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Change in NJ residential Fire Regs - Word from the Fire Marshal
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Ken,
    Recently you asked about a posting regarding residential fire alarms in NJ that you thought may deserve a new topic.   I'd like to get the word out to our alarm companies that DCA Bulletin 08-1 has been withdrawn and replaced with adopted code language in the 2009 International Residential Code/NJ Section R-314 allowing low voltage fire alarm systems to serve as primary fire warning without the need for 110 Volt smoke alarms. The actual code language at R-314 can be found on line at;
 
http://www.ecodes.biz/ecodes_support/Free_Resources/NewJersey/2009/09NJ_Resi
dential/09NJResidential_main.html
 
Hope this clears up any confusion and that our NJ alarm companies are afforded the opportunity contained in our adopted regulations.
 
John Drucker, CET
Assistant Construction Official
Fire Protection Subcode Official
Fire / Building / Electrical Inspector
New Jersey
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fire alarm contract questions
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Ken,
    I've heard you say "just tell'em your lawyer says I have to have these signed", but this particular head of engineering at a hospital is going to expect more of an explanation. How do you suggest I accommodate him, justify these items?
    I would explain that the opening "no representation that the fire alarm meets code" paragraph is just a friendly reminder that the owner has ultimate responsibility to install/maintain a system to code. However, I would assure him that the fire alarm was installed to code. The fire marshal and the electrician signed off on its design, and completion. We did extra work to lower pull stations to ada height for example.
    Other issues I think will need explanation are:
 
7-Remove auto renew. Why sign a new one every year?
8-I'm never going to increase 9%. I can live without. I can raise slowly
over time.
12-I don't want to confirm that they are free to use any qualified
technician outside my company, because then somebody can mess up my system.
I can be blamed for stuff I didn't do.
16-Do we ever compromise here? Second existing customer this week to object
to item 16.
I can explain my price.
Thanks,
anon
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Response - sign up today for today's free webinar on the Fire All in One and the new Suppression All in One
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    One of the best features of the Commercial Fire All in One is that it clearly and unmistakably puts both alarm company and subscriber on notice that its the AHJ who dictates the system design, installation and operation of the fire alarm system.  It starts with plans and specifications that have to be filed with and approved by the AHJ.  In some jurisdictions it's not the alarm company who prepares the plans and specs, it's an architect or engineer, so why would the alarm co represent that it meets code. If you represent that system design or installation is to code be sure that it is. 
    You should not be explaining what the contract terms mean. Subscribers generally have one of two negative responses:  they don't understand or they don't like what they read.  If they don't understand you can suggest that they read it again or get assistance from whoever they would like to consult with, but not you.  If they don't like it, then you have the choice of making changes or insisting on the contract terms as presented; that's your option and you should be flexible depending on the size of the job, potential for profit, nature of the change and the additional risk, both in terms of economics of the job and the increased risk of exposure.  Not so simply to figure out, and that's why you may have to seek your own assistance - I'm a phone call away. 
    Some of the issues you mention above are not worth discussing.  You have to have automatic renewal or the contract will abruptly end.  At the very least it should remain month to month.  You don't need an accountant with a CPA too figure out if you can accept a one or two year term instead of the 10 year term that's in the printed form.
    You don't want the option to increase up to 9% per year.  Try digging a hole with a shovel, not a spoon.  You don't need to pay me to explain this one to you.  If you've agreed to no increases over your one year term, no problem.  The Standard Form is for 10 years and permits increases.  There is a reason for that.  I want you to make a profit.
    The Fire All in One does not permit a subscriber to use other technicians unless it wants to relieve you of any responsibility for their work.  You refer to paragraph 12.  That simply says the subscriber will test the system.      Paragraph 16 is the indemnity and waiver of subrogation clause.  Yes you can compromise.  Best if you check with me before making changes. 
 

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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.

                                                                          WEBINARS

Topic:  Analysis of the Commercial Fire All in One and the Fire Suppression All in One.   This will be a comprehensive review and comparison of the Fire Alarm and Fire Suppression contract forms.
 
When:   Thursday, February 27, 2014 at 12 noon to 1 PM EST.  This webinar will not be recorded
 
Register here: https://attendee.gotowebinar.com/register/8188883684086152194
 
Presenter:  Ken Kirschenbaum, Esq.
 
Who should attend:  alarm company owners, office managers and license compliance officers
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Speaking Engagements
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Sonitrol Verified Electronic Security.  Annual convention March 22, 2014 at The Worthington Renaissance Fort Worth Hotel in Fort Worth, Texas.
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Alabama Alarm Association.  AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205  contact Shelly  (205) 933-9000 for more info
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