Ken Kirschenbaum,Esq
Kirschenbaum & K

KEN KIRSCHENBAUM, ESQ
KIRSCHENBAUM & KIRSCHENBAUM PC
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on competing AHJ requirements

August 15, 2026
comment on competing AHJ requirements from article on July 20, 2026

Ken:

My thoughts regarding Ted Leventhal, President Marktekinc Inc and his non-compliant customer who does not want to get into code……….

I have cc’d my insurance broker to see if he will give an opinion, knowing he is not an Attorney, what occurs when SHTF and the building BURNS and PEOPLE ARE INJURED OR DIE (*or, to get more interesting, an auto accident by 1st responders who smash into a car with 3-children in it as they are responding to a ‘false alarm’ due to a non-compliant fire system that constantly triggers) since that is when the fingers are pointing everywhere and the legal representatives are coming out of the woodwork..........

The building owner then feigns ignorance (I did not know about a thing called a FIRE CODE I was supposed to follow) and everyone gets lawsuit papers.

*I wonder how much per hour Jeffrey Zwirn charges or an attorney charges per hour to defend – and then finds out work done not per code? WILL MY INSURANCE CARRIER STILL STAND BEHIND ME??????????

Much cheaper to have everything done per code..........

*That is of course in a perfect world!

**Had customer that refused to go radio when it was accidentally discovered he was on one phone line ( someone had jumper’d it so the dual phone lines appears to be working properly) after a certified letter I contacted the Fire Marshal who paid a visit and POOF! He got into compliance – I lost the account as he was upset, but, $49.00 / month was not worth risking my company for someone who did not want to be in compliance!

Respectfully,

Joseph (Joe) Pfefer, President & Founder
Jade Alarm Co.

Response

Fire All in One, which is the contract you should be using, makes it clear that the system should be to code. An owner who doesn't want a to code system should state that in the Disclaimer Notice.

You should follow code, plans and specs, manufacturer installation instructions and, ultimately the Fire Marshal or other AHJ official who you need to sign off on the job. Fire Marshals deviating from code should do so in writing. Install it right, per your contract and filed plans and specs, and wait for an Inspection Report telling you to do something else.

You need to be concerned with potential liability; do it right the first time.

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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