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QUESTION:  LIABILITY FOR NOT TESTING ON TAKE OVER
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Ken
    While looking at the fire alarm questions and your answers it brings up a fight that I have with my sales people, managers and techs from time to time.  As the company owner I demand that any and all devices on a fire alarm system are fully tested at time of take over.  The argument comes from "the prior company has done the annual test 2 months ago, why should we do it again".   I understand that there is liability but how bad is that liability if we do not verify the operation of all devices?   Also, what is the liability for not testing all devices on a burglar alarm system? 
John Barney
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ANSWER
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    When you take over a system you are responsible for that system.  You can't rely on an inspection done two months ago or even two days ago; especially if you didn't do the inspection.  If a loss occurs and there is alarm equipment failure you are going to be the target, not the outgoing alarm company.  How much exposure?  You tell me.  Did a kitchen cabinet burn or did the house burn down too?  Was it a single family house or a 100 unit apartment building?  How many people were injured or died?  All that risk because your new subscriber didn't want to pay you to test the system before take over?  If you consider the examples I used you'll readily agree that the one or three million in E&O you carry isn't going to be enough.  
    Will your alarm contract protect you?  Maybe.  Did you use the Disclaimer Notice along with the All in One?  The Disclaimer Notice has provisions dealing with take over.  Did you offer to inspect, test and service the system before taking it over?  Did you note deficiencies in the system that the subscriber opting not to repair?   
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COMMENT ON USING SMOKE DETECTORS ON TAKER OVERS FROM FEB 23,  2015 ARTICLE
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Ken
    With regard to TAKEOVERS and smoke detectors.     
Prior to any takeover of a fire system we require:
1    A full NFPA 72 TEST and INSPECTION of all equipment to include SENSITIVITY TESTING of           all   detectors, including circuits and end of line devices.
2-    Inspection and test of the integrity of every device in the system.
3-    Correct any deficiencies wether caused by deterioration  (Wear and Tear) or poor installation.
4-    Make sure we have a projected date for the next annual inspection due.
    Installing used equipment always begs the question of WHY IS THIS AVAILABLE FOR INSTALL?    Was it removed from a leased system? If so how old is it and will it meet NFPA 72 sensitivity test standards?   As you said if the contract with the customer calls for NEW or just replacement of parts. (Do you give a warranty with PRE-INSTALLED PARTS?) I'm not sure using old parts is practical.
    Just my thoughts from behind the curtain
Joel Kent
FBN
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COMMENT ON TURNING OFF SMOKE DETECTORS FOR SUBSCRIBER FROM FEB 23, 2015 ARTICLE
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Ken,
    Regarding "Allowing subscriber to turn off smoke detectors" 2/23/2015:
    We've also experienced similar situations at churches where they use incense on occasion. There is usually not much choice other than to provide some way to disable the smoke detection during smoke generating events. It's what the bypass button was invented to do. However, my comments below focus on night clubs.
    Our experience with smoke generators in night clubs has been that the acts are not usually part of the club's own operation and are typically transient bookings. The performers come in, set up their gear and nobody foresees the clash coming between their smoke and the fire alarm. The result is obvious.
    After that happens a couple of times, the daily operating managers become more alert to the possibilities and the rate of incidence will plummet, assuming good retention of experienced managers.
    That said, there will still be an occasional incident because the management can't always know there's going to be a smoke generated during some performance they've booked. Sometimes the performers, who are often young and naive, decide to try out new twists including the addition of smoke "as a cool bonus" while they develop their act. Pyrotechnics are another of the alarm company's favorite nightmares. Part of the problem is that performances are their lifeblood and they go on week after week throughout the year, so the potential for unwanted activations is constant. Also, certain seasons seem to inspire more frequent use of smoke.
    For clubs with outdoor venues where shows can use smoke with no problem, bad weather may drive the performance indoors, with guess what results....
    Another situation is that smoke generated indoors must be vented out early enough to allow the fire alarm to be restored to normal before closing up for the night. (This is a particular problem with older combination burglar and fire alarm panels.) Otherwise, I offer two scenarios: In scenario #1 they re-enable it and may end up with alarm activation. In scenario #2 the fire alarm remains bypassed overnight and also the burglar alarm may not set up.
    The panel design and the actual process of bypassing and later restoring detectors will have an impact. If it's not simple and easy, (and few of them truly are) then today's manager on duty will soon figure out how to kill the whole system by disconnecting the batteries and AC. After a few incidents and escalating fines, that will become their standard procedure. After you have called them on a few occasions to find out why the auto test is being missed, they will wise up and... Never mind, they'll still forget to power the panel back up in some future case.
    Managers can be inconsistent in their methods avoiding a fire dispatch. One manager might remove the affected smoke heads from their bases. (You'll get a few service requests when they can't get them back together properly.) Another might bag and tape the detectors. (If you undo the bags during the next inspection, expect a fire alarm during the next show that uses smoke.) Another might disable the horns and strobes and pull the RJ cords out. (We always found out about it the morning after, when a barrage of signals came in upon reconnection. A polling cellular transmitter powered by the panel is one suggested way to stay in the loop and get an earlier grip on this.)
    From a design perspective, I suggest favoring beam smoke detectors in order to minimize the number of individual detectors and zones that the club personnel may be tempted to get involved with. Assuming you have a decent panel there, be prepared to provide user support and to handle assorted trouble signals in the evening hours and by all means, compensate for that in your rates.
    My last comment is that supporting a system in an environment like this is not for the faint of heart.
    As a footnote, be on the lookout for "Cigar Night" in your club's advertised schedule.
Lou Arellano
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Ken
    Concerning the night club tenant that wants to disconnect his smokes; can someone show this person the video from the station night club fire?   Let's see if he still thinks disabling his fire system is a good idea.
ANON
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Ken
    With regard to turning off smoke detection for an event, one has to remember that the fire alarm system was designed and installed pursuant to applicable codes, Either NFPA 101 and NFPA 72 or International Building and International Fire code. Any deletion of equipment or permission to MODIFY the nature of the system in effect ALTERINGT THE DESIGN of the system would have to get approval from higher levels than the installer or installing company
    As such I would not have the nerve to even approach an AHJ the suggestion that an owner wanted PERMISSION to deactivate a part of a required system at will.
     If you recall the 20th anniversary of the STATION NIGHT CLUB FIRE  in Rhode Island  just passed.
    At the very least I can see an allowance by the AHJ that would REQUIRE the attendance of a member of the NYFD (((For a fee))) on fire watch during any time that smoke was used. (Unless there is an ordnance PROHIBITING THE USE OF SMOKE OR FOG in an occupied venue.
    More ramblings from my distorted view.
Joel Kent
FBN
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