see below for The Alarm Exchange
****************
update on NYC Fire Department / installation and monitoring regs
****************
Ken
Industry update on the New York City Fire Department Certificate of Fitness for the testing and inspection of Fire Alarm Systems
As of 9/21/2012 there are 85 S-97 company qualifiers listed as holders of this certificate with the NYFD. Many of the companies that have a qualifier have applied and receive T-97 (temporary) CoF’s for their technicians and the clock is now running for 18 months until they run out and cannot be renewed. Others that failed to get the applications in before the due date had them returned unprocessed and cannot apply for the T-97 program that is now closed.
The new test for the S-98 is now available to be taken at the NYFD. The study material are on their Web site for review. You can also achieve a NICET level II instead and convert your T-97 into a permanent S-98 certificate with a copy of it and a fee. When taking the test the NYFD will provide a laminated copy of NFPA 72 2002 and a calculator for use during the test. The test includes items in the Fire Department Rules, Fire Code, the Building and Construction Code of 2008 as well as the NYC Electrical Code and NFPA 72 of 2002. There are also OHM’s law questions etc. There are 80 questions with a two hour window to take the test and you must achieve at least 70 to pass. The test is taken on a computer which is touch screen activated. An application fee, completed application, two picture proofs of who you are, a three years’ experience required and a letter of referral from your employer to take the test. Your employer must have an S-97 CoF qualifier and be a Smoke Detector Listed maintenance company with the NYFD. Any of the items listed above missing will prevent you from taking the test.
These requirements for this certificate includes all technicians regardless of who you work for and also apply if you are providing central station monitoring as well. You cannot have someone cover for you as an S-97 holder or any of certificate. A holder of the S-97 cannot be a qualifier for two different business entities that are not related. Recently an example was set with someone who did so and no long can and this is being looked for. Your technician cannot do work for another company or on the side either or to cover a job for a friend etc.
Other important information for all those that provide Central Station Monitoring in New York City.
Be prepared for an eventual visit to you customer from an NYFD inspector. If your customer cannot provide a Letter of Approval for the central station transmitter and fire alarm system expect a violation to be issued. If your installation does not provide different signals for Valve, Manual, Automatic, Supervisory and Trouble expect trouble (Except Class E and J’s). If your installation does not meet code, have the proper wire, pipe, electrical feed and grounding expect trouble. If you telephone service is not from the cable head and protected expect trouble. Regardless of when your transmitter was installed or you took over someone else’s transmitter there was always a required inspection and approval. You now have an opportunity to right a wrong. There is a policy in place to legalized existing installations that do not or cannot locate their Letters of Approval that runs until March 15, 2015 (see the NYFD Web site for it). After that everything is game.
Now for the big questions. Is my contract going to provide me protection for providing monitoring to my customer that does not meet code or was never approved and will my customer be responsible to pay me to meet code and right a wrong. What about the value of that agreement and the ability to sell it if it is in violation and does not comply. I will leave those question for an official answer to the professional lawyers but in my option the answer of those questions are no regardless of even if your customer specifically told you they did not want an inspection or it was voluntary and did not have to meet code (B.S.) The code is the code and you as the professional have an obligation and profession responsibility to comply with it. The customer hired you as a licensed professional and I believe if would be hard to say you did not know how to comply with the code or it was not required and therefore you should not be responsible.
So if you do not have an S-97 CoF holder, technician’s that do not have an S-98, no Letters of Approval on the fire alarm system and transmitter expect big problems for you and your customer. Also be aware the old game of replacing a transmitter and changing central station is now over since all new application for new terminal assignments will be subject to Letters of Approval and require inspection to get them. All new Letter of Approvals will also state the approval central station number to identify them so another central station other than the one listed will raise a red flag. Legal charges of the central station will cause a new Letter of Approval to reflect the new central station as well. Yes you will need an NYC licensed master electrical contractor to sign, seal and file forms with the Fire and Building Departments and you have no choice in the matter.
Summation
Meet the code, have inspections and play by the rules and you will have limited problems (nothing is perfect). Buck all the rules, do what you what and avoid the enviable expect the worst.
Yours truly,
S.G.
*******************
contract questions
********************
Ken,
We would like to find out if you have a contract that we can use for a builder and then turn it into the association when times comes for them to take over the community. Also what is the legal amount of years we can have a builder/association sign for?
Do you have a separate contract for cameras only? Or can we use the alarm contract for cameras only?
Thank you,
Ana
****************
Response
****************
A builder will typically sign an installation contract and perhaps a short term monitoring and service contract. The ultimate end user, in your case the Home Owner Association, should sign monitoring and service contracts.
The CCTV contract is for camera installations for commercial subscribers. For residential subscribers, the All in One covers camera installations and monitoring features.
