KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comments on Does Fire Marshall have to be notified prior to termination of commercial fire alarm monitoring
May 23, 2023
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Comments on Does Fire Marshall have to be notified prior to termination of commercial fire alarm monitoring from article on May 16, 2023
May 16, 2023
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Ken
Regarding PM’s question about notification of the Fire Code Official, I will quote the Fire Code of Tennessee, current version (2012)
For?fire alarm systems?required to be monitored by this code, notice shall be made to the?fire code official?whenever alarm monitoring services are terminated.
Notice shall be made in writing, to the?fire code official?by the monitoring service provider being terminated.
??????????Not addressed in Fire code,?but here is verbiage related to impairments
Where a required?fire protection system?is out of service, the fire department and the?fire code official?shall be notified immediately and, where required by the?fire code official, the building shall be either evacuated or an?approved?fire watch?shall be provided for all occupants left unprotected by the shutdown until the?fire protection system?has been returned to service.
Where utilized,?fire watches?shall be provided with not less than one?approved?means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires.
The building?owner?shall assign an?impairment coordinator?to comply with the requirements of this section. In the absence of a specific designee, the?owner?shall be considered to be the?impairment coordinator.
A tag shall be used to indicate that a?system, or portion thereof, has been removed from service.
The tag shall be posted at each fire department connection,?system?control valve,?fire alarm control unit,?fire alarm?annunciator?and?fire command center, indicating which?system, or part thereof, has been removed from service. The?fire code official?shall specify where the tag is to be placed.
Preplanned impairments shall be authorized by the?impairment coordinator. Before authorization is given, a designated individual shall be responsible for verifying that all of the following procedures have been implemented:
??????????1.???????The extent and expected duration of the impairment have been determined.
2.???????The areas or buildings involved have been inspected and the increased risks determined.
3.???????Recommendations have been submitted to management or the building?owner/manager.
4.???????The fire department has been notified.
5.???????The insurance carrier, the alarm company, the building?owner/manager and other authorities having?jurisdiction?have been notified.
6.???????The supervisors in the areas to be affected have been notified.
7.???????A tag impairment?system?has been implemented.
8.???????Necessary?tools?and materials have been assembled on the impairment?site.
Where unplanned impairments occur, appropriate emergency action shall be taken to minimize potential injury and damage. The?impairment coordinator?shall implement the steps outlined in?Section 901.7.4.
Where impaired equipment is restored to normal working order, the?impairment coordinator?shall verify that all of the following procedures have been implemented:
??????????1.???????Necessary inspections and tests have been conducted to verify that affected?systems?are operational.
2.???????Supervisors have been advised that protection is restored.
3.???????The fire department has been advised that protection is restored.
4.???????The building?owner/manager, insurance carrier, alarm company and other involved parties have been advised that protection is restored.
5.???????The impairment tag has been removed.
It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection and alarm?system, fire suppression?system?or other fire appliance required by this code except for the purposes of extinguishing fire, training, recharging or making necessary repairs or where?approved?by the?fire code official.
??????????Fire Code of NYS (International Fire code 2018-adopted by NYS)?
For the purposes of your writer, Tenn. uses the same code, except the 2012 version.??
Joseph Hayes
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Ken,
??????????Regarding PM’s question on May 16th?asking whether he needs to notify the Fire Marshal prior to terminating fire monitoring for non-payment.?I would think that it would be a good collection tool, “please be aware that if we terminate the fire monitoring we will have to notify the Fire Marshal.”?It doesn’t seem extortionate to me, he would jut be educating the customer regarding the laws.
?Mitch Reitman
817 698 9999 x 101
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Ken
??????????In the simplest terms possible,?
THE GOVERNMENT?OF THE UNITED STATES DOES?NOT?REQUIRE YOU TO WORK FOR FREE!
??????????Just cover your ass by emailing the AHJ, the Owner(s), and the tenants. (all parties concerned or affected by this)
??????????Also, send certified RECEIPT REQUESTED hardcopy letters.?
Even if they don't sign it, you have covered?yourself, and the letter will be returned to you. (Hold onto it, and don't open it.)
??????????Lastly, follow whatever specific guidelines?you have with the agreement that was signed by an authorized?representative?for the location.
Dimitry Boss
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Ken,
??????????In Nevada we have to provide the client and the AHJ a 30 day written notice prior to cancellation of monitoring and inspection services.
