KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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which contract is appropriate for commercial fire owned by individual
July 7, 2025
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which contract is appropriate for commercial fire owned by individual
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Ken,
I occasionally come across subscribers who own multi-family residential buildings in their own personal name and have not set up an LLC or corporation for ownership. These types of structures sometimes require commercial fire alarms to be installed.
In these cases, are we safe to use the Commercial Fire Alarm Agreement even though at the top of the contract it would say, ‘John Doe’?
What if it was a camera or intrusion system that was not required by code, which All in One is appropriate, commercial or residential?
Thanks.
Ryan from NJ
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Response
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For purposes of this question there are two basic contracts, residential or commercial. Which contract to use doesn't depend on the identity of the subscriber, but on the character of the premises. Most states define a consumer, requiring a consumer contract, for personal residential use. Thus, if the premises is a single family personal residence, as opposed to investment property that is rented out as a commercial enterprise, you would use the Residential All in One.
Typically a two and maybe three family premises, occupied by the subscriber, would be classified as residential and you would use the Residential All in One. If the subscriber did not live in the premises then the Commercial All in One would be used.
If the premises is larger than single or three family premises, it's commercial property, even if the subscriber lives in one of the units; you would use the Commercial All in One. Keep in mind that unlike the Residential All in One, the commercial contracts are separate for Fire and everything else. So if it includes a fire alarm, use the Fire All in One. If the job is for any other security, cameras, access control, environmental, etc., use the Commercial Security All in One.
The contract to use is not governed by the identity of the subscriber. A person can own any property in his individual capacity, personal residence or investment or business. Likewise, an legal entity, other than a person [LLC or corporation] can own property. If you have a single family residence that's owned by a corporation or LLC, and you know that the premises will be occupied by the person signing on behalf of the legal entity, I would use the Residential All in One. Not to confuse you, but you can always err on the side of caution by using the Residential All in One rather than the commercial contracts, though the commercial contracts are certainly better suited for the commercial properties.
When in doubt, call me to confirm, especially if you're a Concierge Client.
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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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