KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Using fire contract for security system / register for next financial webinar - see below
September 18, 2020
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Webinar 9/22/20: How to Finance Organic Growth 
Register: https://attendee.gotowebinar.com/register/3255545487536556558 
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Using fire contract for security system
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Ken
            We are a central station. One of our dealers purchased alarm contracts from you and it used the Commercial Fire All in One Agreement for a commercial account that has fire and burglary zones.  Does the Commercial Fire All in One Agreement cover security and specifically the monitoring for burglary zones? 
Name withheld
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Response
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            It’s a complicated answer, so let me start at the end:  Using a single contract for commercial fire and commercial security is a bad practice.  Better to use the Fire All in One for the fire and the Commercial Security All in One for everything else.  But, if you do have to use just one contract, use the Fire All in One.  [BTW, K&K does offer a combined Fire All in One with Security Rider, though I still prefer two separate contracts].
            We know that fire alarms are not the same as security alarms.  In some jurisdictions the two systems require two separate licenses.  Fire guidelines, adopted in building codes, so they are required, are established by NFPA.  Security system guidelines are rarely required by building code and guidelines are established by UL or EPTL.  Monitoring centers respond to fire and security signals differently and they call different First Responders.  Security contracts have to specify all the equipment; fire contracts can refer to filed plans and specifications.  Security systems are voluntary, optional and driven by customer budget and desires.  Fire alarms are required and design is dictated by the building code and AHJ.  Monitoring, inspection and even repairs are, in a sense, optional on the part of the customer, for security alarms.  Fire alarms require monitoring and inspection, and must be operational, so repairs are required.
            So what makes you think you can use a contract designed for security or fire for both of these systems?  It was astute of the central station to question the use of the contract this way.  The central station relies on the dealer’s contract with the subscriber for contractual protection.  The Fire All in One and the Security All in One have a monitoring provision, and they read differently because one is governed by NFPA and the other by UL or custom, practice and the central station’s internal procedures.
            Right or wrong, I view fire as the higher priority system.  Therefore if for commercial fire it’s important to use the Fire All in One.  If you’re installing security too then it’s a tag along and you’ll need to attach a Schedule of Equipment and Services where you describe the security system and services; often this is your proposal.  You will indicate that the security system is sharing the fire panel [if that’s the case].  
            I don’t think it works as well if you tried to use the Security All in One and then added fire.  You would need to include almost all of the fire provisions.  Incidentally, the Residential All in One does combine, and cover, security and fire, but keep in mind that other than smoke and maybe CO detectors, fire is not per plan, inspection or AHJ approval.  
            Best advice:  Get updated Fire All in One and the Commercial All in One, and use them.
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WEBINAR SCHEDULE AND REGISTRATION
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Webinar Series: Financing for the alarm industry 
When: September 22, 2020 12 PM ET half hour presentation and then Q&A
Topic Details: How to Finance Organic Growth - A more specific drill-down on the many ways loan financing can help an alarm dealer grown organically through covering creation costs, enabling leasing, expansion, etc.
Presented by: Jim Wooster and Jim Wooster Jr. Alarm Financial Services, Inc  866-204-9350 ext 1200 www.alarmfunding.com
Hosted by: Ken Kirschenbaum
Who should attend: company owners and CFOs
Registerhttps://attendee.gotowebinar.com/register/3255545487536556558
This webinar will be recorded and available at https://www.kirschenbaumesq.com/page/alarm-webinars
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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