*********************
Question
*********************
Hi Ken,
Do you have information or knowledge about Colorado specific, monitoring contracts length limits and auto renew length limits?
I was at an appointment a few days ago and an ADT dealer was also present. He mentioned that in Colorado you may only have a 3 year contract with a one year auto renewal clause. But then I met an ADT corporate manager and he said for commercial it is 5 years with a 1 year auto renewal clause.
In other states I have worked, it was a 5 year with a 5 year auto renewal. I have heard that the 5 year auto renewal would be hard to enforce so needless to say, I am confused. Why bother with a 5 year clause if it is unenforceable? Is there a difference in the terms for residential versus commercial? If so, what are the legal limits for the state of Colorado?
Any help or guidance will be much appreciated.
Sofia Aguilar
*******************
Response
*******************
Unless there are specific statutes that limit contract terms or renewal terms and renewal conditions, you are free to contract as you wish, subject to a claim of unconscionability. Colorado is not on the list of states with an auto renewal statute. See the list here www.kirschenbaumesq.com/page/alarm-law-issues
ADT has had its own issues with contract terms and has been constrained by agreement with state enforcement agencies. Those agreements do not affect you or other alarm companies; they apply to the companies who agreed to those terms.
********************
question
********************
Hi Ken,
I have one of your all-in-one contracts, and was wondering if it is required to ask the SS# for the alarm contract? You have a space for it, but I would rather not hold the liability of having them. Just curious if they are required or not.
thanks,
Dan Greenberg, Operations Manager, Business Development
Digital Sky Inc.
Biddeford, ME
*******************
Response
*******************
You don't need to collect ss#s. The social security number can be used for identification, and will also be very handy if you have to sue your subscriber, get a judgment and have to engage in collection and enforcement efforts. On the other hand, collecting that information does require that you safeguard it from unauthorized access and use. Since you already have loads of information about your subscriber and the alarm system you have to have security measures in place to protect this information. The ss# is one more item. However, if a subscriber doesn't want to provide that information I don't think you need press the issue.
***************
TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
*****************************************************************************
Speaking engagements:
******************
Electronic Security Association of Virginia, Annual Conference.and Trade Show. October 16, 2012 at Virginia Beach Resort Hotel and Conference Center. For more information contact Lynn Comer at lynn.comer@shenvalleysec.com; (800) 538-2322
***********************************************************************************************
Want to schedule me, Jennifer or Dennis Stern for a speaking engagement? Alarm associations can book my presentation by calling Eileen in my office at 516 747 6700 x 312.
The Alarm Exchange
*****************************
**************
This area is reserved for alarm company announcements, solicitations, offers, etc. Those wishing to sell or buy; borrow or lend; dealer program or dealer; central stations; insurance brokers; business brokers, insurance companies. Equipment to sell; looking for employees; subcontractors; mergers;
There is no charge to post a listing here. The listing is subject to review and approval and will be posted for approximately 10 days unless renewed. Include your contact information, phone, email and web site. Posting by category will depend on response to this forum. Send your post to Ken@KirschenbaumEsq.com.
************
Help Wanted:
******
Key West FL Alarm Company seeking experienced alarm technician. Send resume with references and salary requirements to scotts@barnesalarmsystems.com. No phone calls please.
*********
NYC alarm company looking for experienced alarm techs.and operators Call Dana 212 206 0900 or email to unitednyjobs@aol.com
***************
NYC central station looking for experienced general manager. Contact Ken Kirschenbaum at 516 747 6700 ext 301. All inquiries will be keep confidential.
****************
Long Island Central Station Alarm Company looking for experienced alarm technicians and central station operators. Excellent salary and benefits. E-Mail hr@lowittalarms.com or call 516-433-6960 ext. 215.
*************************
Oakland, CA company looking for experienced electronic technician – alarms, CCTV, access control, intercoms, etc. Send resume and references to HR@reedbrothers.com or call Nancy at 800-400-5625 x158
**********************
Bay Area, CA well established ADT Dealer is seeking a Technician Manager. Send email or resume to joshc@gaylordsecurity.com
**********************
Long Island, NY based fire and security technology manufacturer is looking for:
1. experienced installation technicians who are interested in exploring a technical support role.
2. a Fire Product Marketing Manager to join their team in the company HQ in Amityville, NY
3. a Software Quality Assurance Tester
Send a current resume and salary requirements in confidence to rbaker@napcosecurity.com
***********************
Indianapolis, IN - Hoosier Security call 317-644-0570 or send resume to: armando@hoosiersecurity.com Actively seeking installation contractors and sales personnel experienced in alarm and digital CCTV.
