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 ****************************** Inspection report on fire alarm take over finds multiple problems October 6, 2025 ******************** Inspection report on fire alarm take over finds multiple problems ********************* Ken A fire alarm firm enters into a service agreement that includes service calls plus testing and inspections of a fire alarm system in a building. Prior to doing so they perform some very limited diligence such as going through the job and looking at the past firms test and inspection history records on site prior to providing this. The agreement executed to do this work is one of yours, K & K. After the first inspection it is determined that there is major operation issues of great concern not limited to the elevators not being recalled upon the operation of the elevator lobby smoke detectors, the HVAC systems not shutting down, fire sprinkler device issues etc. Not per say with the fire alarm system be related system required operations or let’s say there are also fire alarm system related as well. Upon notifying the customer officially and then confronting them directly on these items that they failed to mention from the start, probably on purpose, they inform you that all they want you to do is the inspection and not to be concerned about those issues and problems since they have no intentions of addressing them. Ultimately it is your neck on the line if something happens on this job as the service company of record. While many who read this will say report them to the local authority, that in itself will cause a problem for them as well as you since you have an agreement in place to perform the inspections for a set period of time that does not require that all problems found must be corrected. Plus, you are putting your firm under the microscope with the local authority on other jobs that you have as well by doing so. With that said, what are your contractual obligations here as well as liability despite officially informing the customer of the problems at hand that they refuse to rectify? Does your agreement have an escape clause for such a situation or penalty clause in order to force the necessary repairs be made or are you obligated to maintain the agreement despite the problem at hand and continue to do inspections? Is there an escape clause that allows you to terminate and walk away of the agreement or what? If not, these things must be added since this is a real-world situation the anyone in the fire alarm business has or will face. Yours truly, UNDER THE GUN ****************** Response ****************** This would be a problem of your own making and not a problem a K&K client should face. Since you laid out the facts, created the scenario, we will stick to them in the analysis. You find a few issues troubling. Among them, you did have an opportunity to inspect and survey the fire alarm system prior to entering into the contract; the AHJ has you as the fire alarm company responsible for the fire alarm at that location and for that customer, and multiple deficiencies discovered in the first inspection. Your salvation rests in the Fire All in One, which your scenario also includes. The only service to be covered and provided in the scenario is Inspection; that's the box checked. Your service is therefore limited to doing the inspection; it most certainly does not, in your scenario, include a Service Plan [supported by RMR]; at best it includes the "per call" repair service option, which does not obligate you to perform repairs unless you're asked to by the customer and you want to and you can agree on the cost of the repair with the customer. If you had a Service Plan with RMR then you would have made a serious mistake by not using the Disclaimer Notice and getting it signed before you agreed to a Service Plan. You should have been paid for your initial inspection, by the way, before agreeing to undertake servicing, repair, or monitoring, a fire alarm system installed by someone else, a take-over. [same with a security system]. Had you agreed to a Service Plan then you would be responsible for ordinary wear and tear repairs in accordance with the Fire All in One [and likely in a battle with the subscriber about the other repairs needed]. I don't see the concern with the AHJ. In your scenario your service is limited to Inspection. You do the inspection and render your report. If required to send to the AHJ, send it. If not, do what you're supposed to do with it. It's the subscribers responsibility to deal with repairs if they are necessary. ********************** STANDARD FORM AGREEMENTS: To order up to date Standard Form 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / 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. ************************** 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
