Yes. A licensed independent fire alarm company can legally monitor, inspect, test and service a proprietary system. It cannot reprogram the panel or buy the manufacturer's proprietary parts, and that limit matters on the day something fails.

Some fire alarm manufacturers sell their equipment only through authorized dealers. Only the authorized dealer can get the parts, the programming software, and the factory support.

The building owner usually learns of disadvantages to owning a proprietary system only after the system has been installed. You own the system, but only one company in your area can fully repair it.

What an independent company can do

A state fire alarm license covers the work, not the brand. An independent licensed company can do the following on a proprietary system:

• Inspect and test it. Required periodic inspections follow NFPA 72 and are the same for every brand.
• Monitor it. The new company's communicator picks up the signals your panel already sends (captures) and forwards the signal to the monitoring station over a cellular network or radio network. The monitoring station will still see which device activated so the fire department will know where in the building to go.
• Do routine service. Batteries, detector cleaning, wiring faults, ground faults and other troubleshooting that needs no factory software.
• Replace non-proprietary components. Batteries and other parts sold on the open market, when the replacement matches the original and is listed as compatible.
• Document and report problems. Written deficiency reports and the required tags on the panel.

Where proprietary restrictions matter

These limits apply to most proprietary systems.

• Change the programming. Adding or removing a device, relabeling a zone or changing how the system responds requires the manufacturer's software, and the fire alarm code requires whoever programs a system to be certified by its manufacturer. This can even include the program mode from the fire alarm panel. The software and/or system firmware is very likely licensed only to dealers. A company using an unlicensed copy is potentially violating authorized use, and you do not want that work on your life-safety system.
• Replace proprietary parts. Circuit boards, power supplies and most addressable devices come only through the authorized dealer. Some dealer agreements also bar the dealer from selling parts over the counter, so a part may be available only when the dealer's own technician installs it. Used or gray-market parts may not be accepted by your fire marshal.
• Get factory support. No technical support line, no firmware updates, no warranty service.
• Claim to be authorized. A company that implies it is a dealer or factory-trained when it is not is misrepresenting itself.

Approved plans and system changes

Your system was built to approved plans, and that restricts changes no matter who services it.

• The plans cover the whole building. Device locations were designed for code compliant coverage of the space. Power calculations were based on wire lengths and device counts. A licensed fire alarm planner or professional engineer prepared the plans, and the city approved them.
• Devices cannot simply be added or removed. Either one changes the approved design.
• Replacement parts must match. A replacement goes in the same location, has the same or similar characteristics, and is listed as compatible with your system. A newer model can count as an upgrade, even from the same manufacturer.
• Discontinued parts need approval. When a matching part is unavailable, the substitute usually requires a scope of work approved by your fire marshal.

Devices get added, moved or removed when the building itself changes. A new type of occupant, moved walls, or a remodel of more than half the space can require bringing the system up to current code. And this may also require a new engineered fire alarm plan to be conditionally approved by the local fire marshal.

This is when you have an opportunity to reinvest in the existing system or change to a non-proprietary system. With a proprietary system, only an authorized dealer can do that work. With non-proprietary equipment, you can take bids from any licensed company.

Read your agreement before switching

Your existing agreement decides when and how you can switch. Read it before you call anyone.

• Term and renewal. Many agreements renew automatically for another full term unless you cancel in writing inside a specific window.
• Early termination. Leaving mid-term can mean paying most of the remaining balance.
• Equipment ownership. Some dealers lease the panel or keep title to the external fire alarm communicator. Equipment you do not own leaves with them.
• Passcodes and the program file. Buying a fire alarm system does not make you the owner of its firmware or programming software. Those stay licensed by the manufacturer. The passwords are different. Texas Administrative Code (28 TAC 34.616) requires your fire alarm company to give you all of the system's passwords when you ask.

Warranty. Many installation and manufacturer warranties end the moment anyone other than the installing company services the equipment. Read the warranty terms and check how much coverage is left. On a newer system, switching can cost you the remaining warranty.

Cancel properly, in writing, under the contract's own terms. A new company should not take over until you have scheduled a cancellation date and the new company should take over before the agreed upon cancellation date so there is no loss of monitored protection.

When a proprietary part fails

If the failed part is proprietary, your independent company cannot fix it. This is the trade-off of switching, and it is yours to carry as the owner.

1. The independent company finds the failure and tells you in writing.
2. The system is tagged as impaired, and in Texas the fire marshal must be notified.
3. You go back to the authorized dealer for the part and any programming. If the dealer's agreement with the manufacturer bars parts sales, the dealer's own technician has to do the repair.
4. The dealer sets the price and the schedule. You are no longer a contract customer, so expect higher rates and a lower place in line.
5. Until the repair is done, the fire marshal can require a fire watch: a person on site watching for fire, paid for by you.

On older systems the part may be discontinued. A substitute part or a replacement panel usually needs a scope of work approved by your fire marshal before the work starts.

The fire code puts responsibility for a working system on the building owner. A service contract with anyone, dealer or independent, does not move that responsibility.

Questions to ask your current dealer

• When does the term end, and what is the cancellation window?
• What does early termination cost?
• Which equipment do I own, and is any of it still under warranty?
• Are you allowed to sell parts to me or my service company, or only to install them yourselves? At what rates?

Questions to ask an independent company

• Are you licensed for fire alarm work in this state? Show me.
• What exactly can you not do on this panel?
• How will you connect monitoring without changing the programming?
• What is your process when a proprietary part fails? Put it in the contract.

Questions to ask yourself

• How old is the system, and are parts still made for it?
• Can I absorb a dealer repair bill or a fire watch on short notice?
• Is it time to budget for a non-proprietary replacement?

Making an informed decision

Switching monitoring, inspection and routine service to an independent licensed company is legal. For a healthy system it can work well for years.

It does not free you from the authorized dealer program. Any repair that needs a proprietary part or a programming change still goes through them, on their terms. The only permanent way out is replacing the panel with non-proprietary equipment that any licensed company can buy parts for and become certified to program.

This article is general information, not legal advice. Licensing rules, fire codes and contract terms vary by state, city and agreement. Have an attorney review your contract before you cancel it, and confirm local requirements with your fire marshal.