August 23, 2011
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Question
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Many jurisdictions may have building codes which refer to these codes and standards, very often obtaining an alarm installer's license or other credential required by the locality) does not require an applicant be able to demonstrate proficiency or knowledge of these codes. For example, in Virginia, mandated training for electronic security and locksmiths, the two categories which cover alarms cameras and access controls, does not really cover these in depth. These laws are basically to protect the consumers' privacy, and try to suppress unscrupulous individuals from victimising end-user with over charging, identify theft and shoddy work. Network cabling is not subject to DCJS regulation, although more and more security infrastructure uses network infrastructure.
I believe that the necessity of having a contractor's license is governed by the dollar value of the work to be performed. Also in Virginia, regulation of fire alarm installers is not state-level, and subject to policies determined by the LAHJ.
Other states have low voltage licensing. In Illinois for example, it is my understanding that an electrician is required to pull any wire or make any connections, regardless of if it is low or line voltage, which implies that the installer will have some level of training in the electrical code, but not necessarily but less emphasis placed on end-user protection or knowledge of life safety and security performance standards.
How does the installers' adherence to these codes indemnify the installer?
How does the installer's adherence to these codes protect the end-user?
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Answer
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You should not confuse having a license and actually having the expertise to install or service alarm systems or perform the licensed work. If a license is required then the licensing agency, typically the state or local municipality, generally comes up with minimum standards, educational or vocational requirements and of course fees. Civil and criminal consequences may result if there is unlicensed activity. When the licensing statutes govern residential consumer customers the failure to have the required license may prohibit an unlicensed contractor from suing for unpaid money, even if the work is satisfactorily completed.
Building codes on the other hand establish a minimum standard for performance. Referencing recognized industry companies or laboratories that set and monitoring these standards permits flexibility in the law, since the standards are easier to change than the legislation, and in any event the companies setting these standards have the expertise, not the legislature.
Code requirements set minimum standards that are supposed to be customary trade practices, and by adhering to these standards, and executing the performance of the work in accordance with the standards, the contractor avoids claims of negligence. The contractor is not likely to be challenged on how or why work was performed in the way that it was when the performance met the standards in place at the time of performance.
End users usually do not possess the knowledge or expertise to establish building codes or security devices. In fact, courts often apply the standard of "the least sophisticated consumer" when considering what a consumer should reasonably know. This low standard imposes further obligation on the contractor, licensed or not, to suggest, design and perform at minimum trade practices, and these practices are defined by codes and other legislation.