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 white list ken@kirschenbaumesq.com 

*******************************
Comment on prevailing industry standards and AHJ changes to code
November 20,  2019
*******************************
Comment on prevailing industry standards from November 6, 2019
**************************
Ken
      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
**************************
Response
**************************
            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 
Format:  round table live video discussion and power point
Who should attend:  alarm company owners, monitoring center owners, risk managers
Register Here:  https://zoom.us/webinar/register/2615732472365/WN_nGQNtCosQjSPWzBL7_clIg
*************************

To order up to date Standard Form Alarm /  Security / Fire and related forms, click here:  www.alarmcontracts.com
*************************
CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM
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.

***********************
NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
***********************
THE ALARM EXCHANGEalarm classifieds alarm security contracts

    This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. 
    There is no charge to post a listing here.Include your contact information, phone, email and web site.  If you would like to submit a post, please send an email to ken@kirschenbaumesq.com.  To create a reciprocal link to our website, click here.

************************************************
Getting on our Email List / Email 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.  You can read articles and order alarm contracts on our web site www.alarmcontracts.com
**************************
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