Question:

Hello Ken,

We are doing a lot of work in the production home industry and a question

came to my mind I am hoping you can help me answer.

When we add a wireless smoke to supplement the electrical companies

supplied local smoke detector system how can we protect ourselves to show

this is only “spot protection”, does not comply with NFPA and is installed

to protect property only.

Thank you,

Dan

Expert Electronic

 

 

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

Answer:

I've been considering this question for a few days. I am not a technical

expert and I don't know what NFPA has to say about added protection that

may not be installed to proper specifications. But, I suspect that it's not

a good idea, and most certainly if you do it at the behest of your

subscriber then the contract needs to have that information in it.

You should include a provision that the subscriber has requested certain

added equipment and acknowledges that it does not meet certain acceptable

standards, but it's all the subscriber can afford or wants to pay for.

Even this type of disclaimer however may not be enough, especially if your

installation does not meet industry standards, and you are in a well

regulated jurisdiction and its a fire alarm system.

We have covered topics like this before. When you install substandard

installations how do you contractually protect yourself? Many alarm

companies will simply say that they won't do it. Let the subscriber pay for

the proper system or walk away from it. I don't disagree with that, but I

have to deal with all kinds of clients who get themselves into all kinds of

trouble. Installing systems that do not comply with statutory regulations

or industry standards is asking for trouble, no matter what contract

language you have. And, if you don't have a contract and you do that kind

of work, then I hope you don't tell the subscriber your company name or how

to find you.

 

 

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

To answer Dan's question, you specify exactly what you are installing and

you articulate that the subscriber understands its limitations and non

compliance with NFPA and code. Just be sure that you are not under some

statutory duty to install something different. I don't think a doctor or

lawyer can knowingly give wrong advice and then insulate himself by getting

something signed that the client understood he was paying for wrong advice.

Now if the installation is proper and you are only adding additional

equipment then that should be expressed in your contract and clearly

acknowledged by the subscriber. You will still need to be concerned with

third parties on the premises that may have a right to rely on viable smoke

detectors that may not be to code; that's what E&O insurance is for.

Don't make a habit of installing non compliance systems

------------------------------------

comments on fire question

 

 

Ken,

There are certain situations in which the addition of a single smoke

detector or fire detection device is allowed. Note that I did NOT say it

was a good idea, just that it may be allowed.

NFPA 72 1.5.1 says that coverage may be more than the minimum called for by

the standards. So, consider a new construction house in which the

electrician has properly installed the AC powered smoke detectors. That is

all that is required in most places. So, if an additional monitored smoke

detector is added, it is a device that is over and above the basic

requirements and therefore is allowed. I would call to attention that all

the rest of the system must now also meet NFPA standards. These standards

include 24 hours of backup battery, a fire alarm signaling device (which is

a different device that a standard burglar siren), test signals, etc. Also,

all equipment must be UL or FM listed for fire. Also, in many areas, Texas

is one, the person doing the installing must have a valid fire technician’s

license, and the system must be planned and approved by a Residential Alarm

Superintendent. So, you see that you cannot merely stick a smoke detector

onto a regular burglar alarm panel and meet NFPA 72 requirements.

Ken, your point is well made about it not necessarily being a good idea to

do this. What if there were a fire, and one end of the house burned before

the smoke reached your smoke detector at the other end of the house? Would

you be able to prove at the trial (and there likely would be one) that you

had not only told the resident about the limitations of your installation,

but also could you prove that he fully understood what you told him and

that he agreed? There is, in my opinion, a huge liability issue looming

there.

Having said all that, isn’t it too bad that we have to worry about all

those things just so a person could have at least some monitored detection

for his house. Maybe at least some sort of warning is better than none?

Too, bad.

Good luck and be careful.

Gary Dawkins

CEO, Response Center USA

 

 

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

Ken,

When a customer’s home meets the minimum fire code in the area to which he

lives, then it is permissible to add “spot” detections such as smoke or

heat detectors. However, the installation of equipment shall meet the NFPA

72 in the installation of the equipment. Failure to meet the installation

code (NFPA 72) will certainly place the installing company at risk.

