When we work with businesses to create security plans, we must keep several things in mind. Every property has its own unique security needs. Additionally, every customer has their own expectations and desired security experience. On top of these variables, we even have to make sure that the work we perform falls within the letter of the law. We must follow several national codes and local laws when designing and implementing any commercial security plan. In this post, we’ll help you understand how we go about avoiding security-related legal issues when designing and installing security measures for businesses.
First, we’ll focus on some door hardware-related issues that we see in commercial spaces. In this section, we’ll review how your locks can violate fire codes and ADA compliance regulations. Moreover, we’ll also show you how a new form of temporary locking hardware has created legal issues in this area as well. From there, we’ll shift our attention to some specific fire safety no-no’s. These will include both fire alarm-related issues as well as some fire extinguisher follies. Failing to heed these codes and laws can leave you lighter in the pocket due to fines. More importantly, violations can also lead to insurance issues, as we’ll discuss. Therefore, knowing where to find the guidelines for these security measures and how to follow them properly goes a long way. Now, let’s dive in with a look at some door hardware-related security issues.
Installing Door Hardware That Violates Legal Codes
Our post on Choosing the Right Commercial Lock Equipment pointed out that choosing locks for your business involves more than just picking effective and attractive hardware. On the contrary, installing the proper commercial locks requires following many sets of legal guidelines. Failing to do so could result in failing safety inspections. In extreme cases, installing the wrong locks can lead to legal action if it causes an issue during an emergency. Let’s look at some of the ways that locking hardware can create an illegal commercial security situation.
Many doors in a business require a crash bar, such as this model by Corbin Russwin, to provide easy escape in the case of a fire.
Failing to Meet Fire Safety Requirements
Across the board, failing to meet fire safety requirements remains one of the most common ways for business owners to find themselves failing inspections and/or in legal trouble. Later on we’ll look at this concept from a couple different angles. Focusing on lock work, however, most of these regulations hinge on providing quick exit when needed most. Exterior doors that serve as fire exits in most businesses should have exit devices that provide single-motion egress. Many people know these devices (pictured) as “crash bars.” Employees or customers escaping a fire can use the bars to “crash” through the exit in one motion.
Additionally, specific types of businesses may require different fire safety and security equipment. The International Building Code (or “IBC) divides commercial buildings into several different categories. Churches and schools, retail spaces, and hotels, for example, have very specific and unique fire equipment requirements. We recommend contacting your local building department if you have questions about your business classification. Your local fire inspector can also help you ensure that you have the proper fire equipment. Taking care of potential issues before they arise can help avoid the potentially huge consequences of having a fire in your business without the proper security measures in place to minimize damage and allow for quick escape.
Falling Short of ADA Regulations
Ratified in 1990, the Americans with Disabilities Act (or “ADA”) created a country-wide set of regulations designed to provide access to businesses for handicapped individuals. These include regulations on many commercial applications, with business entrances and locks being the most relevant to this post. Despite the age of this act, we still see several violations in the field today. Installing doorknobs instead of ADA-compliant levers, for example, violates this law. Business owners should also make sure their door closes slowly enough to remain ADA-compliant. Doors that close quickly on individuals in wheelchairs could lead to a failed safety inspection.
Working with a professional locksmith (such as us) will help you remain ADA-compliant. Most reputable commercial hardware companies already provide hardware with these guidelines in mind. Trouble occasionally arises when business owners take installing lock equipment into their own hands. Having a professional locksmith company install your door hardware can help tremendously. These companies know how to find the right hardware to stay ADA compliant based on your specific situation. Taking advantage of this service can go a long way towards avoiding security-related legal issues.
Utilizing Barricade and Lockdown Devices
Unfortunately, classroom violence has led many schools to look into finding ways to temporarily block access to classrooms. Some schools attempt to create this security through the use of classroom “barricade” devices. Unfortunately, these devices generally fail to meet fire safety standards. We created a post on Why Security Professionals Oppose Classroom Door Barricades addressing this topic. In that post, we addressed specific issues with these devices and some of the court cases around them.
States create their fire alarm regulations largely based on the guidelines found in the NFPA 72 fire alarm code.
Unfortunately, barricade devices make it impossible to leave a room without removing the device. Just as with some of the door hardware mentioned earlier, this violates fire code. Additionally, door barricades can keep authorities out of the room during an emergency. This possibility also creates an unsafe situation. Of course, we realize the importance and delicacy that classroom security involves. We recommend speaking to local inspectors and building departments about concerns with this issue. Different cities and towns deal with barricade devices and their legal ramifications differently. Getting the right advice can help ensure that your classroom security measures do not turn into illegal commercial security measures.
