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 ********************** Do you face liability for installing a non-code fire alarm May 26, 2023 *************************** Do you face liability for installing a non-code fire alarm *************************** Much has been made of the issue of alarm company’s liability for installing a non-code fire alarm. In the first instance this is a legal question but it is fraught with factual issues. What do the facts have to do with the liability exposure for the alarm company if there is no dispute that the fire alarm does not meet code? The legal obligation to install and maintain in good operation a fire alarm is generally imposed by law on the property owner. It’s the property owner who needs a Certificate of Occupancy to occupy the building. A Certificate of Occupancy isn’t going to be issued by the AHJ, in this case the Building Department [who may require the fire department to sign off on the fire alarm system] unless the building meets all building code requirements, including the fire alarm. So the property owner surely faces consequences it construction begins without a permit and if the property is occupied without a Certificate of Occupancy. But what about the fire alarm installer? In many if not most jurisdictions there is a specific license requirement to install fire alarms, especially commercial fire alarms. The AHJ is usually the Fire Marshal. Installing a fire alarm without a fire alarm license is likely illegal, a crime of some degree. If the fire alarm installer is licensed then the AHJ has an additional enforcement club; the AHJ can seek fines, suspension or revocation of the fire alarm license. So a fire alarm installer might be issued a criminal summons for working without a permit and the entire construction project can be shut down if there isn’t a permit issued. We are not discussing the consequences of a fire alarm installer filing plans and getting a permit and then intentionally installing a fire alarm that fails adhere to the plans and deceives the AHJ into approving the installing. The liability both criminal and civil should be evident. Mistakes however would result in possible civil liability if there is a loss and negligence can be established, but not likely criminal consequences for a mistake and is not intentional or hidden after the fact. How does the contract between the owner and the fire alarm company affect the criminal or civil liability? The Fire All in One which is designed for commercial fire alarm installation and service does address non-code installation. It puts the onus on the owner to specifically request, insist, on a particular installation that is not to code despite glaring recommendations by the fire alarm company to the contrary. It also requires the owner to indemnify the fire alarm company for any damages. That, however, is going to be a very effective remedy if the alarm company is facing criminal charges and loss of license. Clearly it’s not good practice to install non-code compliant unpermitted commercial fire alarms, no matter what the contract says. The Fire All in One has the provision only because too many alarm companies will contract for and install non-compliant fire alarms, for whatever reason, though customer budget is almost always the culprit. As for an alarm company that doesn’t know the difference, a phrase that comes to mind [thanks to my buddy Bart], stay in your wheel-house; your lane; don’t install fire alarms at all if you’re not licensed and don’t know code because it’s not on your Dick Tracy watch. Civil consequences will depend on the loss and the damages. If you are a licensed fire alarm company and you install contrary to code requirements you will be exposed to damages of all sorts. Damage for an undetected fire is easy to understand. But be mindful of causing construction delays if the AHJ shuts down the job, or if a Certificate of Occupancy is delayed or revoked. The cost of a fire watch could be significant if the Fire Marshal even permits the building to remain open pending the installation of a proper fire alarm pursuant to approved plans. Non fire alarms are a different matter. These systems won’t involve code requirements, will be governed by the contract with the customer and your liability will be for your failure to perform or your negligent performance; just keep in mind that does include design of the system since you’re the security professional. The Commercial All in One and the Disclaimer Notice should be used for non-fire systems. ************************ STANDARD FORM AGREEMENTS: 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 www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* 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 / 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. ************************** 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
