comments on Other or competing AHJ requirements July 7, 2026

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comments on Other or competing AHJ requirements
July 7,  2026
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comments on Other or competing AHJ requirements from article on June 5, 2026
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Ken
   If/when this happens, we explain to the customer they are the taxpayer and they will have to decide if this battle is one they want to fight. We can only install what is approved during the permit process. We don’t make the rules but must follow AHJ/FM recommendations if it does not violate the code. It can be a tight rope at times.
Jason A
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another comments
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Ken
   Isn’t that the whole point “if the customer wants to pay for it”
Mike S
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Ken
   Some clarification please on “they are not enforcing that locally” therefore I am not doing anything.
   My understanding is if the AHJ is in error relative to a ruling as to what is to be installed in a facility, or what operational or inspection or operational standards are to be followed. the responsibility still falls on the building owner to comply the building code and corresponding NFPA standards. AHJs cannot usually be liable legally, is that not correct? Building owners and professionals in the industry can be held legally accountable.
   Do not the current codes, NFPA standards, and any state laws passed in addition these standards, other than obvious legitimate grandfathered facilities; complying is on the building owner. They cannot hide behind “the local AHJ is not enforcing that” curtain. Is this a correct understanding?
   We often seen building owners and operators using the above as the reason they are not repairing, inspecting, etc. systems, “the local AHJ is not making me, therefore I am not doing anything”.
   Thank you.
Ted Leventhal, President
Marktek Inc

Response
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   One issue raised was do you have to, or should you, comply with codes or laboratory guidelines even if the local Fire Marshal and no other government AHJ cares about or enforces laws for fire alarms.
   The short answer, as the alarm company owner found out, is that there are laws and the Fire Marshal expects compliance. But Ted raises another issue, and that issue is the question of your liability if you do or don't comply with laws, guidelines or AHJ instructions. This is an entirely different issue than problems your subscriber may face if it fails to comply with fire alarm code requirements and can't get a Certificate of Occupancy or is required to close the building unless Fire Watch is provided or a working, monitored, to code fire alarm.
   Summons issued by Fire Marshal or building inspectors can be issued to you if caught working without a permit, and to the building owner for occupying the building before a CO (temporary or permanent) has been issued. The issue of liability, at least in the tort sense, has nothing to do with compliance with contract terms (plans and specifications) or code violations. Why?
   Because for you to be liable in tort (your negligence) the mistake you made still has to be the reason the loss occurred, partially or entirely. An example would be, you don't protect the East Wing of the building, maybe by mistake or intentionally. The building suffers a fire and has extensive damage. But the fire is traced to a source in the West Wing where you did nothing wrong; just turns out that despite your alarm going off, signal transmitted and central station dispatching, the building nevertheless suffered damage. Or, maybe you like this one better. You are monitoring the sprinkler system; two systems in the building, East and West wings. Your code violations are in the East wing and the sprinkler discharge is in the West wing and its a deluge system that floods the building in minutes before anything could possibly be done about it. Your errors, intentional or not, in the East wing had nothing to do with the loss in the West wing.
   In legal parlance, your negligence was not the proximate cause of the damage; it had thing to do with the damages.
   The way this plays out if a matter goes to trial is that your clearly established mistakes in the building, though admittedly having nothing to do with the loss, creates a taint on your skills and services, so if the reason for the loss is not really known (which is many times the case in an alarm system failure case), no matter what instructions the Judge may give the jury, or think about himself, they won't be able to help but think the alarm company is a screw up operation and must have done something wrong that caused the loss; sort of an unavoidable presumption of negligence which they should not be making, but very well might.
   Bottom line, breaking a law doesn't make you liable for negligence per se, it still has to contribute to the loss.

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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