Subscriber canceling fire inspection - what should you do?

QUESTION:

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Good Morning Mr. Kirschenbaum,

    I have had some strange conference calls in the past couple of weeks with customers that want to cancel fire inspection and testing, and take their chance of not getting caught with up to date inspections. I would like to know the ramifications of this, since this is required by code. Some codes state that it is the owner, operator or occupants responsibility. How do we convince them this needs to be done or more importantly protect ourselves from any litigation. I say most importantly because as a Florida License holder I don't want the customer to point at me and say I wasn't aware of this, and as they say "that's when the fight started"

Mike M.

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ANSWER:

    I think you have properly focused on a very important issue, how will the AHJ view your failure to provide the statutory inspection service?  Your relationship with the AHJ is hard enough to maintain without failing to comply with code requirements.

    In addition to the code inspection requirements you should be working with a Fire Alarm Inspection contract [ www.alarmcontracts.com].  So you are under not only a statutory obligation to inspect but a contractual obligation.  If using the Fire Alarm Inspection contract your subscriber will be paying you for the required inspections through the recurring revenue and therefore less inclined to deny you the inspection service. Any service is paid on a per call basis pursuant to the Fire Inspection Contract.

    Keep in mind that you may be obligated to inspect the fire alarm system pursuant to statute, code, AHJ requirements and your contract.  Even without a contract you may have created some expectation by the subscriber or tenants and occupants in the building that you are providing required inspection services so that the fire alarm is properly working.  Loss occasioned by fire can be catastrophic, and every deep pocket is usually brought into the lawsuit.

    If your subscriber will not permit you to comply with statute or contract you must immediately document that instruction.  You must also be certain to notify the AHJ, if required , that you were prevented from performing the inspection or other service.

    Especially with fire it is bad practice to allow your subscriber to dictate sub standard service.  If there is a loss the subscriber will look to blame you anyway.