Deviation of the installation standard is not something the customer can

sign a waiver. He is not the expert and does not know the ramification of

improper installation. If he cannot afford to do it right, then I would

agree with Ken and say, don’t do it.

Shelton Mangum, Owner

Creative Security Systems, LLC

 

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

 

 

Dear Ken,

The NFPA code specifically allows ADDITIONAL detection devices. You are

allowed to ADD TO the "factory installed" smoke detectors with no problems

at all. You would be in trouble however if you were to replace the existing

"factory detectors" with your wireless system detectors for several

reasons, not the least of which being the loss of the "one sound all sound"

that is currently not available with wireless detectors.

Under NFPA-72 2-1.4.3 - Where nonrequired detection devices are installed

for a specific hazard, additional nonrequired detection devices shall not

be required to be installed through an entire room or building. The code

does also state however under 2- 1.4.2.4 that if such detectors are

installed, they "shall conform to the requirements of the code". In the

NFPA 72 code handbook, it specifies that since these detectors are placed

into service as ADDITIONAL detectors, they can not be used to determine

spacing of detectors, etc., as part of a "system" now, or at a later date.

Dave Watkins

 

 

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

Ken

Dont overlook Building Codes (International Code Modified for NY):

In NYS and in other states, NFPA does not come into play untill the

building code points to it. This is usually found in the body of the text

pointing to a reference standard in the back of the code book.

*The building code requires that all the smoke detectors be interconnected.

(R-317.1)

*The building code also requires that the smokes be powered by the

buildings power. (R-317.2)

In both cases NFPA 1999 is the "reference" book to be used in NYS..!!

*The building code also states that only one type of audible is allowed,

not multiple within premise. (Can't remember where I saw it.)

Mike

CSS

 

 

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

 

Ken,

I've had this question come up a couple of times during the various NTS

classes I've taught.

This comes from the answer I've worked out with the NTS administration

(this is strictly as it relates to NFPA72). "Supplemental" or "additional"

protection is allowed by NFPA 72. As long as there is a primary

code-compliant system installed in the house that has not been disabled,

altered or damaged by the installer of the additional protection, it is

unlikely that "additional" protection would get any company in trouble with

a code compliance officer referencing NFPA72 no matter how it was

configured - even if it involved a single detector that made no noise.

According to NFPA72 residential fire systems do not require central station

notification or a secondary power supply (batteries). Adding a communicator

is therefore "additional" protection. While I understand that this does not

relieve the company of civil obligations - we believe it means that fire

code is not a likely premise for prosecuting a case.

The problem as it relates to code is the question of weather the existing

system (the one not installed by the alarm company) is code compliant. If a

professional adds "additional" "spot" or "supplemental" (as defined in the

code) protection to a house that has an existing system they are affirming

that in their opinion the existing protection is code compliant. If there

are not enough detectors and sounding devices it is the professional fire

installer's mandate to notify the customer that this is the case. Also - in

the opinion of many professionals - if the existing system is not compliant

- "supplemental" or "additional" devices (as they are described in the

code) may not be installed because primary protection does not exist. In

short the company must install a complete code-compliant system in the

house if they wish to meet code and cannot claim that their device is

"additional" until this is accomplished.

Since this comes up as much as it does perhaps we could collaborate on an

article?

Andy

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

Ken,

While I agree that when a fire system is installed we should provide the

customer proper protection for their saftey. I always take to the customer

on the fire alarm issue as you have to remember interconnected smokes are

120v with battery backup (9v). System smokes are backed up by the panel

battery which must be able to provide enough power for 24 hours then 4 min

of ALARM>>key word. During an extended power fail those 9vs may fail

earlier than the system. Also NFPA 72 11.3.2 (1)states "The required

minimum number of smoke detection devices shall be satisified

(independently) through the installation of smoke alarms. The installation

of additional smoke alarms shall be permitted. The installation of

additional system-based smoke detectors including partial or complete

duplication of the smoke alarms satisifying the required minimum shall be

permitted." This shows and is explained in teh appendix as a reference that

you can add a system smoke to provide additional protection above the

minimum requirements. However 1 systems either system based smokes or

single-multi station must meet the minimum coverage. The other issue to

remember is that NFPA 72 11.1.4 states" The requirements of Chapter 4

through Chapter 9 shall not apply unless otherwise indicated."

