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Comment on prevailing industry standards and AHJ changes to code
November 20,  2019
Comment on prevailing industry standards from November 6, 2019
      Would the contractor that did not put pull stations at the back doors be able to win in a lawsuit due to being code required but not AJH?
Jack DeBoer
            Talk about a rock and a hard place.  For those who missed the article [and too lazy to find it on our website under Articles, I opined:
   “Prevailing industry standards can mean different things in different parts of the country.  And an opinionated AHJ can certainly set standards that may be different than what you as a trained professional believes is appropriate.  
            Some rules of thumb become apparent.  
            Follow regulatory agency guidelines, especially if they have made their way into the building code or other statutory regulation
            Follow manufacturer guidelines unless you’ve got a very good reason not to
            Follow AHJ requirements, and get them in writing if you really disagree
            Follow your 
contract, which should not be inconsistent with the other rules”
      I am constrained by the question.  What lawsuit?  I can conjure up a few scenarios:
  *  Lawsuit with the subscriber because the subscriber doesn’t want to pay 
  *  Lawsuit by subscriber because system wasn’t to code or wasn’t what AHJ wanted
  *  Fines by AHJ or refusal or issue Certificate of Occupancy because system isn’t to code or AHJ specifications
            I think we start the analysis with this given:  If the AHJ wants something not in the code, or interprets the code differently than you do, insist on getting the AHJ’s direction in writing, signed by the AHJ.  Then, at least, we will have legitimate competing authorities.
            Next, another given:  You must conform your contract, and it’s likely to be the 
Fire All in One [could be a Residential All in One because that also covers fire installation in residences].  Fire the contract calls for installation “to code” and the AHJ insists on changes, you not only have to get that direction from the AHJ in writing, you have to change your contract specifications to reflect that change.  Your subscriber must agree to the change, and that change is going to state that it’s being made at the direction of the AHJ, a direction made in writing.  
            What this process accomplishes is shifting responsibility for the installation to the AHJ or the subscriber, because one is demanding deviation from code and the other is agreeing to it.  You are in the middle, and you better document that place between the rock and hard place.

Webinar Notice:  
Title:  contracts and insurance – identifying your risk in 2020
Date:  November 25, 2019  at 2 PM Central time [3PM EST]
Hosted by ESA
Presenters:  Sophia Dominguez, from ESA, Crystal Jacobs, from Security America and Ken Kirschenbaum, Esq 
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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