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Question

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Ken,

    I am a small security company in Northern Virginia, and  have received numerous requests from small businesses to install smoke &  fire detectors when installing intrusion detection systems (IDS). The  local authorities having

jurisdiction (AHJ) from two different counties in  Virginia are fine with the idea, noting there is no code requirement for UL  listed fire panels and/or associated devices (UL smoke/fire sensors) in small  mercantile establishments. They contend that a smoke and/or fire sensor can be installed in such an establishment in conjunction with an IDS, noting the code  does

not require a UL listed device. They agree that some smoke & fire  detection is better than none. 

    Unfortunately, Honeywell does not agree with  that perspective, citing NFPA 101 & 72, and UL requirements that stipulate only UL-rated panels and fire-rated devices are acceptable for fire detection  in commercial environments.     Currently, an IDS can be installed together with non-UL  rated fire and smoke detectors in residential settings, and Honeywell supports  that perspective. However, Honeywell, and perhaps other manufacturers mandate that, a commercial environment, even a mom & pop sized business,  requires the installation of a UL-rated fire panel and UL-rated fire and smoke  sensors

(at 2-3 times the cost) to maintain compliance with NFPA-101/72 and UL requirements.  

    Can you let me know where you stand on this issue.  Specifically, should I listen to the state AHJs and proceed with the  installation as described,  or decline based on Honeywell's perspective that I  would be using non-compliant and potentially harmful equipment in the event of  fire, and therein liable for damages? 

    Also, would your general sales contract  protect me from suggested liabilities when acting in accordance with state  law?

Thank you,

Dennis G.  Jones, CPP, Managing Director

Chapel ARMS, LLC

Warrenton, VA

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Answer

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    A tough call.  My question is, has the AHJ given you approval of your installation in writing?  If all you are getting from the AHJ is that there are no specific statutory requirements for the added fire alarm protection then I don't think that constitutes approval; it means the AHJ is not going to raise objection.  That doesn't mean that you should depart from industry customary standards.  I am not technical enough to know what UL or NFPA requires in the small commercial premises, but it's not a good idea to use a product in contravention of the manufacturer's recommended use.  Failing to comply with UL or NFPA requirements would be considered a departure of industry standers, which could be introduced at a trial to establish negligence on your part.  

    If you are getting written approval from the AHJ then I'd have to say that approval trumps other considerations.  The buck stops with the AHJ.  

    The Commercial Fire All in One makes this clear to both you and your subscriber.  Make sure you are using this contract for all commercial jobs; there is no substitute.

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