Fire Alarms - What is alarm company responsibility if subscriber changes electrical system - June 11, 2012

Fire Alarms - What is alarm company responsibility if subscriber

changes electrical system 

June 11, 2012

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Question
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Dear Ken,
    HERE IS THE QUESTION… EXISTING JOBS, PRIOR TO THE 2011 NFPA NEC 70 CODE, HOUSEHOLD FIRE ALARM SYSTEMS MAY HAVE BEEN PLUGGED INTO OUTLETS / RECEPTACLES PROTECTED BY A CONVENTIONAL CIRCUIT BREAKER. THE 2011 NEC REQUIRES ALMOST ALL OUTLETS TO HAVE AFCI OR GFCI.   WHAT IS THE ALARM COMPANY’S RESPONSIBILITY / LIABILITY IF THE CUSTOMER “UPGRADES” “MODERNIZES” THEIR ELECTRICAL SYSTEM DURING A RENOVATION AND DOESN’T TELL THE ALARM COMPANY THAT THE CIRCUIT BREAKERS HAVE BEEN CHANGED TO AFCI?

An issue has come up concerning Arc Fault Circuit Interrupter (AFCI) devices used in dwelling units (AKA residential or household) fire alarm systems and/or burglar alarm systems. (Not Smoke Alarms!)

(This is NOT meant to be a technical discussion and not all of the applicable codes are presented here. Nor should this discussion be interpreted as being a valid code interpretation or instruction)

According to the NFPA 70, NEC, 2011 edition branch circuits supplying almost all outlets (exceptions being bathrooms, kitchens, unfinished basements, other areas, which may be protected by Ground Fault Circuit Interrupter (GFCI) devices) need to be protected by AFCI devices.

According to NFPA 70,  NEC, 2011 edition article 760, NFPA 72 Fire Alarm Code, and U.L. standards, dwelling (AKA residential or household) fire alarm control panels (and in some cases burglar alarm control panels) are not allowed to be connected to outlets protected by AFCI or GFCI devices. We are talking about the typical residential installation using a combination listed household Burglar / Fire Control Panels with a plug-in transformer.

I’ll assume (maybe wrongly so) that most every residential installation company checks the outlets they are plugging into as being compliant (non AFCI or GFCI), non-switched and dedicated, and if necessary, having an electrician install a compliant dedicated outlet.

So here is the question… existing jobs, prior to the 2011 NFPA 70 NEC code, household fire alarm systems may have been plugged into outlets / receptacles protected by a conventional circuit breaker. The 2011 NEC requires almost all outlets to have AFCI or GFCI. What is the alarm company’s responsibility / liability if the customer “upgrades” “modernizes” their electrical system during a renovation and doesn’t tell the alarm company that the circuit breakers have been changed to AFCI?

Alan Glasser, Executive Director
METROPOLITAN BURGLAR & FIRE ALARM ASSOCIATION OF NEW YORK, INC.
PO Box 54, Brooklyn, New York 11204-0054
(718) 894-6712
mbfaa.ny@gmail.com    www.mbfaa.com
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Answer
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    An alarm company installing a fire alarm system "to code" is required to make sure that the system complies with all code requirements; that it passes final inspection from the AHJ if there is an inspection process.  Changes to the electrical system during installation and before completion of the fire alarm system should be known to the alarm company before that system is determined completed.  If the system is completed and then there is a change to the electrical system then obviously the alarm company will not be on notice, at least until the next inspection of the system.

    The failure to comply with code requirements will be considered, and be given great weight, when liability is being accessed.  Look at liability as a continuum.  On the left, no liability.  As you move right, slight negligence, ordinary negligence, gross negligence, willful and wanton conduct.  States that enforce the exculpatory and limitation of liability clauses may not impose liability until the gross negligence threshold is met.  Without a contractual exculpatory or limitation of liability even slight negligence will expose the alarm company to liability.  Failure to comply with code will most certainly be considered negligence.  Though perhaps not all code requirements will be treated equally, the failure to comply with a code requirement will most likely be considered "negligence per se".  The finding or negligence will either be presumptive and rebuttable by the alarm company, or negligence as a matter of law with liability to attach.  

    One of the best features of the Standard Fire All in One is that the contract clearly requires adherence to code requirements and AHJ approval.  With AHJ oversight code mistakes are less likely.  

    If you find that post installation renovation has been done by the subscriber you should report the change in code, and the non compliance of the system, to the subscriber.  If you are required in your jurisdiction to report inspection results or to certify the system after inspection, to the AHJ, then you must report that the system is no longer compliant.

    Liability for fire loss often results in damages that exceeds your insurance policy limits.  You don't want your company exposed to fire loss damages.  Intentional failure to comply with code requirements that results in alarm failure and subsequent loss could have consequences beyond civil monetary liability.  You don't want to even think about that.  Stay vigilant, especially with fire alarm systems.