KEN KIRSCHENBAUM, ESQ
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Comment on panic button as fire pull station
May 26, 2021
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Comment on panic button as fire pull station from article on May 18, 2021
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Ken,
The below is from the Texas Fire Marshal and may be useful to understanding the issue. A burg company in Texas may install a fire "panic button" but it must be monitored by a registered fire alarm company.
Please make this
Anon
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Fire Marshal’s Notice December 2013
State Fire Marshal Reminder Related to Remote Monitoring of Fire Button Enabled Burglar Alarm Systems
It has come to the attention of the State Fire Marshal's Office that some security systems with enabled fire panic buttons may not be monitored in accordance with adopted standards; in that the systems may not be set up to transmit the required test signal at least monthly. This may be due, in part, to misunderstandings related to the licensing exemption afforded to certain security companies in the Texas Insurance Code.
The following is offered as clarification and as a reminder of the importance to remain in complete compliance with all provisions, rules, regulations and/or statutes enacted to regulate the planning, certifying, leasing, selling, servicing, installing, monitoring, and maintaining of fire detection and fire alarm devices and systems in Texas.
Licensing Exemption The licensing provisions related to engaging in the fire alarm business do not apply to an individual or organization licensed to install or service burglar alarms under Chapter 1702, Occupations Code, that provides and installs in a single-family or two-family residence a combination keypad that includes a panic button to initiate a fire alarm signal if the fire alarm signal: (A) is monitored by a registered fire alarm firm; and (B) is not initiated by a fire or smoke detection device. Texas Insurance Code Sec. 6002.155.(11) This section exempts a security company installing this type system from being licensed for fire alarm, but does not exempt the installation and monitoring from being provided in accordance with adopted standards.
Remote Monitoring / Test Signals NFPA 72 (National Fire Alarm Code) specifies the performance requirements for remote monitoring of alarm signals from household systems. Included in this, is the requirement that each alarm transmitter shall automatically initiate and complete a test signal transmission sequence at least monthly. NFPA 72 (2007) - 11.7.8 & 8.6.3.2.1.5 (6)
In setting up these accounts, the supervising station must ensure that adopted standards are followed and the automatic test signals are enabled. Failure to receive a test signal is treated as a trouble signal and the station operator must initiate action appropriate to the type of service being provided (central station, remote station). The subscriber and/or the installing firm cannot waive these requirements. FMLicensing@tdi.texas,gov (e-mail) http://www.tdi.texas.gov/fire/fmli.html
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Response
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This is from Texas Fire Marshal and it’s from 2013. If you’re not in Texas you can’t rely on this Opinion.
The original question, as I recall, was whether the panic button could serve as a fire alarm pull station. A panic button is not design for that purpose and may not be programmed to send sufficient test signals. The panic button certainly should not be added to a fire alarm that is permitted and approved by the AHJ. I suppose you could use it for non-regulated fire alarms. It won’t raise a liability issue unless the button is pressed in a fire condition and it doesn’t work or is not identifiable as a fire alarm pull station signal, especially if somehow [and I don’t know if it could] cause a fire alarm signal not to transmit or be properly interpreted. Then the claim will be that the panic button should not have been installed in the first place.
Use the Fire All in One for commercial fire and the Residential All in One for burg and fire in a residence. These contracts will not only provide be best contractual protection available but will guide you for design and installation by calling for code and AHJ approval or making it clear that the subscriber is not requesting compliance.
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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
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