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 ****************************** Comment on pool alert alarm and door chime February 4, 2023 ************************* Comment on pool alert alarm and door chime from article on January 27, 2023 ************************* Ken Door Bell Chimes do in fact meet the requirements for new yuck state if they are set up correctly. Once the door opens the chime or alarm has to keep sounding until the homeowner turns it off. Along with the chime we also kick a siren. I don't remember if there is a DB requirement but with the way we do it I don’t think it matters. Mike CSS *************************** Ken There is a feature in the alarm systems we use that allows you to program zones as "Day Zones" which will annunciate through keypad beeping until someone actually resets it at the keypad. I wonder if this would comply. Best Regards, Isaac Hayden Dynamic Security Professionals, Inc ************************** Response ************************** Code interpretation and enforcement is well beyond the scope of my expertise. However I do believe that the UL provision requires a minimum 30 second sound, chime or something else, and that the sound be distinctive. To me that means it shouldn’t sound like any other sound notification employed by the alarm system. It’s likely universal throughout the United States that building codes require that a pool [typically of depth of 18 inches or more] be enclosed by a fence of at least 4 feet high with self-closing doors [not sure of locking mechanism]. There are devices that float in the pool and activate when there is water disturbance. I don’t think these are code required and they don’t satisfy the fence requirement. It’s not uncommon for pools to be accessible from the house with no fence between the house and pool. Building codes permit this but require the Pool Alert Alarm on all means of access to the pool. I don’t know if this would include all windows on the first floor and above but it most certainly includes all doors with access to the pool area. Using a beeping that will continue until turned off implies that it will sound for more than 30 seconds and therefore I think it will comply. The beeping however must be a distinct beep and not the same beep that sounds warning that the delay alarm has been tripped or any other signal. It’s not enough to say you have a door chime; it has to be programmed to comply with the 30 second and distinct sound rule. What happens when it doesn’t? First of all, there is no good reason you should find out by getting sued. Even a building code violation that your customer complains to you about won’t be pleasant. If you’re selling and installing a Pool Alert Alarm you should be complying with building codes, in other words, the law. This is akin to fire alarm, certainly commercial but also residential structures that require smoke and CO detectors by code. If you’re installing these devices you need to be complying with the law and if your customer refuses to authorize or pay for the proper device then your choice is the 1) refuse to install something that is less than what’s required or 2) make it very clear in the contract and the Disclaimer Notice that there is no Pool Alert Alarm [or any other device required by law]. By the way, option 1 is the better choice. By the way, the proper contract for the Pool Alert Alarm is the Residential All in One [or Commercial All in One if a commercial customer] You should be thinking about what responsibility you have to the customer and perhaps others on the property if there is an injury or death in the pool when there was no proper alarm. Remote as the scenario might be there are many pool injuries and some of them may have been prevented by a Pool Alert Alarm. Your million dollar E&O coverage isn’t going to be enough if you have a claim like this, and that should be something you think about. *************************** STANDARD FORM AGREEMENTS: To order up to date Standard Form 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 www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* 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 / 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. ************************** 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
