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October 2, 2013 12 noon EST Register Here: https://attendee.gotowebinar.com/register/4971762135701038336
Title: Detecting and preventing workplace fraud and embezzlement
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Ken
re: mixed use building article on September 21, 2013
As a fire alarm professional, one of the most difficult things that I do is to properly document a fire alarm system that was designed / installed by someone else. Unless fire alarm systems are your business to the point where your head is in the codes on a daily basis, I wouldn’t walk away from this project, I would RUN.
A tenant really has no business altering a required life safety system in a building. Fire codes clearly place the responsibility of the system and its operation on the building owner. For you to alter this system without the building owner’s direction, that is legally with a signed contract to perform the work, is just asking for the kind of trouble that happens in your worst nightmares.
I’m not familiar with the NYC adoption of codes, but I wouldn’t be so sure that the upper floors were deficient when the building was completed. Alarm requirements are determined by the building Occupancy and Occupancy Load. It is typically an Architect that determines these values, and that would have been part of the original building construction documents in 2003. Obviously the building met the alarm requirements at the time of construction in order for the CO to have been issued, but there probably have been changes since then that could affect the validity of the CO. Sometimes the CO is issued as a “Core and Shell.” This is where there is a new building, but tenant spaces have not yet been defined or built out. Each TI requires a new Architectural document that defines the Occupancy and the Occupancy load, among many other things. Again, these documents determine fire alarm, fire sprinkler, exits, fire separation, etc.
It sounds like this building would be mixed use R-2 and B under the International Fire Code (IFC), the requirements for these occupancies are not that extensive, but they still have to be permitted and inspected. NYC probably has some more restrictive requirements. One of my biggest fears is that the CO would be issued as a Core & Shell, and then when the owner leases space, he builds it out without the proper documentation and permitting. You really don’t want to be a part of that. If something goes wrong, it doesn’t matter if your work was done right. Without the proper documentation, it’s wrong. I’m not an attorney, that’s certainly Ken’s expertise, but I seriously wonder if you can even contract away that type of exposure to civil liability, and possibly even criminal charges.
What really raises my suspicion of the building owner is that the DOH (also an AHJ in addition to the Fire Marshal under the codes) inspected the building and found deficiencies that weren’t handled with the tenant occupancy. NFPA 101, the Life Safety Code has some specific requirements regarding the types of facilities that DOH inspects. If permitting for Federal funding is involved (probably the reason DOH was there in the first place), NFPA 101 would probably be the controlling document as far as the Feds are concerned. If there is a conflict between NFPA 101 and local codes, the most restrictive applies. Depending on the type of facility, some of these NFPA 101 requirements involve smoke/fire dampers around treatment areas that need to be controlled by the fire alarm system, some do not. Proper involvement with a building design professional would have anticipated these requirements and the work would have been designed, permitted and inspected by all AHJ’s prior to the tenant moving in.
For what it’s worth, that’s my humble opinion. Either do it right, or run. The risks are too high, and rewards are too low to cut corners on this type of project.
Ken Webster, NICET level IV
Webster Fire Protection, LLC
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Ken,
l wish l was as good a lawyer as you are With Fire Alarm info... You have a good base knowledge of many of the elements that go into NYC Fire Alarms. But that sometimes can be a little dangerous.
Some of the elements of these question will be covered in our Webinar on Dec 5, 2013 [that you are hosting] and this reader and anyone interested in fire alarm system installations should definitely sign up.
First of all, any Fire Alarm system that is installed in NYC whether voluntary or not MUST be NYC code compliant. I don't only mean DOH [dept of health] Code if it applies. The system must be designed by a licensed professional who will take into account the existing CO and Building use etc. And get DOB and FDNY plan approvals BEFORE a NYC licensed Electrician files an A433 with th FDNY to do the installation. Their are too many varables and unknows to give your reader the proper answer in this case. I strongly suggest they obtain the advice and services of an engineered equpment fire alarm distributor and or a design professional BEFORE advising their customer.
Ken, l see many readers asking what their "Liability is" and how to reduce it but l think they should be most concerned about what their "Responsibility is" to their customers, building owners and our industry. It requires them to spend the countless hours necessary to find out what is required before they advertise or represent that they do "Fire Alarms".
When you fulfill "your responsibilities" you definitely reduce "your liabilities" in my humble opnion.
Regards,
Bob Williams
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Response
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Bob and his team of expert fire alarm techs are presenting a Webinar on Dec 5, 2013. It's free. If you do or want to do fire alarms in NYC this is a must hear presentation, and if you want to do or do fire alarms in any commercial setting this is going to be an important learning experience. Register early and be sure to attend this webinar. Register here: https://attendee.gotowebinar.com/register/4919260455763006721
Much of what you need to know about commercial fire alarm sales and installation is layed out for you in the Standard Commercial Fire Alarm All in One contract. How can I say that? Because the contract makes it clear that the installation is going to be subject to approval of the AHJ; it's that simple. The AHJ has to approve the plans, inspect and approve the installation. If you or your subscriber want to circumvent that simple concept the contract provisions make it hard to later claim you didn't realize AHJ approval was required.
There can be many different types of alarm systems that can be characterized as "life/safety" measures or systems. Fire will always be included in that category and that's why its regulated for commercial premises and in many jurisdictions in residential premises as well. Your risk for liability is greatest with fire and you should keep that in mind. Besides the obvious, that you must comply with AHJ requirements and do your work properly, your first line of defense against liability exposure is your Alarm Contract. There is no substitute for the Fire All in One. If you do commercial fire, you need the Fire All in One.
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
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Webinars
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October 2, 2013 12 noon EST Register here: https://attendee.gotowebinar.com/register/4971762135701038336
Title: Detecting and preventing workplace fraud and embezzlement
Presented by: Judge Ruth Kraft, Chair, Labor and Employment Department, Kirschenbaum & Kirschenbaum, PC.
Description: The webinar will discuss classic employee embezzlement and fraud scenarios, applicable to all businesses, how to anticipate the problem, understand patterns of behavior by employees who are committing fraud, and self-audit against these eventualities.
Who should attend: Attendees should be business owners-obviously not their staffers!
Embezzlement, in various degrees, strikes almost 20% of businesses each year. If it goes unchecked, the results can be catastrophic.
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December 4, 2013 12 noon EST Register here: https://attendee.gotowebinar.com/register/4919260455763006721
Title: 10 Things Residential Security Alarm Companies should consider BEFORE entering the world of Commercial Engineered System Fire Alarms
Presented by: Bob Williams, President of Briscoe Protective Systems and his Management Team.
Briscoe Protective Systems has been in the industry for 35 Years and has made the transition from a Residential Alarm Company in the late 70’s to a Engineered System Fire and Security Company that is an SDM Top 100 Company. Find us on the web at www.BriscoeProtective.com or on LinkedIn under Companies, Facebook and Twitter@BriscoeProSys
Description: There is a big difference between installing Residential Fire Systems and Commercial Engineered Fire Systems and there are “Key Factors” that Security Company’s should consider before attempting to go into this lucrative but challenging market.
Who should attend: Alarm company owners and fire techs.
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