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 ****************************** Do you need to be contractually protected for performing Fire Watch January 24, 2024 *********************** Do you need to be contractually protected for performing Fire Watch ********************** Ken, NYC code states that if a fire protection system is impaired there must be a fire watch. If it is a planned event the fire watch must be in place prior to impairing the system; if an emergency situation (broken pipe, broken alarm) you have 4 hours to correct, and if not restored a fire guard is required. The fire guard(s) must have an FDNY FO1 certificate of fitness. I have FO1 certificate of fitness and sometimes act as fire guards to comply with the FDNY requirements for fire watch during testing, system alterations or repairs. Rarely, but on occasion, we get a call to supply a fire guard while others are doing work on a system in a building we service. Where do we stand contract wise? Do the Fire All in One or and Fire Protection All in One agreements protect us? Do we need a separate or supplemental agreement? Jeff ************************** Response ************************** Good question, and it’s not limited to NYC where fire watch is required, but in all places where NFPA 72 fire watch rules have been codified. Neither the Fire All in One [which is for commercial fire alarms] nor the Fire Protection All in One [which is for fire protection or suppression systems] provide for fire watch. Most fire alarm companies, or alarm companies who sell commercial fire alarms, do not offer fire watch. If a fire alarm is out of service, and the firm alarm is professionally monitored, the central station will notify the dealer, or customer, or both, that the system is out of service. That notification should also advise the customer that fire watch will be required if the system is not restored to service in time. The central station, or alarm dealer if it’s in the loop on the fire alarm is out of service, should also advise the customer what fire watch entails and that it’s the customer’s responsibility to get [and pay for] fire watch. If fire watch is your primary business or you offer it separate from your alarm or fire protection business, you will need a separate contract [which K&K does not current offer]. If you use the Fire All in One or Fire Protection All in One you can provide for fire watch by detailing the service, and cost, in the Schedule of Equipment and Services. You could also use a separate Rider, though there is no reason the wording can’t simply by incorporated in the Schedule of Equipment and Services. Fire watch is of course a costly service because of the man power required, and it exposes you to all if not more of the risk and liability issues you have with the fire alarm or protection systems you install. ************************* STANDARD FORMS 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* 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 / 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