Ben Dumbrowsky,SET

NICET Certified Level IV Fire Alarms 100472

Integrity Protection Systems

 

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

Ken,

When a customer’s home meets the minimum fire code in the area to which he

lives, then it is permissible to add “spot” detections such as smoke or

heat detectors. However, the installation of equipment shall meet the NFPA

72 in the installation of the equipment. Failure to meet the installation

code (NFPA 72) will certainly place the installing company at risk.

Deviation of the installation standard is not something the customer can

sign a waiver. He is not the expert and does not know the ramification of

improper installation. If he cannot afford to do it right, then I would

agree with Ken and say, don’t do it.

Shelton Mangum, Owner

Creative Security Systems, LLC

Montgomery, Alabama

 

 

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

Ken,

I use this form in addition to our contract no matter how much fire

detection we are installing with a Residential Intrusion system

RESIDENTIAL – FIRE ALARM EQUIPMENT

Many Communities require smoke alarms to be powered with 110 V AC or

battery power. These detectors comprise your primary fire alarm. These

detectors are to alert you if a fire should occur while you are in your

home. They are not designed to alert the fire department or our Central

Station.

Beacon Security, Inc. can install “system” type smoke and/or heat detectors

to detect fire. When activated, these detectors (“system” type) will

communicate a fire signal to our Central Station. Where the local fire

authorities will be alerted. The detectors BSI can install should not take

the place of your primary fire alarm. It is the sole responsibility of the

customer or subscriber to maintain the primary fire alarm as the local

codes may require.I understand that Beacon Security, Inc. can install a

fire alarm system, which meets National, State and Local fire codes at an

additional cost. I have elected not to accept this option.

I HAVE READ AND UNDERSTAND THE ABOVE: ______ Initial

Elizabeth Courtney

Vice President

Beacon Security, Inc

 

On the question of additional insureds and obtaining certificates, here is

a definitive comment:

Ken

I wanted to reply to this issue last week but the time escaped me, I use to

get the same answer from my insurance agent and I lost a lot of business! I

switched back to Alice Cornett Giacalone! It really matters who your agent

is, when I have contract language that a customer wants and it is a deal

breaker I send it directly to her, she sends it to underwriting and 99

percent of the time I get it back with underwritings written ok. I cannot

stress enough how easy Alice make it to do business!

Elizabeth Courtney

Vice President

Beacon Security, Inc.

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

 

Hi Ken,

I just would like to inject a comment regarding interconnecting smokes for

a residential fire system. Alot of people are getting mixed up on this. We

must not get "hung up" on the term interconnecting. I have had alot of

inspectors saying to me that my system has to be "interconnecting". They

just don't seem to fully understand the codes on this until I show them

that the code states "The activation of any smoke detector in the structure

shall cause an alarm to sound such that it can be heard throughout the

structure." "The activation of one detector does not have to activate a

sounder in all detectors (in system type detectors) however, if one

detector is activated, the alarm must be clearly audible in all bedroom

areas over background noise levels with all intervening doors closed." (Per

NFPA 72)

Also, it goes on to say...."Interconnect type smoke detectors require

wiring such that if any one detector is activated, all detectors sound an

alarm."

As you can see, the only reason you even have interconnected detectors is

so you can hear the sound.

So you do not have to have interconnecting smokes. A system type fire alarm

is just fine.

Greg

Walworth County Security Alarms

 

Ken,

Something that has always bothered me about these residential

installations, is the implication that we as an alarm industry are the only

ones that need to follow the requirements of NFPA. Why is it that my

systems need to have 24 hours of standby power, with a reserve to operate

the alarm at the end, and an electrician can install 110vac detectors that

do not fulfill the same requirements? Obviously we are being held to a

different standard of enforcement. Fairs, fair... should we all be calling

the inspectors to the table on these (seemingly) different requirements,

and demanding that the electricians be held just as accountable? It would

only seem right that we are all playing by the same rules. I’m sure there

are NO electricians out there loosing a moments sleep over the points we

are arguing about here, and the liabilities involved.

Keep up the good work.

Thomas Doyle, President

FBN Systems, Inc.

Medina, Ohio