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Question
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Ken
In some instances, regarding the Fire Alarm System, the Record of Completion, Acceptance Testing and As-Built Drawings are missing or never done. These documents are required by code and important for future inspections. If another company does the testing and inspection they may find the system operates and tests properly, but there could be underlying installation errors that are not easily apparent. For example, load calculations, too many devices, splices, incorrect wiring (t-tapping conventional), devices not UL approved with control panel. Fire Alarm Testing & Inspection requires visual and functional testing and inspection.
Where does the liability fall?
Mark C. Popkowski
Modern System Concepts, Inc
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Answer
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When you agree to undertake a project, assignment, job or whatever you want to call it, your performance and obligations are defined by your contract or a reasonable standard of care; ie., you can't perform negligently causing damage. So if you agree to inspect or service a fire alarm system installed by another what should you expect.
Let's assume you don't have a proper written contract that defines the scope of your inspection or repair service. If you've agreed to do the inspection and necessary repairs then you better do just that. Once you've put your seal of approval on that system you are going to have responsibility. Of course if you point out deficiencies in the installation by another and the subscriber doesn't want to repair those deficiencies, as long as you don't hide them from the AHJ you should have no exposure. By hide, by the way, I mean that you owe the AHJ full discosure in response to any question asked; I don't think you need volunteer information not requested.
If you have a written contract your duties will be defined in the contract and that is all you are expected to do. Broadly worded terms will require you to perform in a reasonable and customary manner, and certainly in compliance with AHJ requirements.
Your exposure for involving yourself in someone else's installation, purporting to inspect and repair the system, will expose you the same as if you did the installation, unless you limit your exposure by contract. Those limitations would be in the Schedule Of Equipment and Services which is part of the Commercial Fire All in One or the Residential All in One.
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Speaking Engagements
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Alarm Association of Greater St. Louis. September 16, 2014. at Tech Electronics HQs office at 6437 Manchester Ave, St. Louis, MO 63139. Meeting is from 11:45 – 1:30 Video conference presentation starting at 12:15 CST. For more information or to register contact Tony Drago adrago@tyco.com www.alarmstl.org
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NYSESA - September 17, 2014 at Honor's Haven Resort, Ellenville, NY. This is the NYS Electronic Security Assoc annual meeting. Presentation on updated contracts and current legal issues will be at 10:30 AM. For more information or reservations contact Dale R. Eller, Executive Director (814) 838-0301 dalereller@itzsolutions.com
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Alabama Alarm Association. AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205 for more info contact AAA Executive Director: director@alabamaalarm.org (205) 933-9000
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Electronic Security Summit for 2014. October 22-24, 2014 at the landmark Broadmoor Hotel. Colorado Springs, CO. For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC., (786) 999-9738 alex.quirin@aspsummits.com www.aspsummits.com