Other or competing AHJ requirements June 5, 2026

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
************
Other or competing AHJ requirements
June 5, 2026

Other or competing AHJ requirements

Ken,
   Thank you for this forum and for your fire-all-in-one agreement of which I am a happy customer! (I sleep better knowing I have your legal tools in place)
   As far as additional requirements by the insurance carrier, as Jason Holmes correctly stated, additional non-required protection is permitted by code. If the IC AHJ wants to add heats to the attic, that is fine. But all additions will be then submitted to the FM for approval. There shouldn’t be an anticipated conflict. Additional protection is always allowed (if the customers pay for it).
   I happen to be right now in the submittal process for a small business fire alarm that I know the FM will add smoke detectors in the hallways. Now, this particular GC may read the code doesn’t require this additional coverage, and the customer may want to submit the plans without them, but if the FM wants them, the FM simply doesn’t approve our installation permit. And then the FM doesn’t issue the CO. Simple as that.
   We do not install unpermitted systems.
   The customer can refuse to add and pay for Insurance Carrier adds, but then they won’t have coverage through that carrier.
   Let’s not presume that the insurance AHJ would require LESS coverage than the FM AHJ. Nobody does that successfully. Each of the four AHJs (IC, FM, building occupant & building owner) can have additional coverage requirements, but in all cases those adds must go through the filter of, as you accurately stated, “the legal AHJ” of the Fire Marshal.
   Would it be too bold to state that the Fire system integrator can flex some AHJ muscles? Suppose you, as a company owner, require all of the fire alarm systems that you install to have an exterior horn/strobe. You have some Authority over the Jurisdiction of your fire alarm designs, don’t you? I believe that if you added an extra horn/strobe to the outside, the FM would likely approve.
   If the Building Occupant wants CO detectors in the trash compactor bay where they occasionally have a running garbage truck, then they are flexing their “occupant” authority having jurisdiction (AHJ) over the health and safety of their employees, and requiring that the fire system vendor make CO detectors a part of their approved plan. That’s ok. But it all goes through the final authority of the FM who wields the permit power.
   Side note: In an Expert Witness case I was retained on a few years back, my strong opinion that the Fire Marshal didn’t have the authority to require LESS COVERAGE than the adopted code was challenged in court. I can’t say the opposing attorney convinced me or the court of that position, but it caused me to reconsider my stance somewhat. Some would say the FM has ultimate authority. Even to permit systems that don’t meet the adopted NFPA or IFC. Doesn’t the FM “grandfather” some systems? Therefore can the FM permit other, non-compliant systems? What say you?
   My point here is that there can be many AHJs. But the FM holds the trump card.
Lloyd Young, LPI, APS
Licensed Professional Investigator
Alarm Planning Superintendent
Expert Witness
713-899-3922
SECURAC, Incorporated
www.securac.com
855-SECURAC
LloydYoung@securac.com

Response

   The Fire Marshal holds the Certificate of Occupancy card, and can impose fines that the law will enforce, so in that sense the Fire Marshal sits on top of the totem pole. But that is not the end of the issue by a long shot. While the Fire Marshal reigns supreme over issues within his control, the other AHJs control their issues. For example, your insurance company will simply not write the insurance if you don't comply with its risk assessment report, and those issues can have nothing to do with the Fire Marshal, at least these items are not required by the Fire Marshal.
   A landlord or mortgage holder can impose any standards they want; if you agree to the standards then its up to you to comply.
   It starts to shape up fairly simple. you need to comply with every AHJs requirements and you have to hope that one AHJ doesn't object to what another AHJ insists on. That brings up to how this works out in the real world. There will be minimum standards imposed by all AHJs and you need to comply. No AHJ is going to object to a higher standard imposed by another AHJ. I suppose it's possible. How? Well for some reason best known to the demanding AHJ, it wants particular equipment and another AHJ won't approve it; neither is willing to budge and you're between a rock and hard place. I don't know if this actually happens or has happened to you, but it's possible. The bottom line will be that you can probably find another insurance company, maybe a new landlord or mortgage lender, but you can't get a new Fire Marshal [once you exhaust all efforts to convince him to change his mind].
*
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