Inefficient or Illegal Fire Alarm Measures
Fire codes remain one of the trickiest codes to follow. Of course, this factor makes fire security measures one of the easiest ways to fall out of line with local regulations. Currently, Massachusetts has ratified the 2019 version of the National Fire Protection Association (or “NFPA”) 72 code book. You may (or may not) remember our post on Understanding Smoke Alarm Laws and Fire Code. In that post we introduced NFPA 72 as the main source for fire alarm system regulations. NFPA 72 has some strict guidelines for fire alarm communication. Let’s look at basic regulations for alarm installation and communication.
General Alarm Requirements
When we design an alarm, following a few basic guidelines can go a long way towards determining what equipment we’ll need to install at your property. For starters, every exterior exit should have a manual pull station installed nearby. This allows anyone fleeing a potential fire threat to manually activate the alarm and call for help. Additionally, we must install these devices within 200 feet of each other if exit locations do not make this happen on their own. We must also install strobes and horn strobes to provide blinking light and blaring horn responses to any alarm. We must install strobes in every restroom, and horn strobes in common areas at locations sufficient to properly notify occupants to a fire.
Finally, we must space smoke and heat detectors at intervals that will catch a fire quickly. Normally, we must install detectors within 30 feet of each other, including one in each room, hallway, or any other area of a building, as well as one at the top and bottom of every staircase. However, buildings with higher ceilings require even closer spacing than this. We use the NFPA 72 code book to determine precisely how to space detectors based on a building’s exact ceiling height. As you can see, quite a lot goes into avoiding security-related legal issues when installing a fire alarm. We must also pay close attention to how your alarm communicates for its monitoring, as we’ll see in the next section.
Communication Regulations for New and Existing Fire Alarms
In the past, building owners could use two physical phone lines to monitor their fire alarm panel. Current code states that new required commercial fire alarms must communicate through a non-phone line method. Cellular dialers that use cellular networks to deliver central station monitoring fit this bill. Additionally, radios that communicate directly to local fire departments will fulfill this requirement. Some business owners still connect a phone line to their fire alarm. As long as a radio or cell dialer still remains to help with communication, this setup will still meet code.
Existing fire alarm systems that communicate through two phone lines still meet code, as long as the phone lines meet certain standards. However, the two phone lines must communicate through two completely different paths. This means that two phones provided by the same company do not fit the code. Furthermore, hooking up a Voice Over Internet Protocol (or “VoIP”) phone to your fire alarm does not meet the standard either. Therefore, major companies such as Comcast and Charter offer phones that cannot legally help monitor commercial fire alarm systems. We see more than our fair share of unacceptable fire monitoring practices in the field. These practices create an illegal commercial security situation, and could lead legal issues if a fire emergency does occur.
Fire Extinguisher Negligence
Like fire alarm systems, fire extinguishers must meet strict installation and maintenance guidelines. The NFPA also writes the code books governing these factors. In the case of extinguisher regulations, building owners and fire extinguisher professionals follow “NFPA 10.” In general, businesses must initially show compliance with national and local codes in order to gain their Certificate of Occupancy. However, as time passes, these businesses often fall behind on extinguisher maintenance.
Part of proper extinguisher maintenance involves annual check-ups and service.
Commercial fire extinguishers require an annual inspection. Licensed extinguisher professionals, such as ourselves, can perform this checkup onsite. Occasionally, smaller businesses will bring their extinguishers to us for inspection. We clean the extinguishers and make sure that their pressure gauge indicates the proper pressure for successful discharge. As long as the extinguisher passes inspection, we then “tag” it. This tag shows the month and year that we last serviced the extinguisher. NFPA 10 contains several reasons that extinguishers may fail this inspection. Extensive damage to extinguishers, for example, will cause them to fail. Using the wrong size or type of extinguisher for a given application will also lead to a failed inspection during on-site inspections.
Additionally, we perform more in-depth maintenance on most extinguishers every 6 years. During this maintenance, we must empty and recharge the extinguishers. Finally, we complete performance testing on most extinguisher types after 12 years. Failing to complete these services on time can lead to a couple different types of legal issues. For one, failing to keep up with extinguisher inspections can lead to fines. Additionally, lax extinguisher inspection practices can lead to insurance issues. If a business has a fire that could have been prevented or minimized by working fire extinguishers, insurance companies will want proof that the extinguishers on site had been properly maintained and inspected. Business owners who cannot provide this proof could well miss out on their insurance claim.
Putting it all Together and Avoiding Security-Related Legal Issues
We hope that this post helps you see how we can help your efforts in avoiding security-related legal issues in your own business. Additionally, we encourage you to contact us with any questions this post may raise for you. We will happily answer your security-related inquiries. For an even better understanding of how our services can help your business, consider taking advantage of our free site survey program. We offer complimentary security audits and equipment quotes to both new and existing customers alike. While on site, we can address any and all security concerns you may have. Moreover, we can also make suggestions of our own based on our observations of your property. Together, we can create a complete plan to help you secure your building and stay on the right side of the law while doing so!