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 should alarm co install a non-compliant commercial fire alarm May 16, 2026 ************************** more on should alarm co install a non-compliant commercial fire alarm from article on April 17, 2026 ************************* Ken, Another point to consider here is the insurance company can be an AHJ, and in this example is probably acting in this function. Have the insurance company put in writing what they want. Code does allow for additional non-required coverage. If the fire marshal/jurisdiction does not require it then the insurance company can. However, then you would be dealing with who the AHJ is that would approve the install, and possibly if the fire marshal has any disagreement with the insurance company request, and if the insurance company request would now trigger additional work that would be needed from the fire marshal side. Jason Holmes Southwest Fire & Security, LLC *************************** Response *************************** Good point; there can be multiple AHJs on the same job. Authority Having Jurisdiction can mean anyone you are the subscriber needs to please [to put it in non-legal terms]. I confess that I always considered AHJ to mean the authority having legal jurisdiction, obviously a narrower definition than everyone who has a say. Insurance companies can have their own standards, more or less than what is required by code or code enforcement. Failure to comply with the insurance company could mean loss of the policy. Failure to comply with demands by your bank could mean loss of financing. Failing to comply with your lease terms could mean loss of the lease. There are probably other examples, but, failure to comply with the Fire Marshal or building inspector can mean no Certificate of Occupancy, in which event you won't need insurance, financing or a lease. Probably good to keep in mind that everyone is answerable to someone. One takeaway is your perhaps the first [and maybe only] party you are answerable to is your subscriber. Your "deal" should be carefully spelled out in your agreement for installation and whatever other services you are performing. Keep in mind that your subscriber can agree to engage your for whatever it wants to pay for as long as you're willing to work under those terms. So your subscriber can tell you not to provide protection for the upstairs or the back of house or not to install smoke detectors in all the bedrooms, etc. Your K&K Standard Form Agreement [in this case the Residential All in One] will protect you, at least from the subscriber. So when the AHJ, in this case the Fire Marshal [or could be the insurance company or a mortgage company] demands something else the subscriber will have to pay for it. If the subscriber doesn't want to pay for it then complete the job per your Schedule or Equipment and Services, document the impasse with the subscriber, and you're done. As far as the final inspection, which will not approve the installation, just try and get a detailed reason for the failure to pass so it will fall squarely on the subscriber. I think it more likely the subscriber will agree to the extra work, especially if you were smart, efficient and diligent enough to use a Disclaimer Notice where you spelled out the deficiencies in the system. That's the best way to be able to say to the subscriber, "I told you so". ************************ 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
