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 ****************************** more on alarm tech testing sprinkler August 28, 2026 ********************* more on alarm tech testing sprinkler from article on August 18, 2026 ********************* Ken There are several aspects to this, sme of which are: Code, Contract, intent of code, what the subscriber/customer understands and expects. The code does not always spell out exactly what you should be doing, leaving for interpretation. The contract may say something that sounds the same however is different, like test the flow switch, allowing for it to be activated by finger or something similar. NOT a true test of the device. The device may not actually work but you said it worked. A case in point, we have had several vane type flow switches where the vane deformed, actual waterflow did not activate it. Intent of the code, I believe in our case, the intent of the code is to perform a true full function test. The subscriber / customer is not fully knowledgeable about all the inner workings and testing procedures, that is why they contract us, and expect all will be done to the fullest extent, no jumping out, no operating devices by hand or finger, etc. The contract may be written without clear detail, leaving for assumptions. And, even if they do realize and verbally agree to something different, in court will say they didn't or did not understand. I testified as an expert for the City in a criminal case against a landlord, the charges were poorly written, the defense attorney could have presented his defense better by showing his client hired a professional sprinkler company to perform monthly inspections and corrected deficiencies found. The sprinkler company was suppose to inspect the roof water tank and the system all the way down to the basement, the representative for the sprinkler company testified that they did not usually do that, they kept the inspection card in the ground floor store because they usually did not have access and would just sign the card and move on. The City's attorney did not do his homework and by the time we were brought in to review, comment, and testify it was too late to add the sprinkler company as a defendant or to get a conviction against the landlord. Jeff Acme ************************* Response ************************* Thanks for the advice and experience. ************************** 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
