KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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smoke alarms and CO detectors in Kansas and Missouri and elsewhere / ISC meetings
March 3, 2023
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smoke alarms and CO detectors in Kansas and Missouri and elsewhere
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Ken:
Please have someone review the laws for smoke alarms and CO detectors in Kansas and Missouri.
Drilling further down – is our technician using a calibration smoke device to ensure the smoke detector is still within specs sufficient to meet the intent of the NFPA-72 / UL compliance? OR, will, after 10-years, will ANY smoke detector have to be replaced – even if it meets the obscuration ‘spec’?? Again, this would be for either Missouri or Kansas?
Here is the huge issue, many alarm companies and even factory reps may not be aware of:
Effective January 1st, Bosch exited the fire alarm industry, as we know it.
The reason, I was informed, was due to the 2-issues that were looming for the entire fire alarm industry:
The new ‘purple mattresses’ that were being sold would not trigger a smoke detector due to the fast and ‘clean’ burning fire. Thus, a smoke detector would be useless. The mattresses burned so hot they did not put off the smoke that were at that time calibrated for.
The new UL / NFPA spec for the ¼ ground beef stove fire that would NOT trigger a false alarm.
As such, effective January 1st (I was informed), UL would no longer allow listing of these smoke detectors. Thus, we would not any longer be able to purchase smoke detectors from our main vendor – Bosch.
If we can continue to test smoke detectors during our service calls for our residential customers, this will give us a high sigh of relief.
AND for our commercial customers, we would provide this service during the annual required inspection that we provide.
SO, your comments are MOST appreciated – and could be utilized as you see fit for your blog as I’m sure this may come as a shock to a lot of dealers who have not experienced this ‘surprise’…
Joe
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Response
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Below is the list of states and the requirements according to https://ipropertymanagement.com/laws/carbon-monoxide-smoke-detectors#state-monoxide. [provided curtesy of Richard Kleinman – thank you]
The chart doesn’t specify what devices are actually required. The cite explains:
” While many states adopt the NFPA or IFC Fire Code, city, county, or other municipal jurisdictions may have additional code requirements regarding smoke and carbon monoxide detectors. Most state laws do not limit municipality, county, or other local government authority from adding additional requirements to the State law.
While some states, such as Missouri, do not have statewide laws regarding carbon monoxide detectors or smoke alarms, cities, towns, and other local authorities within the state do have ordinances and laws. It’s always best to check ordinances and fire code laws on the state, county, and municipal levels.”
Are you required to use UL Listed equipment? That’s a code issue. Below is code compliance for New York State.
Regarding Bosch getting out of the fire alarm end of the business, this brings up a new question. Components of systems are tested together for approval by UL. For instance, in order for a system to comply with UL, the smoke detector (or any other device) needs to be tested when in use with a particular panel. So, if Bosch is getting out of the business, you will not be able to get a Bosch smoke detector. If one needs to be replaced, it will need to be replaced with either a smoke detector that has already been tested with the Bosch panel or a new panel may need to be installed that works with the existing smokes and the new one (or replace them all). In a commercial setting, if you replace everything you may need to file again.
CARBON MONOXIDE DETECTOR REQUIRED? [first response]
SMOKE DETECTOR REQUIRED? [second response]
ALABAMA
Yes
Yes
ALASKA
Yes
Yes
ARIZONA
Yes
Yes
ARKANSAS
Yes
Yes
CALIFORNIA
Yes
Yes
COLORADO
Yes
Yes
CONNECTICUT
Yes
Yes
DELAWARE
Yes
Yes
FLORIDA
Yes
Yes
GEORGIA
Yes
Yes
HAWAII
No
Yes
IDAHO
Yes
Yes
ILLINOIS
Yes
Yes
INDIANA
Yes
Yes
IOWA
Yes
Yes, dual (photoelectric/ionization) sensor required.