*******************
Eastpointe Michigan alarm company has an opening for an experienced alarm tech/installer, great salary, benefits, truck, medical. Call Hank Luks 586-772-6100 or email to www.controllor@aol.com
********************
San Antonio Texas based company is looking for experienced residential, commercial and fire alarm salesmen as well as experienced alarm installers. Submit resume via e-mail to Gmunford@saalarms.com Glenn Munford, President. Phone 210 342-3100 www.sanantoniosecurityalarms.com
*******************
Washington DC area Home Automation company seeking experienced alarm technicians. Send resume with references and salary requirements to jobs@american-automation.com
********************
Merger and Acquisitions
*********
NY - looking to purchase fire alarm subscriber accounts in New York metropolitan area. call Bob WIlliams at Briscoe Protective Systems Inc at 888 274 7263 ext 211 or email bobw@briscoeprotective.com All calls strictly confidential
************
Southeast Arkansas. Security Integration co very lucrative agricultural vertical market, but having difficulty attracting and retaining installers to keep up with our workload. Primarily commercial/industrial integration but with approx. 240 monitored alarm accounts. Largely residential, upscale accounts with approx. 20% commercial accounts. Will consider either selling alarm accounts to focus on surveillance/access control or will consider selling all and work as regional sales manager for purchaser. Market has loads of potential. For confidentiality reasons, please contact me at my "other" email address hogshogshogs@att.net.
**************
Central Stations
***************
Nationwide Digital Monitoring - monitoring all of America UL Listed; NYC FD approved
800 221 0826 www.NationwideDigital.com Contact Alan Ankeles aankeles@NationwideDigital.com
*************
U.S.A. Central Station Alarm Corp - monitoring throughout the United States Bart Didden 877-872-1266
bdidden@usacentralstation.com www.usacentralstation.com
************
United Certified Central Station Inc - monitoring the New York City metropolitan area. NYC Fire Dept approved and UL Listed. Dana Goffer 212 206 0900 x 301 http://www.weprotect.com/Monitoring%20station.html
************
Counterforce Central Alarm Services Corp UL NYC FD approved contact Phil Blair 718 575 3333 Phil@counterforcecentral.com http://counterforcecentral.com/services/index.htm
******************
Metrodial Central Station - FDNY Approved and UL Listed. Contact Andy Lowitt at 866-900-METRO or andy@metrodial.com www.metrodial.com
******************
COPS Monitoring: Nationwide Burglary, Fire, PERS, Video, & Critical Environmental monitoring from 5 central stations copsmonitoring.com http://copsmonitoring.com/lp/kk.html or call Betty at 800-367-2677 x 1256
*******************
All American Monitoring – throughout USA. UL, Five Diamond, licensed LisaF@AllAmericanMonitoring.com or call 800 318 9486 x 212 www.AllAmericanMonitoring.com
*****************
RESPONSE CENTER USA – Monitoring burglar and fire alarms. PERS (Medical Alarms) Specialists UL Listed.
contact JD Benfer 866-489-4105 jdbenfer@rc-usa.com www.rc-usa.com
***************
United Central Control, Inc. - UL Listed, 5 Diamond Certified, serving the entire USA - contact Kathryn Schultz - 866-907-4712 or kschultz@teamucc.com http://www.teamucc.com/
**************
AvantGuard Monitoring Centers : UL 2050 Listed, 5 Diamond, Fully Redundant Central Stations Specialize in PERS monitoring. Contact Troy Iverson 877-206-9141 www.agmonitoring.com
*******************
Electronix Systems Central Station Alarms Inc., UL Listed, FDNY Approved
and Five Diamond Rated. Contact Jacqueline Jones
jackiej@electronixsystems.com (631) 271-4000 www.electronixsystems.com
*********************
Business Brokers / Consultants
*****************
Ron Davis Davis Mergers and Acquisitions Group Inc rdavis@graybeardsrus.com Office 847 955 2345
Cell: 847 910 7716 www.graybeardsrus.com
*****************
Mitch Reitman S.I.C. Consulting, Inc. Tax and Financial services 817-698-9999 MReitman@sicc.us www.sicc.us
****************
Rory Russell Acquisition & Funding Services www.afssmartfunding.com (800) 354-3863 Cell 518-366-5111
****************
Insurance brokers / insurance companies for alarm industry
*************
Alice Cornett Giacalone, Senior Vice President - selling alarm E&O throughout the United States
Central Insurance Agency, (800) 917-2542 aliceg@ciainsures.com www.ciainsures.com
************
Ralph A.Costa - specializes in alarm insurance in New Jersey and other states 973 835 8444
ralph@burglaralarminsurance.com http://www.burglaralarminsurance.com/category.aspx?id=MISC1
*********
Security America Risk Retention Group Alarm industry owned and sponsored E&O insurance – Call SARRG at 1-866-315-3838, or info@securityamericarrg.com. www.securityamericarrg.com
***************
Premier Alarm Insurance, Kristin Sikorski, Isle of Palms SC 29451 1-800-792-1728
info@premieralarminsurance.com www.premieralarminsurance.com
****************
Rick Gombar Insurance Services, Inc. CA. Rick Gombar, President 800-446-6227
Rick@gombarinsurance.com www.gombarinsurance.com
*****************
Eclipse Marketing & Insurance Services. Larry St John, CIC, Pres. 800-530-4448, LStJohn@eclipseinsurance.com - ins for alarm industry www.eclipseinsurance.com
************************
Financial Services
***************
Alarm Financial Services - funding for alarm dealers throughout the United States.
