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 ****************************** follow up on test signals failing to communicate June 3, 2026 ************************** follow up on test signals failing to communicate from article on January 12, 2026 *************************** Ken, The words "should" and "shall" are important. NFPA makes no mention of the word “shall” regarding a servicing company maintaining the proficiency of a system. It clearly states it’s the owner’s responsibility to hire an approved company. Local jurisdictions have codes and responsibility to notify the Fire Marshall but ultimately it is the building owner’s responsibility. Also NFPA clearly states the testing methods and maintenance but it’s entirely the customers responsibility to do so. FDNY does add responsibility of the central station communicator to the central station but it’s the responsibility of the servicing company to maintain the system. Make sure you have a K&K contract. Not selling it just great advice. The Thanks, Matt Imken APS Security ***************************** Response ***************************** Should and Shall do mean something different, and so do lot of other words in the contracts, in fact, most of the words. Should seems to be a suggestion, while shall is mandatory. The onus to have a working fire alarm is on the owner, but the owner delegates that duty to the alarm company pursuant to contract; the alarm company agrees by that same contract to undertake the performance. it is not unusual that alarm companies get fined for working on fire alarms without a required permit; but it's the owner who gets the fine for not having a fire alarm and it's the owner who might need fire watch. A dealer agrees to provide monitoring service and that includes failure to test signals, which are handled differently than an alarm condition. The dealer, who subcontracts to the central station, agrees to program the panel for test signals and to notify the subscriber if test signals are not received. Central station UL certified systems are a bit different because its the central station, as the approved monitoring center, who agrees to provide the monitoring services direct to the subscriber. I'm pretty sure that's how it works, though experts are welcome to chime in. ************************************ 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
