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Comments on fire alarm question from September 18, 2013 article 

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Ken

    On the issue of Texas Fire Codes for Residential Fire Alarms

You cannot waive your responsibility to follow the fire code by having the customer sign something. You would still be subject to loss of license or a lawsuit.

Local codes can do more than the state code, but cannot waive the state code. – see below

    The location and quantity for smoke detectors in a residence is governed by NFPA 72 – 2007 Chapter 11– see below.  NFPA 72 – 2007 Chapter 11 allows you to add system detectors if the single station detectors already meet the requirements – see below.

    If you install a single smoke detector in Texas it is a fire alarm system and you need a license from the State Fire Marshal. The license from the Department of Public Safety for the Burglar Alarm does not allow you to put in any fire equipment.

    State fire code requires that the residential fire system meet NFPA 72.

    Local fire marshal decides if permit or inspection is required. It is common to not inspect if a permit is required.

    NFPA 72 allows you to add one system smoke detector if the single station alarms in the site already meet the code.

    That said you always need to do what you need to do to make the local Fire Marshal happy.

Brad Shipp

Executive Director Texas Burglar & Fire Alarm Association

***** More comments follow the quoted statutes

TEXAS INSURANCE CODE - TITLE 20. REGULATION OF OTHER OCCUPATIONS - CHAPTER 6002. FIRE DETECTION AND ALARM DEVICE INSTALLATION

Sec. 6002.003. EFFECT ON LOCAL REGULATION.

 (a) This chapter and the rules adopted under this chapter have uniform force and effect throughout this state. A municipality or county may not enact an ordinance or rule inconsistent with this chapter or rules adopted under this chapter. An inconsistent ordinance or rule is void and has no effect.

 (b) Notwithstanding Subsection (a), a municipality or county may:

 (1) mandate that a fire alarm or detection system be installed in certain facilities, if the installation conforms to applicable state law;

 (2) require a better type of alarm or detection system or otherwise safer condition than the minimum required by state law; and

 (3) require regular inspections by local officials of smoke detectors in dwelling units, as that term is defined by Section 92.251, Property Code, and require the smoke detectors to be operational at the time of inspection.

 (c) A municipality, county, or other political subdivision of this state may not require, as a condition of engaging in business or performing any activity authorized under this chapter, that a registered firm, a license holder, or an employee of a license holder:

 (1) obtain a registration, franchise, or license from the political subdivision;

 (2) pay any fee or franchise tax to the political subdivision; or

 (3) post a bond.

 (d) Notwithstanding any other provision of this section or Section 6002.155, a municipality or county may require a registered firm to obtain a permit and pay a permit fee for the installation of a fire alarm or fire detection device or system and require that the installation of such a system be in conformance with the building code or other construction requirements of the municipality or county and state law.

 (e) Notwithstanding Subsection (d), a municipality or county may not impose qualification or financial responsibility requirements other than proof of a registration certificate.

 (f) A political subdivision may not require a registered firm, a license holder, or an employee of a registered firm to maintain a business location or residency within that political subdivision to engage in a business or perform any activity authorized under this chapter.

 (g) A municipality or county may by ordinance require a registered firm to make a telephone call to a monitored property before the firm notifies the municipality or county of an alarm signal received by the firm from a fire detection device.

 TEXAS ADMINISTRATIVE CODE - TITLE 28. INSURANCE - Part I. Texas Department of Insurance - Chapter 34. State Fire Marshal - Subchapter F. Fire Alarm Rules - 28 TAC §§ 34.601-34.624

 34.607. Adopted Standards

 (a) The commissioner adopts by reference those sections of the following copyrighted minimum standards, recommendations, and appendices concerning fire alarm, fire detection, or supervisory services or systems, except to the extent they are at variance to sections of this subchapter, the Insurance Code Chapter 6002, or other state statutes. The standards are published by and are available from the National Fire Protection Association, Quincy, Massachusetts. A copy of the standards shall be kept available for public inspection at the State Fire Marshal’s Office.

 …..  (13) NFPA 72-2007, National Fire Alarm Code.

 § 34.616. Sales, Installation, and Service

 (4) The planning and installation of fire detection or fire alarm devices or systems, including monitoring equipment, must be in accordance with standards adopted in §34.607 of this chapter (relating to Adopted Standards) except when the planning and installation complies with a more recent edition of an adopted standard or a Tentative Interim Amendment published as effective by the NFPA.

