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BURGLAR ALARM SUPERVISING A FIRE SPRINKLER SYSTEM
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Ken,
    It has come to my attention that I am monitoring a Vista 128 burglar panel that is supervising a fire sprinkler system. It has no secondary dialer. The pervious 2 monitoring companies were large national companies. I started monitoring it before I started using your All in One agreement.  Would you recommend I have the company sign your Fire All in One upgrade or should I cancel the account if they don't want to upgrade?
Thanks
Ross 
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RESPONSE
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    From your statement I guess you can't use a Vista 128 burg panel with a fire sprinkler system, especially when there is no second dialer [by which I think you mean communication line].  You are contracted to perform the monitoring.  Your best argument is that you didn't install the system and merely took over the monitoring.  It shouldn't take you long to explain that to the Fire Marshal, Fire Department, District Attorney, your insurance broker, your insurer's claims representative and the assigned defense counsel - well that may take some time.  Might depend on how much property damage your subscriber suffered, adjoining property owners suffered, and how many bodies they find once the fire cools down.  
    So now, what do you think the answer to your inquiry might be?  You should have ascertained this defective and potentially dangerous installation when you first took over the alarm system.  What should you do now?

  • Notify the subscriber that the system is deficient and non-compliant with law, giving the subscriber the opportunity to upgrade the system.
  • If the subscriber doesn't want to upgrade the system notify the AHJ that the system needs inspection because it's deficient.  Maybe that will get the subscriber to update it.
  • Now the hard part.  You need to get the Fire All in One signed, and if the subscriber doesn't want to sign then terminate service unless you've locked yourself in with another contract, then try and get out of it.  You will need to put into the contract that the system is deficient legally and the subscriber fully indemnifies you for any loss.  That is already in the printed form, but make sure the subscriber sees it.
  • If the subscriber is not substantial and carrying insurance naming you as an additional insured, terminate service, and even if it has insurance and the indemnity is worth something, my prudent advice is to terminate.  No reason to do business with a subscriber who knowlingly is willing to violate fire laws.

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BURG SYSTEM WITH SMOKES ADDED WITH AHJ VERBAL BLESSING
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Ken,
    We have a commerical customer asking us to install a burglar alarm system with smoke detectors included. The AHJ told us he is OK with it but won’t put it in writing. Do we have an issue or I guess the word should be liability if I have them sign the Commercial All in One contract?
Chuck
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RESPONSE
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    That doesn't sound good.  You sure you heard the AHJ right and not just what you wanted to hear?  The Commercial All in One is for all security systems, cameras and access control, but not fire.  For fire you use the Fire All in One, and one of the provisions in that form clearly states that systems are not to code unless specified.  A smoke detector does not make a commercial fire alarm system.  
    You can do the installation however.  You use the Commercial All in One and state in the Schedule of Equipment and Services that you are installing smoke detectors, but you are not installing a fire alarm system and that you recommend that the subcriber install a fire alarm system.  If the subscriber objects to that language then don't install the smoke detectors.
    You cannot and should not rely on verbal communication from the AHJ that the AHJ is not willing to put in writing.  Stick to the code no matter what the AHJ says, unless you get it in writing.
     More questions on our standard forms, call our Contract Administrator Eileen Wagda at (516) 747-6700 x 312 and she will be able to assist you.