KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Technical requirements in fire protection inspections questions
April 23, 2026
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Technical requirements in fire protection inspections questions
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Ken,
    We bought your STANDARD INSPECTION AND PER CALL FIRE DETECTION EQUIPMENT SERVICE AGREEMENT at the ISC West show a few weeks ago. I had a few questions about it. 
    First, it says under smoke detector inspection that 
    “If Smoke Detector Inspection is specified under the Schedule of Inspections as a service to be provided, a minimum of two Semi-Annual Cleanings together with an Annual Calibration.” 
    It is my understanding that a sensitivity test is to be checked on a new installation within the first year and every alternate year thereafter. If it passes the second sensitivity check, you can suspend sensitivity testing for up to five years maximum. 
    Why are you saying every detector will be calibrated annually? Please keep in mind that on most addressable systems the sensitivity is monitored by the panel and “calibration” is not required. 
    The next question is about the wording for providing a minimum of two semi-annual cleanings and a calibration when the test requirement is annually per NPFA 72. NFPA 72 does require a “visual” inspection semi-annually but, the actual hands on test is annually. Your contract does not address visual inspections. The calibration on a standard two wire detector and most analog addressable detectors are set at the factory. We typically do not recalibrate detectors in the field. 
    Can the wording on this be changed without affecting the other parts of the contract? I believe the word calibration should be replaced with the words sensitivity test or assess sensitivity of detector head. Do you agree?
    Also, on the extinguisher part of the contract it states the extinguisher will receive a “weight test.” On your past fire protection contract it is stated extinguisher weight is assessed by “hefting.” Just curious why the language changed.  
    Anon Please
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Response
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    Legal provisions in the Kirschenbaum Contracts
TM are the work product of K&K attorneys [and that includes me] who spend considerable time researching case law and laws in all jurisdictions in order to keep the Standard Form Agreements compliant and customized state by state.  But what makes the Kirschenbaum Contracts TM even more valuable are the constant and continuous updates and advice offered by technical experts in the industry.  While the questions are presented by ANON, I happen to know he is Nicet IV, and I am certainly not going to question his advice on requirements and standards.  
    Its not even relevant if I agree with the suggested changes, it matters what this expert thinks and what others think. The wording in the Standard Form Agreements comes from dealers, I suppose presumed by me to know what they are talking about and requesting.  When it sounds important enough the Standard Form Agreements are changed to incorporate the better idea and suggestion.
     So the question is, do other experts agree that the wording needs changes, and specifically and what wording to you recommend?  
    This, by the way is good example why I recommend updating your contracts regularly.
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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