KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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what to do when fire alarm subscriber won't repair system / Group and private meetings at ISC
March 3, 2026
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schedule FREE Private or attend Group meeting at ISC
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You should have planned your trip to Las Vegas for the ISC West 2026 show; hopefully you have time to spend and meet with your attorney. There will be Group meetings - topics to be announced and hosted by Ken Kirschenbaum and guest hosts, Rory Russell and MItch Reitman and Shawn Iverson, all of whom will also be scheduling private meetings. We will I'll be at the Palazzo scheduling meetings at the Prestige Lounge. To book time for free consult or inquire about attending a Group Meeting or scheduling with Mitch, Rory or Shawn, contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com. Concierge Client can also contact the Concierge Program Coordinator, Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com.
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what to do when fire alarm subscriber won't repair system
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Ken,
You have probably previously addressed this issue in your forum and thanks for being a great voice in our industry. We have a customer whose fire panel in the senior care facility is not working properly. It is in ground fault and we have determined it is an internal board issue, and it is not sending daily auto test as required by code. The panel does trip and send alarm signals when tested. We have proposed upgrading it. The customer doesn't want to upgrade it due to cost. How would you suggest handling this situation.
Thanks,
Chris
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Response
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I'm confused; "in ground fault" and "not working properly", yet it is sending test signals. I can't answer that technical question.
I can answer what happens if the subscriber won't pay to fix a system that you believe to be not functioning properly; in need of repair and you aren't under contract to repair it. Under that circumstance you should notify the customer that it is the customer's responsibility to continue paying the RMR for monitoring and repairs [ordinary wear and tear] whether the system is working or not. If not working you need to notify the subscriber in writing; if a fire alarm you need to notify the Fire Marshal and the subscriber.
I asked a fire alarm expert to opine on the technical issue. Here is Peter Goldring's response: [BTW Peter is available for consultation services]
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Ken,
Here are some relevant NFPA 72 sections:
1. System Impairments (NFPA 72 – 10.19 / 14.2.2.4). A fire alarm system that is not functioning properly—such as a control panel in ground fault or failing internal diagnostics—is considered an impairment.
NFPA 72 requires that impairments be corrected without delay and that the system be restored to a fully operational condition.
2. Responsibility of the Owner (NFPA 72 – 10.4.1). The owner (or their designated representative) is responsible for maintaining the system in operating condition and correcting any deficiencies identified by testing, inspection, or service.
Once notified of a system deficiency, the owner is responsible for authorizing repairs or upgrades needed to restore full compliance.
3. Documentation of Deficiencies (NFPA 72 – 14.2.2.2.3). Any deficiency affecting system functionality must be reported in writing to the owner and the AHJ when not corrected
If the control panel has an internal board failure and is displaying a ground fault condition, the system is not compliant with NFPA 72 and cannot be considered fully reliable for life safety—particularly in a senior care occupancy, where residents may not be able to self-evacuate.
Chris said he “proposed” an upgrade. My approach would be to inform the customer that the system is impaired, cannot be relied upon to detect fire or notify occupants and “must be replaced without delay”. Here are the steps:
1. Provide written notice to the customer that documents - the ground fault condition, the internal panel failure, the recommendation to upgrade/replace the panel and that continued operation in this condition is non-compliant under NFPA 72.
2. Advise the customer that temporary operation does NOT meet code. Even though the panel still transmits alarms when manually tested, NFPA 72 requires no impairments and a fully functional control unit. A fire panel with known internal faults cannot be considered reliable, and no technician can certify or tag it as compliant.
3. Regardless of whether the customer agrees to correct the impairment, notify the AHJ. Among other things, the AHJ may require a fire watch and/or make onsite security and first responders aware of the impairment so pre-incident plans can be adjusted.
Selling and servicing code required services carries great risk when systems function perfectly. When they don’t, it’s critical to address problems as they arise.
Best,
Peter Goldring, SET, CFE
516-640-1410
peter@goldringprotection.com
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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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