KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Zwirn's challenge to UL combined burg/fire panel heats up
January 7, 2021
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THE SALE RUNS THROUGH JANUARY 12, 2021.   ORDERS ARE FILLED AS RECEIVED [UP TO 6 WEEKS WAIT for sale orders - longer for update orders]  SAVE THOUSANDS DURING THIS SALE 
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NOTICE:
    The Standard Form Agreements have been updated for 2021.  If your contracts are from 2019 or earlier you need to update.  If you have a 2020 Contract the Contracts were updated throughout 2020 and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your forms need updating.  Contracts purchased after September 1, 2020 are already updated.  Keep in mind that updates are free for 6 months and half price for 12 months from your original order date. Requests for updates will be processed after the new orders are processed.  The sale ends January 12, 2021; the sooner you order the sooner you will get the contracts. 
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How to order: order at www.alarmcontracts.com ordering is easy - order on-line during the sale and save thousands of dollars.  Need help ordering?  Call our Contract Administrator Eileen Wagda at 516 747 6700 x 312 for assistance. Concierge Clients can call our Concierge Program Coordinator Stacy Spector, Esq for assistance at 516 747 6700 x 304. Concierge Client receive an additional 10% off the sale price.  You can join the Concierge Program before ordering to receive the discount.
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    Contract sale starts now and runs through January 12, 2021, ending at midnight EST. The discount will be applied orders received between now and January 12, 2021 by midnight*.  This will definitely be the best deal of 2021.  If you have K&K Contracts changes have been made and you should check with our Contract Administrator, Eileen Wagda, at 516 747 6700 ext 312 to see if your form needs updating.  We starting adding the updates several months ago so you may be up to date. Keep in mind that our updates are free for 6 months and half price for 12 months from date of purchase***.  Updates will be prepared and sent out after the new orders are processed.  The sale ends January 12, 2021, so please be patient.  When you place the order the full price will come up. We will apply the discount manually when we process the order.  Contracts will be delivered by email only.


Here's the deal:
    Buy 1 All in One Residential, Commercial or Fire All in One and get $100 off and $50 off Disclaimer Notice  Save up to $150.
    Buy 2 All in One forms and get $100 off first and $200 off second and $75 off Disclaimer Notice and $100 off alarm.com rider and $100 off the Honeywell rider.   Save up to $575.
    Buy 3 or more All in One forms and get same as above and $300 off the third form and $400 off the fourth form.  Save up to $1275.00 [Residential, Commercial, Fire, Home Automation]
    Commercial Mobile Surveillance Lease $1000.  Save $500
    Fire All in One with Security Rider $1250.00. Save $400.00  Add the Commercial Fire All in One and the Commercial All in One and get $200 off each.  Save $800.00
    Qualifier Agreement $1200.00   Save $300.00
    Digital Sign And Display Sales, Hosting And Service  $437.50  save 50% $437.50
    Computer Consulting and Service   $437.50  save 50% $437.50
    Nationwide DIY with monitoring.  $3500.00 Save $1000.00**
    Nationwide PERS with or without GPS tracking. $3500.00 Save $1000.00**
* Your order must be placed on line at www.alarmcontracts.com and received by our office no later than January 12, 2021 by midnight EST.  Orders must contain valid credit card payment and be processed; you will receive confirmation.  Fill out the order form; the full prices will show and we will apply the discount before processing the order.  Orders arriving after sale ends will be processed at regular published rates.  Orders will be processed in order received.  Rush orders, delivered by email within 48 hours, add 15% - call Eileen to process.
Concierge Clients will receive their Concierge Program Discount on the Sale Price.  Sign up for the Concierge Program before placing your contract order to receive the additional discount.