KANSAS
Yes
Yes
KENTUCKY
Yes
Yes
LOUISANA
Yes
Yes
MAINE
Yes
Yes, photoelectric type required
MARYLAND
Yes
Yes
MASSACHUSETTS
Yes
Yes, photoelectric type required, dual (photoelectric/ionization) sensor required in new construction
MICHIGAN
Yes
Yes
MINNESOTA
Yes
Yes
MISSISSIPPI
Yes
Yes
MISSOURI
No
Yes
MONTANA
Yes
Yes
NEBRASKA
Yes
Yes
NEVADA
Yes
Yes
NEW HAMPSHIRE
Yes
Yes
NEW JERSEY
Yes
Yes
NEW MEXICO
Yes
Yes
NEW YORK
Yes
Yes
NORTH CAROLINA
Yes
Yes
NORTH DAKOTA
Yes
Yes
OHIO
Yes
Yes, dual (photoelectric/ionization) sensor required in new construction
OKLAHOMA
Yes
Yes
OREGON
Yes
Yes with hush mechanism
PENNSYLVANIA
Yes
Yes
RHODE ISLAND
Yes
Yes
SOUTH CAROLINA
Yes
Yes
SOUTH DAKOTA
Yes
Yes
TENNESSEE
Yes
Yes
TEXAS
Yes
Yes
UTAH
Yes
Yes
VERMONT
Yes
Yes, photoelectric type required
VIRGINIA
Yes
Yes
WASHINGTON
Yes
Yes
WEST VIRGINA
Yes
Yes
WISCONSIN
Yes
Yes
WYOMING
Yes
Yes
This is from New York State – not all states will have same requirements but shouldn’t be too different.
Smoke Alarms and Heat Detectors in Residential Structures
This issue of the Code Outreach Program will give a brief overview of the requirements for smoke alarms, heat detectors, and smoke alarm
interconnection in new and existing structures regulated by the 2020 Residential Code of New York State (RCNYS). Section 202 of the 2020
Fire Code of New York State (FCNYS) defines smoke alarms as “a single- or multiple-station alarm responsive to smoke.” Smoke alarms are
devices which typically include both a smoke detector and an audible (and/or visible) alarm in one unit. Requirements for carbon monoxide
detectors are not addressed in this issue. In many existing residential structures, existing smoke alarms are not interconnected, meaning the
activation of any individual alarm does not activate other alarms within the structure. However, Section R314.4 of the 2020 RCNYS requires
smoke alarms to be interconnected in all new construction that includes dwelling units, and Appendix J of the 2020 RCNYS requires
interconnection between smoke alarms in some existing buildings undergoing modifications. All section numbers included below reference the
2020 RCNYS unless otherwise noted.
Required Locations
Per Section R314.3, smoke alarms are required:
• “In each sleeping room.”
• “Outside each separate sleeping area in the immediate vicinity of the bedrooms.”
• “On each additional story of the dwelling, including basements and habitable attics and not including crawl spaces and
uninhabitable attics.”
Smoke alarms shall be installed as follows (all distances shall be measured horizontally), unless these constraints would prevent the
installation of an alarm in any of the required locations listed above:
• Smoke alarms - not less than 3 feet from the door or opening of a bathroom that contains a bathtub or shower.
• Ionization smoke alarms - not less than 20 feet from a permanently installed cooking appliance.
• Ionization smoke alarms with an alarm-silencing switch - not less than 10 feet from a permanently installed cooking appliance.
• Photoelectric smoke alarms - not less than 6 feet from a permanently installed cooking appliance.
Per Sections R314.2.3 and R314.4.1, heat detectors “shall be installed in new garages that are attached to or located within new and existing
dwellings” and “shall be connected to an alarm or smoke alarm that is installed in the dwelling unit.” Heat detectors are not required in
existing garages, except where such existing garages are required by the Uniform Code to meet the requirements for new construction.
Interconnection in New Construction
For new construction, smoke alarms “shall be interconnected in such a manner that the actuation of one alarm will activate all of the alarms
in the individual dwelling unit” per Section R314.4. Smoke alarms can be interconnected physically (wired together) or by listed wireless
devices designed for this purpose. Smoke alarms within two-family dwellings and townhouses do not need to be interconnected between
adjacent dwellings–only within the individual dwelling unit.