 NFPA 72- 2007 - Chapter 11 Single- and Multiple-Station Alarms and Household Fire Alarm Systems

 11.3.3* The installation of smoke alarms or fire alarm systems or combinations of these shall comply with the requirements of this chapter and shall satisfy the minimum requirements for number and location of smoke alarms or smoke detectors by one of the following arrangements:

 (1) The required minimum number and location of smoke detection devices shall be satisfied (independently) through the installation of smoke alarms. The installation of additional smoke alarms shall be permitted. The installation of additional system-based smoke detectors including partial or complete duplication of the smoke alarms satisfying the required minimum shall be permitted.

 (2) The required minimum number and location of smoke detection devices shall be satisfied (independently) through the installation of system smoke detectors. The installation of additional smoke detectors shall be permitted. The installation of additional smoke alarms including partial or complete duplication of the smoke detectors satisfying the required minimum shall be permitted.

 11.5.1* Required Detection

 11.5.1.1* Where required by applicable laws, codes, or standards for a specific type of occupancy, approved single- and multiple-station smoke alarms shall be installed as follows:

 (1)* In all sleeping rooms and guest rooms

 (2)* Outside of each separate dwelling unit sleeping area, within 6.4 m (21 ft) of any door to a sleeping room, the distance measured along a path of travel

 (3) On every level of a dwelling unit, including basements

 (4) On every level of a residential board and care occupancy (small facility), including basements and excluding crawl spaces and unfinished attics

 (5)* In the living area(s) of a guest suite

 (6) In the living area(s) of a residential board and care occupancy (small facility)

 11.5.1.2 Where the area addressed in 11.5.1.1(2) is separated from the adjacent living areas by a door, a smoke alarm shall be installed in the area between the door and the sleeping rooms,

 and additional alarms shall be installed on the living area side of the door as specified by 11.5.1.1 and 11.5.1.3.

 11.5.1.3 In addition to the requirements of 11.5.1.1(1) through 11.5.1.1(3), where the interior floor area for a given level of a dwelling unit, excluding garage areas, is greater than 93 m2

(1000 ft2), smoke alarms shall be installed per 11.5.1.3.1 and 11.5.1.3.2.

 11.5.1.3.1* All points on the ceiling shall have a smoke alarm within a distance of 9.1 m (30 ft) travel distance or shall have an equivalent of one smoke alarm per 46.5 m2 (500 ft2) of floor

 area. One smoke alarm per 46.5 m2 (500 ft2) is evaluated by dividing the total interior square footage of floor area per level by 46.5 m2 (500 ft2).

 11.5.1.3.2 Where dwelling units include great rooms or vaulted/cathedral ceilings extending over multiple floors, smoke alarms located on the upper floor that are intended to protect the aforementioned area shall be permitted to be considered as part of the lower floor(s) protection scheme used to meet the requirements of 11.5.1.3.1.

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Ken

    With regard to the confusion in Texas, It is imperative that the installing company find out from an AHJ exactly which standard is the ADOPTED CODE in the Stae of Texas.  From there the local jurisdictions can modify and make the requirements MORE STRINGENT but I have never heard of home rule allowing the degradation of a code adopted by the state....

That being siad, NFPA 72, 2013 ( When or if it is adopted) Requires residential systems be tested and inspected ANNUALLY. by a licensed alarm contractor. (Currently adopted codes require a 3 year hiatus between inspections)

It is my understanding that the owner, tenant or landlord can contract this responsibility to a licensed alarm contractor, but cannot waive the responsibility completely.

As I said I am not from Texas but in my muddled mind, I make perfect sense to me.

Joel Kent 

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Ken,

    In the State of Texas the consumer cannot sign their rights away as this question implies. It does not fall under Texas Property code but" Automatic Fire Detection". You must follow Chapter 11 and related chapters of NFPA 72 and Texas Fire Codes and Rules (found on the SFM web site). If you place all required detectors you meet code. If you place one detector in supplement to the existing detectors you meet code as long as the existing devices meet code prior to your installation. Problem with that is existing devices are out of your control. If the homeowner/tenant removes a device and does not put it back up, in Texas, you are out of compliance.

If someone is thinking they can have a waiver and get permission from the owner/tenant that will cover them for installing a system that is not to code they would be assuming a big risk. Years ago when Brinks was giving away one smoke with their new installs they had to pay the State a substantial fine which caused a switch to a free keypad. With Fire protection you have to remember it is LIFE safety and all should take it seriously.

Brian McKinney

Infinity Security Group, Inc. 

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Response

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    Thanks Brian.  Does Texas require a smoke detector in a private single family residence if an intrusion alarm is being installed?  Smoke detectors are required to be installed by a landlord in a multi unit apartment building and only the servicing of those devices can be waived. We did not see anything about private residences.

