Your Exposure for Commercial Fire Work Not Complying with Code  

April 20,  2013

 

Question - Addition to Fire Alarm Not to Code

****************

Ken,

I have a customer that has ask me to wire a duct detector as a supervisory zone into his existing panel.   My issue is that the panel is UL rated for residential fire but not commercial fire and this is a bank open to the public.  I suggested that we upgrade to a panel UL rated for commercial fire as I feel that I could be held liable should something happen and the panel not have the proper rating.  I also don't believe that it would not meet code.

Am I correct in my thinking that should something go wrong that I could be held liable, or can I get a letter of deviation from the AHJ before doing the work and would that cover my bases.

My customer is really hounding me to do this work , so your advise would be greatly appreciated. 

Thank you in advance for your advice.

anon

******************

Answer

******************

     Installing or working on a commercial fire alarm that you know is not installed to code and not properly permitted, where permits are required, does leave you exposed, and that exposure can be for civil as well as criminal liability.  Don't do it.  You need to explain to the subscriber's representative who is pushing you to do the work that he or she actually has more exposure than you do.  You can also explain that if criminal charges are made they will be against this person.  I would be surprised if any employee at the bank would be willing to accept this personal exposure just to save a few bucks on a new panel and programming.  

    If you don't get the job let your AHJ know about the potential threat to the public; it's your civic duty.

    If you used the Standard Fire All in One it would alert both you and the subscriber to the necessity to comply with code and AHJ requirements.  If you do commercial fire there is no substitute for this contract - get it and use it.



TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.