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 white list ken@kirschenbaumesq.com ******************************* Can you cancel contract / Maintenance of fire alarm September 7, 2019 ********************** Can you cancel contract ******************** Ken, I know you’ve answered this question before but I am just double checking. I have two fire alarm accounts in one building. They have a demolition permit but no one seems to know when the demo will actually start. In the meantime they are continuously putting both fire alarms on test. I want to take them off line. All I need to do is send a certified letter to the business owner and fire marshal correct? I am giving them 10 days to find another alarm company. Thanks for your help sharon ******************* Response ******************** You don’t need to waste money on certified mail. Regular mail, fax, even email will do. But not so fast; what makes you think you can cancel this contract? What exactly has this subscriber done? It has right to put system on test. It’s a fire alarm system so you know what responsibility you have to restore the system or notify the AHJ. You don’t mention that the subscriber is not paying, or sending excessive signals, or sending false alarms. Your effort to terminate may be treated as your breach. In that case the subscriber could replace you and seek damages if the replacement alarm company charges more than you do. ******************** Maintenance of fire alarm ******************** Ken Regarding the subscriber who didn’t want to pay for service of the fire alarm system or maintenance of fire protection systems, the 2015 International Fire Code, NY Version (The current adopted code in NYS, excepting NYC)requires that fire alarm systems be maintained. An email or letter to the local fire Code Official, while not required, might motivate your subscriber to have the system maintained (which includes visual inspections and functional tests which are defined in NFPA-72 Chapter 14 Joseph ************************ Response ************************ Commercial property owners and end uses are required to have working fire alarm systems in most jurisdictions, especially for new construction. I believe NFPA 72 does use the term “maintenance” of fire alarms. That obligation falls on the owner, not the alarm company. The Commercial Fire All in One does not use the word maintenance. None of the All in One agreements use the term maintenance. That’s because I don’t know any alarm companies that provide maintenance. Most alarm companies provide “service on request”. Inspection is not maintenance. Service on request is not maintenance. I am not sure why you mention that notifying the AHJ isn’t required. My understanding is that you must notify the AHJ if you are terminating fire alarm monitoring. Maybe not in jurisdictions. ********************** To order up to date Standard Form Alarm / Security / Fire and related forms, click here:www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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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