I’m not sure about other jurisdictions.
?Respectfully,
Mark E. Swanson
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Ken,
??????????Yes, you do need to provide AHJ about monitoring termination. In Ohio it is 1301:7-7(9) or directly 901.9 it reads as follows:
??????????For fire alarm systems required to be monitored by this code, notice shall be made to the fire code official whenever alarm monitoring services are terminated. Notice shall be made in writing, to the fire code official by the monitoring service provider being terminated.
??????????Hope this helps out,
Ron
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Ken:
??????????We had a similar circumstance with TWO Pizza Places in different states (Mo & KS) and the Fire Marshal became our BEST FRIEND.
We informed the AHJ of need to terminate service due to non-payment and all of a sudden I got a personal phone call from the owners asking me to PLEASE not turn service off!
??????????And, in one case, he is now wanting us to auto-debit his account to ENSURE he never again gets a ‘friendly visit’ from the Fire Marshal!!!
??Respectfully,
Joseph Pfefer
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Ken:
??????????I am sure you will receive a number of responses to your May 16, 2023 email.?From an NFPA 72 perspective, you are absolutely correct that when terminating monitoring, both the client and the AHJ must be notified.?The 2013 Edition of NFPA 72, and every edition (2016, 2019, 2022) since, it has stated this:
??????????The supervising station shall report to the authority having jurisdiction any fire alarm system for which required monitoring has been terminated. [10.21.3 – 2013 Edition]
??????????Supervising station customers or clients and the authority having jurisdiction shall be notified in writing within 30 days of any scheduled change in service that results in signals from the client's property being handled by a different supervising station. [26.2.7.1 – 2013 Edition]
??????????The supervising station shall notify the authority having jurisdiction prior to terminating service. [26.2.7.4 – 2013 Edition]
??????????The onus for this requirement is placed on the “supervising station”, but usually that flows down to the entity that contracted the monitoring with the client.
??????????Interestingly, the above requirements were new to the 2013 Edition of NFPA 72.?In Tennessee, they are still on the 2012 Version of the IBC/IFC (according to?https://codes.iccsafe.org/codes/tennessee), which references the 2010 Edition of NFPA 72, unless the local jurisdiction has adopted a newer version.?However, while their may be a “loophole” that would not directly require AHJ notification, it is a long-standing rule in 4 editions of NFPA 72 and it is the correct thing to do.?What an AHJ might do with that information is another matter.?If fire sprinkler system monitoring is involved, then an AHJ will most likely strongly enforce the requirement of the client to continue (and pay for) monitoring services.
?Thanks,
LARRY D RIETZ, SET, CFPS
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Ken,
??????????Have a similar dilemma. We took over, serviced &?monitored an existing permitted residential fire alarm system. The system was installed by the original builder of the house with plans,?permits, etc.?
??????????Recently the fire up panel went bad & we?quoted the customer to have it replaced like-for-like. Next thing we know he's found another company to bootleg the fire detection into the existing burglar alarm which we also monitored & no longer. This is a non-approved application & deviates from the original permitted standalone fire system.
??????????We're negotiating with the owner?to pay the balance of his contract off?but are we obligated to inform the AHJ of the current 'facts on the ground'?
??Thanks you for all you do,
?Danny
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Ken
??????????There are references to this in NFPA72 2010, 2016, and 2019. In Indiana (NFPA72 2010 with Indiana amendments) only the “owner” must be notified for out of service or impairments. In Indianapolis, however, there is a program that requires a provider/participant to update a portal when deficiencies are found or a system is out of service.
??????????One would need to check the state’s current code adoption to determine what version they follow and what amendments are in place at any given time. Attached is a reference from TN.
Bryan Smith
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Response
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??????????Thank you to all who took the time to share their expertise and knowledge.?
??????????Notify the AHJ if terminating service or if suspension of service will be extended time.??If you install fire alarms you should be familiar with NFPA 72 or at least have the cell number of one of the above on your speed dial.
??????????The Fire Marshal can be your best friend when it comes to enforcing your fire alarm contracts.??A Fire Marshal that notifies your subscriber that the building will have to shut down or incur the expense of a fire watch should bring all but the most hardened dead beats to the table to sign the contract or make the payment owed.
??????????For commercial fire use the?Fire All in One.
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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