Webinar announcements will start in few days / comment on Holding fire alarm inspection report until paid March 1, 2025
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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 ****************************** Webinar announcements will start in few days / comment on Holding fire alarm inspection report until paid March 1, 2025 *********************** WEBINARS - to be presented before ISC As I write this article we are still arranging the Webinar schedule but I plan to be able to start publicizing the webinars in next day or so. ********************* Holding fire alarm inspection report until paid from article on February 10, 2025 ********************** Ken, Regarding holding fire alarm inspection report until paid, because of the duty to report inspection reports in a timely manner (especially in the event of a substantial deficiency identified during the inspection process), it may be prudent and reasonable to require payment in advance for the Test & Inspection service. The Code requires deficiencies to be identified and reported in a timely manner. This eliminates the issue of whether the service provider may withhold providing the test results until payment for the service is received. If the service isn't pre-paid, the service isn't rendered; and it would be the system owner, not the service provider, that is out-of-compliance. Just my opinion. Andy Wilson (retired) Fireworks, LLC ********************** Response ********************** I think your position is correct. Getting paid in advance, before doing the inspection, is exactly what the Fire All in One requires, and it certainly solves the dilemma of whether you can withhold the report. There are a number of considerations you need to juggle. As a licensed professional, which would apply in probably every jurisdiction, you may be expected, if not required by law, to report your findings to the AHJ, typically the fire department or fire marshal. As Andy points out, you don't want to withhold a report that finds deficiencies that present a clear and present danger. But you may be able to comply with the AHJ and yet put your customer, who hasn't paid you, in a jam. You could report only the deficiencies and let the AHJ know you are withhold the report, other than reporting dangerous conditions requiring immediate action by the AHJ. You may have an obligation to actually do the inspection whether paid or not. You need to check with your AHJ. AHJ requirements, expectations, level of supervision and level of support vary greatly jurisdiction to jurisdiction. While some AHJs are all over the fire alarm systems and companies installing and servicing them, other fire alarm clients report that they have no interaction at all with any AHJ; they doubt there is one in their jurisdiction. So good repour with the AHJ is a good idea. You also have contractual obligations with your customer and therefore better be right that you have at least the contractual right to withhold the report. You need to let the customer know you're not doing the inspection or not filing the report, and that you are notifying the AHJ of what you are and aren't doing. Some AHJs are so active and aggressive you can count on them to whip your customer into shape and get you paid before making you perform your service. So let's summarize the best practice: Get paid in advance or if not and you want to withhold an inspection or report let the AHJ know, and if you do the inspection report at least the deficiencies to the AHJ and customer. Then what if you still don't get paid? Turn the matter over to K&K's collection department. ******************* 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
