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What are prevailing industry standards and do they apply to you
November 1, 2019
What are prevailing industry standards and do they apply to you
            Title 19 NYCRR Security and Fire Alarm Systems
Part 195 Licensing Regulations For The Business Of Installing, Servicing Or Maintaining Security Or Fire Alarm Systems includes the following:
             "§195.4 Standards Installation, maintenance and servicing of fire alarm systems shall be done in accordance with prevailing industry standards."
            It seems odd to me that the law specifically addresses this for fire alarm systems but not for other systems.  Do you know the history of this and why fire alarm systems are specifically addressed?
            Perhaps your readers might know?  Inquisitive minds want to know.
Alan Glasser, Executive Director
(718) 894-6712
            Interesting bit of legislation.  We know that fire alarms are usually regulated by law and an AHJ.  Most jurisdictions have AHJ inspections for commercial fire alarms.  
            What is prevailing industry standards?  We know there are regulatory businesses, for and not for profit.  UL, ETL, NFPA to name a few.  NFPA regulations make their way into law by adoption in building codes, so prevailing standard or not, that’s how it’s done.  But other alarms are not as well regulated.  Sure, UL has plenty of guidelines and most manufacturers tell you how to install the equipment.  These guidelines and instructions become prevailing industry standards.
            Adherence to industry standards is generally enforced by the AHJ for fire alarms, especially commercial fire alarms required by law.  For other types of alarm and security detection devices there are loads of articles and literature explaining how to perform the installation and service.   
            Prevailing industry standards become important when you don’t follow them and something goes wrong.  You can have all the baloney you want telling subscribers that your way is the better way, but if the subscriber suffers a loss and the devices didn’t do what the subscriber expected, and you have not followed prevailing industry standards you will have an uphill battle against liability.  [that’s why you need a proper contract, though if you’re doing things your way and disregarding industry standards then you probably don’t think you need a contract either – geez, I just realized you probably don’t  read these emails either; what a waste].  
            There are experts out there ready willing and able to testify against you.  They will start by telling the judge and jury what industry standards are and how you failed to comply with them.  Then they will connect your failure to comply with the loss.  You can console yourself by listening to Frank Sinatra on the way home from your deposition or trial.
Party time:
K&K’s annual holiday party will be on December 5, 2019 at Pine Hollow Country Club in East Norwich, NY from 6:30 to 10 PM.  Casual Attire.  Space is limited so please RSVP by November 18, 2019 by emailing our office manager Amy at  
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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