KIRSCHENBAUM & KIRSCHENBAUM, P.C. ATTORNEYS AT LAW
200 Garden City Plaza
Garden City,  New York 11530
516-747-6700

Q&A - Fire alarm monitoring and service- deficient system

Question:

    Ken,

 We have a client that has over the years had several fire alarms installed
(by others) that do not meet the State’s, NFPA or the local AHJ
requirements. Because we do their security work they have asked us to
monitor these systems at our central station, and although we have strongly
urged them to comply, they continue to ignore the advice and dodge the
local AHJ on this subject. Do we have any liability because we monitor
them? we have not installed any of their fire equipment, we have however
provided service and inspections from time to time on a time and material
basis.           John M.

___________________________

Answer:

     You most certainly have potential liability because you have serviced
the system.  You may also have liability if your local governmental laws
impose requirements on you, such as New York City Fire Department
regulations.  You may have a statutory duty to report the subscriber to the
fire department or building code enforcement agency.
    You also don't mention whether you are using contracts for your various
activities.  You should be using a monitoring contract.  You should also be
using the Fire Inspection Contract.  As far as your advising or warning the
subscriber about the fire alarm deficiencies, you should have had the
subscriber sign a Disclaimer Notice, which you should have written
additional language to cover this particular installation.
    Keep in mind that a fire loss could be serious and those who suffer
damages will be looking for every pocket they can find.



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