KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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AHJ changes  / More on Alarmnet  / No test signals
August 17, 2019
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AHJ changes
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Ken
            Somehow most everyone loses track of the most important thing, and that is the owner is responsible for the cost to erect his building, we should not share his cost, as the owner will remain and own the property and the ultimate result will be in his financial portfolio.
            Bottom line is that if there is a design done by the architect and engineer team that the owner hired, it’s their responsibility to design a system that meets code, and with today's code, this must include the local fire Marshall since he has a wide latitude to require things that we may not agree on, but that is his right according to the codes and they do it every day of the week. You can't just go by the supposedly "written" code because there is always the section stating "or per the authority having jurisdiction", or similar statement. 
            So when the owners architect and engineer designed the system, which should have been to code requirements, did they meet with the fire Marshall or fire plans reviewer to go over their design to get their input so as to allow them to produce a code compliant design and drawings? If they did not do this and then you get the job and submit your plans and the fire plans reviewer requires devices to be added, this is not your responsibility to throw these items and out of your pocket, its the owners responsibility to assume all cost associated with constructing his building, and if there is a change order along the way to provide a code compliant system, it’s just plain and simple that its the owners responsibility.
            Now if you enter into a contract that may state "no change orders", then you should know the turf and fully understand what the local fire plans reviewer will be looking for and make sure you include this in your bid price, this is a no brainer.
Tim
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Response
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            You have to be careful with fire alarm agreements because a non-party, the AHJ, can, and frequently does, change the scope of the project.  Someone has to pay the difference.  The Fire All in One clearly places the responsibility for additional work and material on the subscriber.
            You don’t get to use the Fire All in One all of the time.  AIA and vendor agreements are often insisted upon by the General Contractor, the electrician hiring the alarm company, or the owner.  Be careful that those contracts don’t impose an obligation on you to advise the architect and owner if know of deficiencies in the plans and specifications.  You might be criticized for not anticipating AHJ changes.  Whenever possible use the Fire All in One to avoid this problem, and many others.
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More on Alarmnet from article on August 10,2019 
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Ken
            We are already having radios fail. The carriers are replacing towers or re-calibrating them. 
Lynn
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Ken
            So many people have expressed concern with the alarm net 3g 4g issue I am putting LTE in when at a customer for service. My concern is do we rush out change all the radios to have them release 5g six months from now and we lose a few years of viability by using lte. Anyone have some InSite? Honeywell has no comment.
Tim  W
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Ken
            To follow up from my email a few weeks ago,
            Nobody is talking about the fact that LTE service totally SUCKS and that the signal strength is garbage compared to 4G
            My 4G radio are testing in at -80 to -85DBL and the LTE are at -115DBL for the same locations (Some are in the attic).  This is going to cause huge problems for ALL of us.  How can Verizon and AT&T not boost the receiver strength to accommodate this change????
Dimitry Boss
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No test signals
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Ken,
            Alabama requirements for commercial fire alarm installation and service changed a few years ago and we did not renew our commercial fire license. We can monitor and bill for monitoring, but we cannot service. My 6 fire accounts were notified and have found repair service providers. On two of the 6 accounts we are getting a phone fail (late to test) every day. Our contact numbers for the subscribers are ether not good or no one answers. We to have sent a letter telling them their system might not report an alarm and needs to be checked. One account is over 10 years old (before I knew about K&K) and are not on your contracts but on a Monitronics contract that I held. The other account did resign your Commercial All in One.
            The monitoring is $45 a month;  what is your advice,  send one of your letters or cancel them.
 Sincerely,
 Name withheld
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Response
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            We can help with the account that signed the Commercial All in One because it has an arbitration provision.  We can represent you through the arbitration process.  
            While you may be entitled to continue billing an account when you know the system is no longer communicating with the monitoring center, it’s not a good practice.  You should try to ascertain why the system is not operational, and that may include sending a tech to the premises to see what’s what.  There is no reason to continue paying the monitoring center for monitoring and sending invoices to the subscriber when you know the system is not operational and the subscriber is not paying you.  The subscriber is in breach of the contract.  You can deem the subscriber in default and accelerate the balance of the contract charges and terminate services.
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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
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com