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 ****************************** Fire alarm inspection reveals deficiencies that subscriber won't fix April 27, 2026 ************************** Fire alarm inspection reveals deficiencies that subscriber won't fix ************************** Ken We have a long-time commercial fire alarm customer who only calls when the system needs service. It's been over 5-years since we did the last inspection. We did the inspection and can see the building is lacking in proper fire alarm coverage. However, the AHJ approved and signed off on the building renovations completed some years ago. Should we try to get the customer to sign a discrepancy report for the lack of coverage in the building? When we presented our opinion and finding to the customer it made it clear that they will not be doing anything work unless it comes from the AHJ. name withheld ************************** Response ************************** You don't mention the specifics of your inspection, or explain the apparent five year gap in inspections, but I am assuming that your jurisdiction has a Fire Marshal or some other AHJ in charge of fire alarm compliance. I will also assume that, like in most jurisdictions, as I understand it, once a fire alarm has been approved it will remain approved until a change in the building requires new building permits; then it will have to meet the current code requirements. This, in a nutshell, is the reason fire alarm leases cement the subscriber to the fire alarm company until a new fire alarm is required, including new wiring. You likely prepare an Inspection Report that you provide to the subscriber and perhaps to the Fire Marshal or at least make available to the Fire Marshal. You can note on that report that the fire alarm does not meet current code requirements and explain why, adding that the subscriber does not want to authorize any "fix". A fix, by the way, would likely trigger the need for plans, specs, permit and approval. Unless the "official" inspection report form that you are required to use leaves no room for deficiencies not required to be fixed, you are correct to report them and include them in your report, though it will continue to fall on deaf ears at the Fire Marshal's office unless a statute requires an upgrade to an existing fire alarm. The subscriber is another matter. While a fire alarm doesn't meet current code requirements is an interesting fact, that alone will not establish liability in the event of a loss to property or people. However, an astute attorney will point out that the fire alarm would most likely have saved the loss, or the extent of the loss, had it been upgraded to current code. That of course may not be easy to prove and may not be the case, but once the subscriber is on notice that it's fire alarm has deficiencies, but no violation will be issued, does not insulate the subscriber from the duty to provide reasonable protection to those on the premises. An insurance carrier may not care what the AHJ approved and insist on its own standards, or yank the coverage. The insurance carrier being another AHJ that the subscriber has to deal with. I recommend giving the subscriber a Disclaimer Notice after the inspection where you would report the current code deficiencies and your recommendation, also noting that the subscriber did not approve the "fix". Ultimately you are not the fire alarm police, despite your frustration. ************************* STANDARD FORMS 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
