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 ****************************** Liability issues designing residential fire alarm April 21, 2025 ************************** Liability issues designing residential fire alarm ************************** I may be going out on limb not consulting with the fire alarm experts on this one, so I'll brace for the comments we will hopefully get. Residential fire alarms are less regulated than commercial fire alarms, which is not a surprising statement. In fact, other than NFPA 72 mentioning where smoke detectors should be placed in a residential structure, codified by state law adopting the NFPA 72 standards, and perhaps local municipal building and fire codes, there isn't much to the fire alarm design. I believe placement is required in or near sleeping quarters. Consumers interested in getting more than basic or minimally legal required systems will get more equipment and services. For example, besides smoke detectors there might be heat detectors, water flow in sprinkler systems [yes some high end new construction requires sprinklers even in residences particularly depending on square footage of the structure]. The popularity of battery powered vehicles, cars or bikes, or perhaps other battery operated equipment using lithium batteries presents an issue I fear is overlooked. These battery powered cars or equipment are found in different parts of a house, though certainly a garage is where the cars will be found. I am told that years ago it was common place that garages were detached from the home itself. Perhaps fire was the reason. But today it's common to have attached garages as part of the main structure. It's an area often overlooked for fire alarm protection, pretty much, I think, because there are no sleeping areas in the garage. But that's where the potentially exploding lithium batteries are and that's where fires can ignite. Even a detached garage isn't located too far from the main structure and poses a danger, but an attached garage obviously poses a danger. Sure, when the fire or smoke enters the main residence the required smokes may pick up the fire, but by then the fire may have engulfed much of the residence. Garages are not the only place these batteries may be found. "Mud rooms" might be where electric bikes are stored overnight. I don't know what children battery operated toys use lithium batteries or whether its only the lithium batteries that pose a threat, but that only adds to my concern. Another potential design defect would be locating the alarm panel or communication device in an unprotected [in the sense of no detection equipment] area, especially if that area is where the batteries are to be found. I suspect there are other areas of a residence that have similar issues; the fire experts should comment. The Residential All in One covers fire alarms, and it also covers from design to after-install services. The Residential All in One will provide the best contractual protection available for negligence. Design failure would generally be ordinary negligene, by why risk the sensibilities of a judge who has to decide if the design failure rises to the level of gross negligence or willful misconduct. **************************** 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* 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