    Texas appears to be somewhat fragmented.  For example, McKinney, Tx has requirements for commercial fire.  See http://www.mckinneytexas.org/DocumentCenter/View/815   Tomball Tx describes fire alarms here http://www.ci.tomball.tx.us/index.aspx?NID=461 along with plan requirements but it's not specific if it applies to commercial or residential or both.  [I suspect its commercial only  - anyone in Tomball know?]

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Comment on Fire exposure for liability - Manufacturer and AHJ disagree - now what  from September 17 2013

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Ken.

I would like to share a prospective on this subject given to me by an AHJ.  The IDS [intrustion detection system]  does not have the ability to support notification appliances, therefore it is not a Fire Alarm.  Fire detections devices are not life safety in conjunction with IDS, their use is unrestricted in an application where the IFC or NFPA 101 does not require a Fire Alarm.

Perhaps there is additional language on the contract at the point of sale to clarify the application would be in order.

Regards,

Tim Pauline'

Anchor Security

www.anchorsecurity.us

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Response

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    When selling or servicing fire it's important that both the alarm co and the subscriber understand that there are AHJ requirements, whatever they may be.  The alarm co and the subscriber have to make a decision whether they are going to comply with these requirements, and if not, what the consequences can be.  Consequences can range from building violations and fines, loss of license,  to increased exposure to liability for personal injury, death and property damage.      Of course the alarm co should avoid circumventing AHJ requirements and the best practice would be to always comply - that means passing on jobs where the subscriber doesn't want to comply.  Both the Commercial Fire All in One and the Residential All in One make it clear that the parties have, or have not, agreed to comply with AHJ.  Faced with having to make this decision in the contract is intended to push both the alarm co and the subscriber to fully comply with AHJ requirements.

    By the way, we have a very special webinar on fire coming up which will be presented by a fire alarm co servicing the NY metropolitan area.  These fire experts are worth listening to if you're in the fire alarm business or are considering doing that work.  Date of this webinar will be on December 4, 2013.

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Ken:  re advice to Gina

    To install residential fire alarms in Texas you must have a fire alarm license, in order to plan residential fire alarms, determine where the detectors go, you must have a fire alarm “Planner” who will be a NICET Level II or an engineer.  In Texas there are various State and Federal codes which one must adhere to.  If you go to the Texas Department of Insurance you can find everything there.  The systems must be certified, placarded and you must make up point to point drawings, riser diagrams and battery load calculations.  Not many people do this but it just takes one incident and it could be life changing for both your client and you.  The important thing for you to do is to look up what current Standards the State of Texas has adopted as code.  They differ from what the latest issue may be.  We just had new legislation go into effect September 1, so now is a good time.

    You will also find out that there is a huge difference between new construction and old construction work.  This is a problem because when you walk into a home that is out of compliance do you not connect the detectors?  So what little protection they had, they may lose.  That may be the change you are talking about.  You will need to attach a tag to the panel listing the discrepancies and then send a letter to the home owner, certified.

    I hope this helps.  It’s a big responsibility.   Almost forgot, don’t forget about the new Codes for CO detectors as well.      There is a fun problem for us living in Texas.  We have no basements in East Texas and most combustible devices are in the attic.  CO is less dense then the air inside a home.  You can see the problem.

Theodore (Ted) DeMatteo, CPP, CEO/President

Intercontinental Security Services, Inc.

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Ken

    With regard to the fire alarm issues raised in past newsletters........one area grossly overlooked.

    Prior to any discussion with a landlord, tenant, insurance company representative and local AHJ, the alarm company needs to have everyone understand the definition(s) used in the industry. For the new company entering the fire industry, it can be a costly mistake.

    Many of these terms are convoluted and misunderstood by each party. Smoke Alarms are not the same as Smoke Detectors, Remote Monitoring is not the same as Central Station Monitoring and service is not the same as maintenance.

    What you heard me say, is not what I meant applies here.

Respectfully, 

John W. Yusza, Jr., President 

Monitor Controls, Inc.

Wallingford, CT

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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:  What a Security Alarm company needs to know before attempting Commercial Fire Alarm Installations

      Presented by:  Bob Williams, President, and JR McCotter, Chief of Technical Services,   Briscoe Protective Systems Inc  www.briscoeprotective.com.  A fire alarm company servicing NYC and Long Island

      Description:  Many security guys install residential Smoke detectors and think it qualifies them to install Commercial Fire Alarms.  This webinar will address the special considerations fire alarm companies face.  NFPA; NICET; Licensing; AHJ; new installations and take overs

      Who should attend:  Alarm company owners and fire techs.  

 

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