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 
**********************

Fire Alarm regs changes after contract signed 

April 13, 2023
**************************
Fire Alarm regs changes after contract signed
**************************
Ken
          We contracted to install an approved fire alarm system including an ARC System.  We subcontracted the ARC system to another company for design and filing and paid 50% of their charges up front.  Then NYC FD changed the requirements for the ARC System because the building isn’t 150 feet high.  Our subcontractor has disappeared, no doubt because most of its business no longer needs their services.  We can’t get our money back.  Now what?
Anon
*****************************
Response
*****************************
          In what is likely a rare occasion NYC FD has reduced requirements rather than increasing them.  The change in rule was in October 2022 and it’s below.  One change in criteria for the ARC system reduced the need for an ARC System from 75 feet in height to 150 feet in height. 
          “Background: An Auxiliary Radio Communication System (ARCS or “ARC System”) is a wireless two-way building communication system consisting of a transceiver (base station) connected to a building-wide antenna system, with a radio console in the building lobby. It is designed to receive and transmit Fire Department portable radio communications within the building, thereby facilitating firefighting operations and promoting firefighter safety. The portable radios carried by Fire Department firefighters are limited in terms of the distance that they can transmit within a building, depending on the building’s construction. ARC Systems allow on-scene communications throughout the building.”
          “The Bureau of Operations has empirically determined that current Fire Department portable radios are adequate in many buildings greater than 75 feet in height without the enhancement of any ARC System.”
          Because of improvements in communication technology the need for the ARC System was reduced.
          This change in rules came after the customer signed the Fire All in One and after the alarm company engaged the subcontractor to design and file for the ARC System.  Unfortunately there is no written subcontract; it’s a PO and a few emails. 
          The Fire All in One spec’ed out the ARC System because it was code when the contract was negotiated and executed.  The Fire All in One does address change in installation requirements, change in code or AHJ requirements imposed after plans have been approved.  The Fire All in One contemplates change that increases the price of the job, requiring the Subscriber to pick up the tab.  There is nothing that reduces the price. 
          The Fire All in One covers the approved [or unapproved] fire alarm, Area of Refuge two-way communication system and In-Building Wireless Communications Systems for Emergency Responders, the ARC System.        
          If the alarm company, subscriber and ARC subcontractor had no reason to suspect the change in ARC System requirements when the Fire All in One was executed, and original plans approved, and the subcontractor engaged, it’s a tough call where the chips fall.  More than likely it’s the Subscriber who will have to pay for the ARC System expenses to date but the silver lining will be that the ARC System can be eliminated from the installation, thereby presumably saving the Subscriber money on the installation. 
          I’m not sure how often something like this comes up and I’d like to hear about instances where code or AHJ requirements have resulted in less regulation, less cost to install the fire alarm system.
      Here is the NYC rule change for ARC Systems:
Bureau of Fire Prevention Bulletin # 2022-01 Issued by: Thomas Currao, Chief of Fire Prevention Issuance Date: October 17, 2022 Effective Date: Immediately Related Code Sections: 2014 NYC Building Code Section 907.2.13.2 and 2022 NYC Building Code Section 916.3 Purpose: This document clarifies NYC Fire Department’s criteria to determine when the installation an Auxiliary Radio Communication System (ARCS) is not required. I. Background An Auxiliary Radio Communication System (ARCS or “ARC System”) is a wireless two-way building communication system consisting of a transceiver (base station) connected to a building-wide antenna system, with a radio console in the building lobby. It is designed to receive and transmit Fire Department portable radio communications within the building, thereby facilitating firefighting operations and promoting firefighter safety. The portable radios carried by Fire Department firefighters are limited in terms of the distance that they can transmit within a building, depending on the building’s construction. ARC Systems allow on-scene communications throughout the building. II. Purpose Generally, all buildings greater than 75 feet in height irrespective of occupancy are required to install an ARC System since the adoption of the 2014 NYC Building Code (BC). The 2014 NYC Building Code provision that requires installation of ARC Systems in high-rise buildings (BC907.2.13.2) and 2022 NYC Building Code (BC916.3) contains the following exception: “Where it is determined by the Fire Department that a radio communication system is not required.” The Bureau of Operations has empirically determined that current Fire Department portable radios are adequate in many buildings greater than 75 feet in height without the enhancement of any ARC System. Accordingly, as per the exception set forth in 2014 BC907.2.13.2 and 2022 BC916.3), the Fire Department is exempting existing and new buildings that meet the parameters set forth in this bulletin from the Building Code requirement to install an ARC System. Bureau of Fire Prevention Bulletin # 2022-01 Page 2 of 2 III. New and Existing Buildings New and existing buildings that are required to install an ARC System as required by 2014 NYC BC907.2.13.2 and 2022 NYC BC916.3 are exempt from installing an ARCS if they meet all of the following conditions: a. The occupancy of the building is a Group R-1, R-2 or B. b. The height of the highest roof surface is less than or equal to 150 feet (45.72 meters) above the lowest level of Fire Department vehicle access. c. The building has no more than one story below grade. d. The building does not exceed a total area of 250,000 square feet (23,225.8 m2 ). IV. Existing Buildings that exceed parameters set forth in Section III A waiver from the requirement to install an ARC System may be issued by the Fire Department for any existing building that satisfies the parameters set forth in Section III of this bulletin, provided the following criteria and procedures are also met: a. A final Certificate of Occupancy from NYC Department of Buildings has been issued. b. A Letter of Approval for the building’s fire alarm system has been issued. c. A commissioning test report prepared by an ARC System Professional who holds a Fire Department Company Certificate and Certificate of Fitness as set forth in Fire Department rule 3 RCNY §511-01(f)(2) and this bulletin shall be submitted through the FDNY Business Portal as a Fire Alarm Variance application (TM-4 Form). d. The ARC System Professional shall comply with following procedures to conduct the commissioning test: • The 2 Watt Channel of the FDNY-programmed portable radios shall be used to communicate with all areas of the building; • Portable radio transmissions shall be made from the lobby location at which the ARC System radio console would have been installed pursuant to Building Code requirements; • Only Delivered Audio Quality (DAQ) measurements need to be taken and reported; • Provide an affidavit certifying the commissioning test results. e. The testing conducted by the ARC System Professional shall be witnessed by a Licensed Professional Engineer. f. The Licensed Professional Engineer shall submit a report memorializing the findings of the ARC System Professional and the basis for requesting a waiver from the requirement to install an ARC System in the subject building. g. If the commissioning report is satisfactory, the Fire Department’s Bureau of Operations will conduct a DAQ acceptance test in accordance with 3 RCNY 511-01(d)(3)(D) to verify that the Fire Department can satisfactorily operate its portable radios within the building without an ARC System. A letter granting the waiver will be issued upon satisfactory completion of the acceptance test.

****************************
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