Passcode issue
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Question:
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Ken,
If we have a client that is being taken over by another alarm company, the question I have is this: They need access to the program to change phone numbers, account numbers, etc to their central station, I feel that not only should I reset the installers' code to factory default, but the whole panel. The new company would have to completely re-program the panel. Doing this would eliminate the possibility of later down the line if a customer has a break in or other occurrence, the system doesn't work right, who's to blame, the new company or me? If I left my program in, I could be at fault? If I take everything back to factory, I take myself out of the equation.
Your thoughts?
Kelly Walker
Absolute Security,
Rogers, Ar
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Answer:
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If the subscriber owns the alarm system and you are only monitoring, which is typical in a residential setting, you don't have the right to disable the entire system. You do have the right to disable communication if you are no longer monitoring. Absent specific law in your jurisdiction you are not required to reveal the passcode and you are not required to default the panel.
My standard form contracts that cover monitoring [Monitoring contract] does provide that alarm company will disclose code or reset to manufacturer's code once the subscriber completes performance of the 5 year monitoring contract.
It is possible to be included in a lawsuit for a loss that arises after another alarm company takes over the monitoring or service of the system. If the loss can be traced to installation or service that you provided you would properly be included in the suit. You should have a proper contract to cover you for the installation [Sales Contract] and for the monitoring you provided [Monitoring Contract] and non warranty work service work you provided [Service Contract].
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Lead Paint follow up
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Hi Ken;
This whole lead paint remediation hogwash is just that....HOGWASH!
I'm never opposed to training, and if we were talking about handling
something that could have more immediate and serious health
consequences, I would be in favor of taking the course. And it isn't
the $200.00 that they are charging for the course, or the $300.00
license in NJ, and the $500.00 HEPA vacuum that you must purchase and
use to be compliant. Where does the cost end?
I maintain that just living in NJ and breathing the air is equivalent
to smoking over a pack of cigarettes per day. Who drills holes into
walls and intentionally inhales the dust that is generated by the maybe
1/64th inch coating of "possible" lead paint? They have already gotten
rid of lead pellets in shotgun ammunition (which drove up the cost
considerably,) next I'm sure will be the lead fishing sinkers. Oooooh
if you hold that sinker in your hand you'll get lead poisoning. Maybe
after that you will have to pay a remediation fee to get rid of any
stained glass windows or tiffany lamps because they use lead channels
and solder to hold the glass in place. This is insanity. And again, it
isn't about using less lead, it is the cost of being licensed to do it.
I don't drill enough holes to add up to six square feet in a year, and
I'll be damned if some LAHJ is going to supersede the code.
Will there soon be some legislation where we have to remediable
any lead foil that may remain on some windows? Years ago before glass break
detectors, I foiled a lot of glass windows. Anyone who ever used it can
tell you, that your finger tips turned black from rubbing them over the
foil. I did actually have a concern about that at one point and had my
blood tested. It showed almost no exposure to lead. And drilling a
hole in a wall will cause a toxic cloud to somehow form??? I was happy
to see glass break detection come of age, but where does it all stop?
This is why we have licenses, so some wing nut can't pass a local
ordinance that requires you to purchase just one more expensive license
and some equipment that you have a hard time justifying the added
expense on to your customers. If the officers in your state Burglar and
Fire Alarm Association don't put their feet down, then they aren't doing
their jobs. To quote the movie "Network," "I'm mad as hell and I'm not
going to take it anymore."
As always,
John from NJ
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Ken,
I tried to go to the link in the below article and got a notice on the EPA site that the requested page was not found. I would like more information on this matter. Can you see if you can get anything additional from the person submitting the matter to you?
John Becker, President
Digital Security and Electronics, Inc.
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Does your contract need street address?
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Question:
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Ken,
On your alarm contracts order form you ask for a street address, We are a small company in business less than a year and are working out of a home office. I give all my clients my PO box as I do not wish them to have my home address. Do You need the home address for your contracts or is the PO box OK.
I am in NH.
Thank You for the great information
Eric
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Answer:
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What is required in your contract is addressed by laws in your state. Sometimes requirements are found in the alarm license statute, sometimes in consumer statutes, sometimes both and a few other places. My office does check local state laws so we can customize our contracts state by state [we still recommend that a local attorney look the contract over]. In NH you need a street address. You can start checking out your state here:
http://www.kirschenbaumesq.com/alarmlicreqstate.htm
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Electronic signatures
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Question:
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Ken,
Our Company is considering doing away with our manual service tickets and going to electronic hand held devices which will capture customer’s signature when service is complete. Our old tickets had basic terms and conditions on the back of the ticket. Can you think of any legal ramifications to not providing any hard copy to the customer? We service both Commercial and Residential accounts.
Your guidance is appreciated.
Christine Pezzi
Office Manager
The Protection Bureau
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Answer:
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Electronic signatures are fine. Make sure the terms and conditions cover all issues important to alarm companies - i.e., contracting away liability for your negligence.