Interconnection in Existing Buildings
Per Sections AJ401.8, AJ501.6, and AJ601.8, repairs and alterations “shall be done in a manner that maintains the level of fire protection
provided.” Existing interconnected smoke alarms cannot be replaced by non-connected smoke alarms even if, absent the existing
interconnected smoke alarms, the 2020 RCNYS would otherwise permit an existing dwelling unit of this type to have non-connected smoke
alarms. Except in bed-and-breakfast dwellings, for additions or alterations to existing buildings, smoke alarms within the new construction
area(s) are not required to be interconnected to existing smoke alarms outside the new construction area(s) which are either not currently
interconnected or are unable to be interconnected with the new smoke alarm devices.
All modifications to existing structures require smoke alarms to be located “as required for new dwellings” for any construction which
involves modifications to the interior of the structure (per AJ401.8.1, AJ501.6.1, and AJ601.8.1). Except for bed-and-breakfast dwellings,
interconnection of the smoke alarms is not required “where existing interior wall or ceiling finishes are not removed to expose the structure.”
Power Source Requirements
In new construction, smoke alarms and heat detectors are required to receive primary power from building wiring and have battery backup,
with a few exceptions (R314.6). In existing buildings undergoing repairs or either level of alteration, smoke alarms which operate solely from
battery power are permitted to be installed “where existing interior wall or ceiling finishes are not removed to expose the structure”
(AJ401.8.2, AJ501.6.1.1, and AJ601.8.1.1) Battery-powered smoke alarms are not required to be interconnected.
Maintenance Requirements
Per Section 907.10 of the 2020 FCNYS: “Smoke alarms shall be tested and maintained in accordance with the manufacturer’s instructions.
Smoke alarms shall be replaced when they fail to respond to operability tests, or when they exceed 10 years from the date of manufacture,
unless an earlier replacement is specified in the manufacturer’s published instructions.”
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ISC West group and private meetings
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It’s time to prepare for ISC West at end of March. I am going to schedule group discussion meetings and private meetings. To reserve a spot at a group or private meeting please contact Stacy Spector,Esq. 1 516 747 6700 x 304 or SSPector@Kirschenbaumesq.com, K&K’s Concierge Program coordinator [you don’t have to be a Concierge Client to reserve a spot]. Topics, private meetings and schedule are TBD.
I will be available for private meetings and consultation. I will also coordinate and attend, if you like, private meetings with some of those who will be participating in group discussion meetings.
Anyone who wants to lead a group discussion or have ideas for a discussion should contact me to be included in the schedule.
The following are some of the group meetings I am planning [and will coordinate private meetings with these industry experts]
Still time for lenders, brokers, consultants, central stations and other vendors to sign up schedule private or group meetings. We will coordinate. Call Stacy today 1 516 747 6700 x 304
* What buyers look for and how they evaluate your business. Meet one of the most active buyers of central stations, alarm companies and alarm accounts paying the highest multiples.
* How lenders view your company and decide on financing your business or your acquisition. Meet one of the most active lenders in the alarm industry
* How the value of your alarm RMR is calculated and how non-RMR is calculated. Meet one of the most knowledgeable tax and business consultants in the alarm industry
* What you should expect from your central station and what you can expect at the top central station in the business.
* Employee Retention Credit: meet with tax expert to discuss if you’re eligible
* Alarm contracts: which ones you need and which ones you should have. Group or private meeting with Ken Kirschenbaum
* Buy-Sell deals: Thinking about or ready to sell? Meet with Ken Kirschenbaum to discuss best ways to increase value and get ready to sell or buy.
* AIN buying group. Meet with Stan Matysiak in group or privately, time well spent
* Brokers: discuss options and what to expect
* Thinking of selling: Discuss multiples and what your company is worth
* E&O coverage: What's available; what do you need; where to get it
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STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com
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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.
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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
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