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 whitelist ken@kirschenbaumesq.com ********************** Comments on More fire marshal issues – door strikes November 16, 2023 ************************ Comments on More fire marshal issues – door strikes from article on November 7, 2023 ************************** Ken I disagree with your saying that the AHJ makes the rules; no the state makes the rules and the AHJ has to follow them. Mike Ski **************************** Another comment ************************* Ken, This is why we are great friends with New York privileges; we take them as well as we give them. You gave a great analysis for an attorney but I don't know if you helped. This is just a great example for membership in security and fire alarm industry trade associations, both local and national, because for a couple hundred dollars a year you have representation on these issues and a mass of members who are equally affected and motivated to solve the issue. Ken, your Concierge Program is just as important as association membership, parallel tracks, same destination for professional success. Bart A. Didden, President U.S.A. Central Station Alarm Corp. Port Chester, NY Milford, CT St. Paul, MN ************************* Response ************************* The problem with Mike’s observation is that while it is technically right, the old saying “you can’t fight City Hall” comes to mind. Your AHJ, Fire Marshall, is in the field making on-the-spot decisions. Sure you may have filed plans and specifications [not in all jurisdictions apparently] where lots of thought went into approval of the plans, but any changes that are required can easily be dealt with by you and the customer; adjustments to the contract specs and pricing can be adjusted. That’s not as easy when the change comes well after the plans are approved, the ink on your contract dry, you’re in the middle of the job, and the AHJ decides he wants someone else. Are you going to get into a protracted battle with the Fire Marshall at that point, or are you going to buckle-up, tow-line, suck it up and do it his way? If you have the K&K Standard Form Agreement, in this case the Fire All in One, it’s easier to go along with the AHJ’s changes and simply charge the customer as permitted by the contract. Another consideration is, as I pointed out in my prior comments, that some legislation and code requirements may invite interpretation, for a variety of reasons, including but not limited to poorly drafted wording or evolution of technology and the code or legislation not keeping pace. So I agree the AHJ should be following laws. When you disagree with the AHJ I suppose you should know if the AHJ thinks he is following the letter of the law or code, or knows he is departing from it, with or without reason. Bart’s right encouraging you to joining your local alarm associations. Participating in that association will make it all the more rewarding. Associations are by design tasked with promoting your industry and business. You don’t have a lot of choices when it comes to trade associations, so your local association may be your only option, and it’s the best one anyway. Reach out to your local association and get involved. Some of them are featured in The Alarm Exchange [to get your association listed on The Alarm Exchange email or call me directly]. Joining the K&K Concierge Program will definitely be a game changer for you. Operating with what you can think of as House Counsel is going to make a big difference in your professionalism and your business. We are not at maximum yet, but getting close, so don’t delay and join today. Call or email our Concierge Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304 ot SSpector@Kirschenbaumesq.com. You can also sign up on the K&K website on the Concierge Program page here: https://www.kirschenbaumesq.com/page/concierge or when ordering contracts on K&K Contract Order Page: www.alarmcontracts.com you have the opportunity to sign up for the Concierge Program and get an immediate discount on the price of the contract order. ************************ WEBINAR SERIES: All webinars should be posted by now so if you missed the software or central station webinars you can watch them on the K&K website here: https://www.kirschenbaumesq.com/page/alarm-webinars **************************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - 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. *********************** WEBINARS:https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our email list / 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. ************************** 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
