KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Dating fire alarm inspection reports December 19, 2022 *************************** Dating fire alarm inspection reports ************************** Ken One of our inspectors went to a facility in July, performed the monthly inspection and ran the fire pumps. Prior to leaving for the facility the blank inspection forms were not ready but to stay in compliance he did the inspection, initialed and dated the onsite tags and forms. In November he reviewed the loose-leaf binder with all the monthly forms and realized the July forms were missing and request that we reprint blank forms for July. We did; he completed them, signed and dated with the November date. The following day he submitted them to the facilities director to be countersigned and put in the book. An hour later I received a text with a picture of the form with a comment, what is wrong with this? I called and he said that the form needed to be signed and dated July not November. He feels the State Inspectors will not accept a November date on a July form. Is there anything wrong with back signing the paperwork if the inspection was done? Thank you Jeff ********************** Response ********************* Some of the fire alarm experts may disagree, but I think the correct date on the Inspection Report is the date of the inspection, not the date it’s filled out and signed. To be fair, I haven’t seen the “official” report form and I don’t know that the forms are uniform throughout the country. The report should clearly state when the inspection was performed and date is the operative date, not when the form itself is signed. An inspection report could be filled out and not signed by mistake. There would be little point in the form having three dates, date of inspection, date form filled out and date form signed. Unfortunately trying to reason out legal issues doesn’t often or usually work. If the law is clear then it needs to be complied with. But if there is no specific requirement addressing this issue I think my advice is sound. Here’s what you can’t do: You can’t do the inspection in December and back date it to July. When filling out the form the date you should use is the date of the inspection. I don’t think it necessary [unless required by law] that the date the form is signed is also to be provided. One thing I am sure of is that you should not be doing any fire alarm inspection [or repairs or monitoring] with a properly executed Fire All in One; you need the protection in that contract from claims. ********************** To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
