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 ****************************** Comment on Expert blames home fire on unlicensed contractor and cs dragged August 15, 2024 ********************* Comment on Expert blames home fire on unlicensed contractor and cs dragged in from article on July 26, 2024 ***************************** Ken, Reading Lloyd Young’s email regarding an unlicensed contractor who installed a fire alarm reminded me of an issue that I run into from time to time when preparing an alarm company for sale. Many burglar alarm company owners are under the false impression that they can contract with a fire alarm company (or higher an individual with fire alarm experience) to install a fire alarm. They contend that “since the installer knew what they were doing” it is OK to monitor the alarm without actually possessing a fire license. Some burglar alarm companies install a few fire devices to a burglar alarm system. Some do this in commercial businesses. Some install fairly substantial fire alarm systems that aren’t Code compliant. You are correct when you state that regulators typically focus on action against licensed companies. This allows the non-licensed guys to fly under the radar so to speak. While the lack of a license alone may not be enough to prove negligence, I wouldn’t want to roll those dice. Years ago, when I worked for an alarm company, we were sued by a customer who was in a wheelchair, and had a residential alarm with a “fire” icon on her keypad. She had a kitchen fire, pushed the button, and waited for the fire department. The central station received an undefined signal, and, thankfully, called the police. Miraculously, it was a slow night, and a patrol car responded within a few minutes, the officers saw flames coming from the building, kicked in the door, and saved the customer. While the customer was lucky to be alive she still managed to find a lawyer and sue our company. The insurance carrier eventually settled. You are also correct that not being properly licensed diminishes the value of the business. There is a bid difference between a burglar alarm company in New York installing a single burg system in Delaware (still illegal), and a company installing fire alarms without a license. If a burg customer suffers a loss, the resolution is typically writing a check, or the insurance company writing it and raising premiums. If a fire customer suffers a loss, the monetary damages can be astronomical, there can be injuries or deaths, and jurors can get much more interested in punishment. I wouldn’t want to be in a deposition or on a witness stand explaining why I installed something that I wasn’t licensed to install. Mitch Reitman 817 698 9999 XT 101 Reitman Consulting Group http://www.reitman.us ************************** Licensing ************************** Just about everyone getting and reading these emails understands that licensing is required in most places, sometimes statewide, sometimes local. Those engaged in intrusion and fire alarm installations generally know if a license is required. Those installing cameras or access control or other electronic detection systems may be unsure. That’s when it’s time and appropriate to make sure and you do that by engaging counsel to do a search in all areas you intend to sell, install and monitor. At K&K we do the research and provide the comprehensive report in a concise and economical way. Need a license in a particular jurisdiction? The Alarm Exchange has a category of qualified individuals who are available to be engaged by you and hold the company license. Do not mistake this for “availing their license”. These qualified people are expected to fulfill the duties and obligations of a license holder for the company. K&K License Coordinator Eileen Wagda 516 747 6700 x 312 EWagda@Kirschenbaumesq.com maintains a private list of the best of the best people available; call her for assistance. K&K does NOT CHARGE for assisting you finding a qualifier, but only assists those who have purchased the Qualifier Agreement, a contract between company and license holder which you should have in place if the qualifier is not a company owner. Do not risk your company and perhaps more; have and maintain proper licenses for your business. If you’re not sure if you need a license, call K&K for advice, before you hear from the licensing agency seeking penalties and to put you out of business. ************************ STANDARD FORMS 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email 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. You can read articles and order alarm contracts on our 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 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
