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 ****************************** more on should alarm co install a non-compliant commercial fire alarm June 1, 2026 **************************** more on should alarm co install a non-compliant commercial fire alarm from article on May 11, 2026 ****************************** Ken If they are not looking for a code compliant system, kindly decline. If you haven't had the pleasure of sitting in a deposition after a wrongful death, heed this warning. It’s exhausting how industry experts looking to blame you for everything including why the system that was installed 20-years ago does not adhere to today’s code. How come the building owner who did not accept your recommendations year after year to install additional protection. Now image having to explain why you installed a system that is not to code. Good luck with that and hope your cell mate is a nice guy. Jason Alcock Wayne Electric Alarms ******************************** Response ******************************** That is rather scary advice; unfortunately it might be accurate. Installing a fire alarm, or what purports to be a fire alarm, and ignoring the permit application process and the regulatory laboratory guidelines [once adopted by a municipality the guideline becomes the law] is a bad idea, could leave you open to civil and even criminal prosecution. The Fire All in One makes it clear that a "to code" system is required. Why does the K&K Fire All in One also have an option to install a non-compliant system? The answer is fairly pragmatic; alarm companies were, and are, installing non-compliant to code systems all the time. The consequences from a regulatory perspective varies from jurisdiction [strict enforcement] to jurisdiction [little or no enforcement]. But the spectra of a catastrophic loss can occur anywhere, and if you think judges and juries in any armpit of America won't come up with the most absurd decisions and damages, think again. Just last week I got a call from a reputable alarm company; been around a long time. The owner assured me that his jurisdiction, in fact his state, had no requirements for a fire alarm, and no enforcement if it did have requirements. I suggested that he was mistaken and he needed to check further. He called the state, found the agency in charge of fire alarms and arranged a call to talk to them. They pointed him to the statewide laws and requirements. I do know that some areas of the country do have little or no enforcement, perhaps not even permits. That could change fast if there is a catastrophic loss attributed to a fire and lack of detection. As Jason mentions, you don't want to be the poster child for that situation. If you know you are not installing per code and getting permits and AHJ inspections, think twice about doing the job and if you do you better document carefully exactly what the Fire All in One states, you recommend a per code installation. Might be a good idea to require the Disclaimer Notice in which you provide another recommendation that the customer ignores. ****************************** 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
