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comment on workers com / pull station covered by Fire All in One / fire inspection April 17, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on workers com / pull station covered by Fire All in One / fire inspection
April 17, 2018
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comment on workers comp from April 14, 2018
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Ken,
    Some advice with respect to the Workers Compensation audit issue, the broker should have a discussion prior to the company issuing the WC coverage regarding “estimated payroll exposures”, “correct class codes for employees”, “the different rates associated with the different employee classifications” etc.  All worker comp polices are auditable , if an employee performs multiple functions 100% of the payroll is usually allocated in the higher class code (Alarm Installation). 
    As for what can be done, you can dispute the audit with the insurance carrier if the Office/Clerical employees are truly 100% clerical duties.  I would suggest obtaining the “Audit Worksheets” from the auditor which will allow you to confirm each employee’s compensation and class code they were placed in.  This is something that your broker should be able to help you with and you can then type a “Dispute Letter” to the auditor/insurance carrier stating specifically which employees were placed in the incorrect class code and what their actual duties are and why they were mis-classified.  This isn’t an insurance carrier issue as I would assume most would handle the same way, this is an education issue from your broker that they should have communicated prior to inception of policy. 
    Thanks,
Jeff Schulz, CIC, Managing Director, Commercial Lines
J. Krug
847.818.7508
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Response
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   Do not mess with Workers Comp insurance.  You will get audited.  While you are at it, check your alarm E&O insurance.  No doubt you can save money switching to SARRG, and you can save aggrevation switching to SARRG, Zurich [Costanza Agency] or Philadelphia [ask your broker - and be sure to request contractual coverage]
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pull station covered by Fire All in One
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Ken
    Quick question, we install, inspect and provide monitoring for emergency pull cords at various apartment complexes. We always inspect pull cords when we inspect the Fire Alarm Systems. The monitoring is one account that reports on FA system and pull cords at each building. Our customers are quoted one inspection rate for an inspection of FA devices and the pull cords.   Are the emergency pull cord services covered in the Fire Alarm contract?
Laurel Cole
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Response
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    I am guessing that the pull cord is not FD approved or required and that no specifications and plans are filed with AHJ to describe the system and service.  You can still use the 
Fire All in One [rather than the Commercial All in One, which would be the proper contract] if installing the fire alarm and then describing the pull station system in detail in a rider - Schedule of Equipment and Services.  I would not use the Fire All in One if installing a pull station system without a fire alarm;  I would use the Commercial All in One or the PERS contract.  Both are on sale right now until tomorrow.
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fire inspection
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Ken
    We are NYC electrical contractors installing fire alarm systems.  We have an alarm license also and do inspections.  During our fire alarm inspections the inspectors ask for the monitoring agreement (between customer and central station). Our installations are generally done pursuant to Purchase Order or we are contracted with the GC.  What should we be using and presenting to the Fire Marshal?
 name withheld
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Response
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    You should be using the 
Fire All in One.  In NYC where alarm companies don't do the fire alarm installation [electricians do the installations in NYC] the electrician typically signs the GC's contract.  Though not ideal, it's OK for the installation.  But for what I will call the RMR items, inspection, monitoring and repair service, you should be using the Fire All in One, and there is no exception to that advice.  The RMR services [and charges] are where the real exposure is.  Keep in mind that the installation is pursuant to filed plans and specification that have not been designed by the alarm company.  [in NY, unlike other states] fire alarm plans and specifications must be signed and filed by a licensed architect or Professional Engineer].  Also, the installation is inspected and approved by the AHJ, which is required for the Certificate of Occupancy issued by the NYC Building Department.  This of course makes the fire alarm system different from other types of alarm systems where there is no oversight, final inspection or approval by a governmental AHJ.  [some alarm experts will argue that AHJ includes more than governmental agencies, such as owner, insurance company, but I prefer to limit the term to a governmental agency who has legal authority over the installation and service].  
    You should not be doing fire alarm inspection, monitoring or repair service without the Fire All in One.  No exceptions.  It's on sale until tomorrow, so order it right now.
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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