repair or electrical work. If adding, replacing, wiring or servicing the lights or exit signs constitutes electrical work, and the alarm company is not licensed to perform it, a properly licensed electrician must be engaged. The electrician can be contracted separately by the subscriber or retained as the alarm company’s subcontractor, provided the alarm company is permitted to subcontract that work and the arrangement complies with applicable licensing law.
Finally, if the annual test requires the building’s main power to be shut down, coordinate that procedure with the school, the Fire Marshal and the licensed electrician. The agreement already places responsibility for shutting off utility service on the subscriber and requires the subscriber to engage an independent licensed professional. The Supplemental Agreement should nevertheless describe the test, require the school to shut down and protect sensitive equipment, notify occupants and other affected parties, provide access, and designate the person authorized to approve the shutdown and restoration of power. The Kirschenbaum agreement supplies the contractual protection; the Supplemental Agreement supplies the job-specific details. Use both correctly. If in doubt call Ken Kirschenbaum for assistance, an included service for Concierge Clients, a program you should join today.
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STANDARD FORMS Alarm / Security / Fire and related Agreements. click here: www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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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
www.KirschenbaumEsq.com
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