KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** can you accept test signal or status request by third parties April 17, 2025 *********************** can you accept test signal or status request by third parties *********************** We have situations where contractors working at customer premises call to put alarm signals on test. These can be fire alarms or intrusion, etc. Can we accept the request without hearing from the customer? Does the contractor need a passcode? What if the contractor has the passcode but identifies himself as a contractor, either known or not known to us as someone who regularly works in the area? David ************************ Response ************************ Central stations deal with this scenario on a daily basis because typically it's the dealer calling in the test status, not the customer. I don't know if operators will demand the code when it's the dealer calling in. Under what circumstances should a dealer, or a central station, accept the request to ignore signals, which is what test status is. The central station knows it must notify the customer and AHJ if the fire alarm is out of service, including on test, for more than 8 hours. But an arsonist doesn't need 8 hours to start a fire and a burglar doesn't need an hour to burglarize a residence or commercial establishment. Failure to report a signal because a test status was requested by someone not a party to the contract, someone not authorized by the contract and sometimes someone without the passcode, or even with the passcode, seems to leave you open to criticism and possible liability. Don't forget, in hindsight you may appear to have been foolish to accept the test status request. The agreement between end user and dealer often serves as the only written contract for the monitoring service. Some central station may still have their own monitoring agreement to be signed by the customer, but that really should be something in the past; it's not best practice; it will generally mean that the dealer doesn't have a contract or doesn't have a contract acceptable to the central station. In that case I think it best to put the dealer out of future misery rather than perpetuate its bad business practice of conducting an alarm business without a proper alarm contract. I think central stations should impose strict business practices that are definitely in the best interest of the central station but also are in the best interests of the dealer. Only the customer and those identified in the alarm contract should have the authority to use the passcode, and a passcode should be required to put a system on test, out of service, or signals ignored, which is all the same no matter what you call it. It doesn't matter if it's a third party contractor or anyone else other than the customer or someone authorized in writing by the customer. The Kirschenbaum Contracts TM provide for the dealer to be the authorized agent for the subscriber when dealing with the central station; without that the central station shouldn't take requests from the dealer, again with or without the passcode. ********************** STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. ************************** 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
