more on Other or competing AHJ requirements July 20, 2026

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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more on Other or competing AHJ requirements
July 20, 2026

more on Other or competing AHJ requirements from July 7, 2026 article

Ken:
   I may not have stated my question clearly. If the local AHJ is not enforcing the state code through IBC and consequently NFPA standards that were in place when the building was original built; that does not free the building owner from liability if an incident occurs; is that not correct? Specifically, a facility has faults in the fire alarm, the owner refuses to take the steps to correct the issue. The logic used by the owner, the local AHJ is not requiring me to do anything.
   Thank you.
Ted Leventhal, President
Marktekinc Inc
tedl@marktekinc.com
215 750 6466 x 1001
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Response
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   The AHJ’s failure to enforce the code does not relieve the building owner of liability. The AHJ can decide what it wants to enforce, or not enforce, but that has nothing to do with the owner’s independent duty to maintain a reasonably safe premises. The owner is responsible for the condition of the building, period.
   If the fire alarm system is impaired, defective, or not functioning as required by the code in effect at the time of construction, the owner is on notice. Once on notice, the owner has an obligation to correct the condition. Choosing not to act because “the AHJ isn’t making me” is not a defense. It’s an admission.
   If there is a fire, injury, or death, the plaintiff’s attorney will not be suing the AHJ. They will be suing the owner — and they will point directly to the known defect and the owner’s refusal to fix it. The owner’s reliance on the AHJ’s silence is not going to help them. It will hurt them.
   Your responsibility as the alarm company is to document the deficiency, notify the owner, and recommend correction. If the owner refuses, you document the refusal. You do not assume liability for their decision.
   Ted’s question raises an issue that comes up constantly: building owners who think they’re off the hook because the AHJ isn’t breathing down their neck. Let’s be clear. The AHJ’s failure to enforce the code is not a shield. It’s not immunity. It’s not even a good excuse.
   Owners have an independent obligation to maintain a safe premises. That obligation doesn’t disappear because the AHJ is understaffed, uninterested, or simply not paying attention. When an owner knows the fire alarm system is impaired and chooses not to fix it, they’re making a conscious decision to accept risk — and that decision will be Exhibit A in the lawsuit after the fire.
   Alarm companies need to stop letting owners hide behind the AHJ. Your job is to identify the deficiency, notify the owner, and document the refusal. Once you’ve done that, you’ve protected yourself. The owner has not protected themselves. The plaintiff’s attorney will not care that “the AHJ didn’t require it.” They will care that the owner knew the system was faulty and did nothing.
   The AHJ’s silence is not a defense. It’s a problem. And it becomes the owner’s problem the moment something goes wrong.
   Your best practice is to use the Fire All in One; it lays out your responsibilities and the owner's responsibilities. Fire alarm claims are serious, as all life safety claims are, but can involve staggering amounts of money, more than you can or do carry in E&O coverage.
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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