** Does not include consultation or modification
     What's our Guarantee policy re updates?      
Free updates within 6 months of purchase***      
Half price within 6 months to 1 year***  
*** applies to original purchase only

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Zwirn's challenge to UL combined burg/fire panel heats up  
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Ken:
            There is a significant development regarding UL that happened last week. UL confirmed in writing that they failed to test a combination listed burg/fire control unit despite it being required in both UL and NFPA 72 Standards. In response to a package (see video below) I sent to the CEO and President of Underwriters Laboratories, Inc.  Jennifer Scanlon, she directed UL’s Principal Engineer, Mr. Lawrence Shudak to prepare a formal response.  I believe, and my interpretation is, that UL’s response consists of false claims and deception. 
            UL’s written admissions are shocking to me because UL and NFPA Standards are adopted into building and fire codes across the country making them statutory duties from which no equipment manufacturer or alarm contractor can deviate. To underscore UL’s failure, Johnson Controls confirmed in a separate letter that their alarm panel does not comply with UL 985 and NFPA 72.
            The YouTube link below reviews UL’s letter and then tests Johnson Controls DSC Power-Series Pro Control Unit. I believe the video demonstrates how UL did not meet their own published standards and NFPA 72 Standards.
            Video Link of UL Letter: https://www.youtube.com/watch?v=za5PwpVBZkM
            The conduct of UL and Johnson Controls should be examined carefully. Consumers, alarm contractors, and AHJs across the country all rely on equipment manufacturers to provide them with a safe and reliable product especially when it comes to an alarm system providing life safety protection. However, I believe the Johnson Controls burg/fire Control Unit catastrophically fails and provides NO ALARM WARNING of the fire within the home. The Central Station receives NO FIRE ALARM SIGNAL(S). Once the system fails, as demonstrated in the video, there is no longer a window of opportunity afforded to occupants within the home so that they can escape from the fire.
     I have forensically investigated cases and claims and I believe some of these injuries are attributable to the combined burg/fire panels.  Consumers and Alarm Dealers have trusted UL and Johnson Controls with the lives of their families, customers, and the success of their company. What should an alarm dealer do?
Thank you. 
Best 
Jeffrey D. Zwirn  President
Jeffrey D. Zwirn, CPP, CFPS CFE, SET, FASI&T, CHPA-IV, MBAT, NFPA 3000(PS)
IDS Research & Development, Incorporated
46 West Clinton Avenue
Tenafly, New Jersey 07670
Phone: 201-227-2559
www.alarmexpert.com
www.linkedin.com/in/jeffreyzwirn
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Response
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            Alarm companies do have a duty to select equipment they believe will adequately perform as intended.  Certainly no dealer should continue to use equipment it believes is non-performing or dangerous.  Jeff makes a compelling argument but every alarm company is tasked with choosing and evaluating equipment for themselves, and you can rely on equipment selected by professionals the alarm industry relies upon.
            Forgive me for even straying into the technical area, but it sounds like Jeff is claiming that with the burg/fire combined panel, if there is an opening, or short, in the burg system the fire system won't be able to send a signal.  If that's the case, it's a problem.  As I understand it, a burglar alarm system has to be activated; it's turned on and o off by the end user.  A fire alarm however remains active at all times; it is never turned off, except for testing and inspection. What does this have to do with the combined panel?  The argument is that the fire side should not be affected by the burg side; not quite tantamount to being able to turn the fire system off, but close enough.
            Turning to something I do know something about, and related, is what contract you use when contracting for combined burg/fire.  It's the Commercial All in One.  Preferably use both, the Commercial Security All in One for the security system and the Commercial Fire All in One for the fire alarm system.  The Schedule of Equipment and Services in the Commercial Security All in One will indicate that the panel is a combined burg/fire panel and part of the fire alarm system.  For those of you who always install fire and then the security, you can use the Fire All in One with Security Rider.  For residential you don't have to choose; the Residential All in One covers fire and security in one contract.
            These contracts are on sale now.  Don't miss out on this sale.  And, don't delay.  You are already going to have to wait weeks to have your order processed.  If you wait until the last day of the sale, January 12, 2021, you may have to wait a month or more.  You won't be able to get to the front of the production line no matter how clever your line is or how compelling your plea is.  First to order is first to be processed. 
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To order up to date Standard Form Alarm /  Security / Fire and related Agreementsclick here:  www.alarmcontracts.com
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CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY
You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304.
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NOTICE:  You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles
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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