KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on notifying AHJ of fire alarm termination / comment on additional insured
July 28, 2018
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comment on notifying AHJ of fire alarm termination from July 18, 2018 article
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Ken
One more thing on the duty to notify AHJ on fire alarm service dropped in a similar related trade. I took a hood suppression training class about 9 years ago and the gentleman that taught the class said that you should put a statement on your test reports says "a copy of this report may be provided to an AHJ for code enforcement purposes."
This was because the hood suppression code (NFPA 17) changed at that time that requires and a hood suppression servicing company to notify the AHJ when service is stopped or if a system falls out of compliance for any reason including refusal of repairs by a building owner or responsible tenant. He told a story of a restaurant owner that sued and won losses he suffered when the servicing company provided the report showing deficiencies with the hood protection system and the fire department shut them down till repairs were made. The restaurant owner said he should have been given notice or warning that the report would wind up in the hands of an AHJ.
That said I don't think its a bad idea to have pre-printed on your fire alarm test forms just above the signature line for report acceptance that has this cautionary statement. I get occasional requests from fire inspectors asking for a copy of a test report for a job that has some deficiencies that the occupant wants to battle with the property owner over who pays for it.
Just FYI.
Anonymous
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Ken
nice reply in your response to the fire loss issue in the July 20, 2018 article. Always appreciate your directness / humor!
DAVID MORGAN | Co-Founder / Vice President
Security Dealer Marketing
Office: 888.572.4450
Cell: 626.806.6800
www.sd.marketing
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comment on additional insured from July 20, 2018 article
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Ken,
Crystal wrote a great response that you published on July 20th, 2018 about additional insureds are automatically covered when the alarm company signs a contract that includes language requiring it. The item to HIGHLIGHT is that when you sign someone's contract you don't know everything that is in it because your in the alarm business and probably not an attorney.
This is proof positive why the only contract form that you should be conducting ANY AND ALL business on are those found on www.alarmcontracts.com because this is the only sure way that you are not getting or agreeing to something that you should not.
I can't stress this enough.
Bart A. Didden, Executive Claims Manager
Security America Reassurance Group, Inc. - SARG
877-872-1266
bdidden@securityamericarrg.com
www.securityamericarrg.com
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Response
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Naturally I wholeheartedly agree, and I can't stress that often enough! Thanks for the plug
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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
516 747 6700
www.KirschenbaumEsq.com