www.alarmfunding.com or call Jim Wooster 866-204-9350x12
****************
RMRFunding - Alarm account funding. www.rmrfunding.com Contact David Tropper (855) 767-1900 dtropper@rmrfunding.com
****************
Educational and Training Programs
***************
New York State alarm license Approved 81-HOUR License Course www.mbfaa.com
contact Alan Glasser (718) 894-6712 mbfaa.ny@gmail.com
****************
NYS 81 hour approved training - contact NYBFAA 814-838-3093 Info@NYBFA.org) www.NYBFA.org
*********************
New Jersey Fire Alarm, Burglar Alarm & Locksmith training. Exam Prep Training Series, Practice Exam and approved CEU courses. see www.NJCEUcenter.com or call Bob Shoremount 908-637-8557
******************
Attrition Busters Presentations-Seminars-Workshops-Consulting www.attritionbusters.com
contact Bob Harris(818) 730-4690 bobh@attritionbusters.com
***************************
Response Center USA Seminar on Video Verification – Learn how any alarm company can easily use video to have a Verified Alarm Dispatch to the PD. Wednesday October 10, 2012 10 am to 4 pm. at DoubleTree Hotel (by Hilton), 37 N.E. Loop 410 (by the Airport), San Antonio, Texas 78216. Free lunch buffet
FREE (seating limited and you must RSVP) to JD Benfer 866-489-4105 jdbenfer@rc-usa.com
Event organized by: Response Center USA monitoring station– We do more than just dispatch!
Presenters: President of Videofied -- Tyco Head of Visonic – CEO of CheckVideo -- NICB - Pres of Response Center USA Special Guests: National Insurance Crime Bureau and Law Enforcement – working to teach Law Enforcement about video verification
*******************
Florida Alarm School. FASA and BASA classes. Mike Fletcher mfletcher@heeth.com 813 621 2333 www.floridaalarmschool.org. Upcoming classes Oct 24 - Pensacola - Renewal; Oct 25/26 - Pensacola - New Agent; Oct 29/30 - Tampa - New Agent; Nov 2 - Gainesville - Renewal; Nov 7 - Miami - Renewal; Nov 8/9 - Miami - New Agent
***********************
Marketing for the Alarm - Security Industry
*****************
Bob Maunsell - Security Marketing Guru - www.SecurityMarketingGuru.com 508-835-1123 support@securitymarketingguru.com
*****************
Technical Support
*******************
Fire Alarm System Engineering
Fire Alarm Design Services. Complete code consulting, basis for design reports, AutoCAD, submittal documents. PE and NICET IV on staff. NY, NJ, PA areas. Contact Joseph Hayes, SET 914-645-1289 or HayesCPP@optonline.net
*******************
Systems Support Specialists - Technical consultants for Central Station Services & Installation Services, Custom Programming, End User Solutions, Product Evaluations, and Technical training - Contact Mark Fischer - mfischer@systemssupportspecialists.com or (631) 850-0084 www.systemssupportspecialists.com
******************
Miscellaneous
*****************
Printers MonitoringContracts.com. Authorized printers for the Kirschenbaum Contracts TM. 866 322 4906 sales@MonitoringContracts.com www.monitoringcontracts.com
*****************
alarm contracts - get them at www.alarmcontracts.com
************
alarm company valuation - go to www.WhatsMyAlarmCompanyWorth.com
************
Legal service for acquisition or sale of accounts. Contact Ken Kirschenbaum, Esq at 516 747 6700 ext 301, Jennifer Kirschenbaum,Esq at 516 747 6700 ext 302 or Dennis Stern, Esq at 516 747 6700 ext 323
*************************************************************************************************************************************
Many of you are forwarding these emails to friends or asking that others be added to the list.
Please tell your friends and employees to go to the Home Page on my web site and sign up for the emails. Thanks.
You can read articles and order alarm contracts on my web site www.alarmcontracts.com
Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden city Plaza
Garden City, NY 11530
516 747 6700 x 301
email: ken@kirschenbaumesq.com
phone: 516 747 6700
web: http://www.kirschenbaumesq.com