KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Honeywell panel issue / webinar today
October 17, 2019
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Webinar notice  - Today - at noon - sign up now
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Title:    Subcontractor v Employee and Consequences of Misclassification
When:  October 17, 2019 12-1 PM EST
Who Should Attend: Alarm owners, managers and CFOs
Presenter: Michael Foster, Esq. and Ken Kirschenbaum, Esq.
More information: Proper classification and consequences of misclassification of independent contractors and employee s; 1099 v W2; California's new law and how it impacts other states.
Register here:  https://attendee.gotowebinar.com/register/8194366993832988675
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Notice:  New K&K Concierge Program perk.  Concierge clients will be credited half hour each month for subscriber contract review.  This credit does not carry over to next month; it’s $250 value each month.  Use it or lose it.  This perk adds up to $3000 value to the Concierge Program.  To learn more and sign up for the Concierge Program click here: http://www.kirschenbaumesq.com/page/concierge
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Honeywell panel issue
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            In case you missed it [see the article by Rodney Bosch, SSI Senior Editor, Digital Edition October 13, 2019] there is an issue regarding the safety of the Honeywell Vista 20 alarm panel not meeting UL and NFPA standards. The article by the apparent safety issue was discovered by Jeff Zwirn and he called it to the attention of UL who is investigating. Don’t panic yet.  Even if UL does find that the panel is inherently defective Jeff has come up with a simple and inexpensive device to fix the problem. Presumably UL would have to sanction that device as well.  
          Peter Goldring explained the issue to me.  Here is his take:
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Ken
          The issue at hand is that UL did not investigate the Honeywell Vista 20 against UL and NFPA standards.  As an NRTL, that’s really UL’s only function when they are hired to list a product.
          The example I’ve been giving is how UL rates safes against burglary.  The manufacturer sends a safe to Phingston, IL and a team of professional safe crackers attacks the safe for the number of minutes the safe is rated for (15, 30 or 60). If they are successful in penetrating the safe, it fails.  If they’re not, it passes.  Pretty straight forward.  Either way, the manufacturer is out one $10,000 safe.
          When Lloyds of London insures a jeweler who keeps $10 Million of merchandise in their safe, they require a certain UL rating on the safe and the alarm system.  They are relying on UL’s integrity and accuracy in order to manage the level of risk they assume.
          When I compete against a competitor, I sell a system with equipment and installation that meets (or exceeds) standards.  I rely in good faith on UL. Zwirn points out that even the manufacturer relies on UL’s evaluation - that their experts have verified the manufacturers design is sound and that their own engineers didn’t miss anything.
          Fire departments are the ones who show up to a fully involved structure fire, when a code compliant system could have gotten us there when it was easily extinguished.  This failure puts first responders and consumers in harms-way.
          UL’s statement treated this like someone discovered some kind of latent defect and they need to reassess.  Not at all the case.  They were asleep at the wheel. The relevant codes are about 20 pages, double sided and pretty straight, even for a lay person.
  Best,
Peter
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Others reaction
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Ken
          Count me in on the class action
Stu R
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Response
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          Bit premature
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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