KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on failing to communicate test signals / Last call to schedule private or group meeting at ISC Meetings
March 21, 2026
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ALMOST TIME TO LEAVE FOR AIRPORT. DEFINITELY TIME TO PLAN YOUR DAYS AT ISC
Spots and time running out: schedule FREE Private or attend Group meeting at ISC
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Time slots are booking up for the ISC West 2026 meetings. Schedule private meeting with Ken Kirschenbaum, Rory Russell [broker for mergers and acquisitions], Mitch Reitman [taxes, accounting and consulting] or Shawn Iverson [The Insurance Center]. Ken, Mitch and Rory will meet at the Prestige Lounge; Shawn will meet at The Insurance Center booth, number 28095, on the ISC floor.
Ken Kirschenbaum is available for private meetings Tues - Thursday 10am to 4pm.
To book time for private free consult or register for a Group Meeting contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com. Concierge Client can also contact the Concierge Program Coordinator, Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com.
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Group Meetings: Call Kathleen to register. Yes, it's free!!!!
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Tuesday 2 pm to 3 PM
Is it time to update your contracts and other issues you should be concerned about. Hosted by Ken Kirschenbaum
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Wednesday: 10 am to11 am
Selling or buying a business
Selling your alarm, fire and integration business. Small to large transactions. Selling Fire Protection accounts. By Rory Russell and Ken Kirschenbaum
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Wednesday: 1 pm to 2 pm
What's on your mind. Open meeting to discuss what's important to you. Hosted by Ken Kirschenbaum
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Wednesday: 2 pm to 3 PM
The One Big Beautiful Bill (OBBB) and what it means for alarm company owners and their employees The OBBB was signed into law on July 4th 2025. It is hundreds of pages long and deals with various subjects, but it does contain some provisions which are very beneficial to owners of alarm companies. Mitch Reitman has read the entire Bill and can tell you what you need to know and what you can still do get the maximum benefit on your 2025 tax return. Hosted by Mitch Reitman
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Thursday: 10 am to 11am
Best options for E&O and other insurance needed by your industry. Hosted by Shawn Iverson, CIC, The Insurance Center, 1741 North 2000 West, Ogden, UT 84404, 801-622-2626
www.InsuranceCenterUT.com
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Thursday: 1pm to 2pm
Which accounts bring the highest multiples on sale; how to position yourself to maximize the value of your alarm / integration business. Hosted by Ken Kirschenbaum
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comment on failing to communicate test signals from article on March 2, 2026
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Ken,
While performing a live acceptance test with the fire marshal, the central station did not dispatch on the initial fire alarm signals. When questioned, they responded “we had a lot of signals during that time”. If this weas an actual fire that was not responded to, would the central station be 100% at fault?
ps, not the first time this has happened during a live test with the FD
Jason
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Response
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By "at fault" I assume you mean "liable". There are so many factors that would have to fit in place before liability could be established and a lot more before the central station could be held liable for damages. It's possible that a simple response from the central station that it was overwhelmed with calls and therefore missed some or could not respond to some, would not be negligence. A natural disaster may have occurred and the central station is justifiably overwhelmed. If the central station keeps talking and says it was busier than usual in the middle of an office party and decided to skip a few calls, then you have negligence, maybe gross negligence.
But central stations are not foolish enough to reveal that kind of behavior, and are smart enough to have contracts in place that provide contractual protection against claims for negligence and breach of contract. And, if the central station isn't that smart, it's probably smart enough to get the dealer to provide contractual indemnity. The dealer dumb enough to provide monitoring services without a contract, or proper contract, is also dumb enough to sign a Dealer Agreement without getting the K&K Rider to Central Station Dealer Agreement, which would, at the very least, limit the dealer's indemnity to its insurance coverage. But no contract, no rider, the central station's mistake will fall squarely on the dealer, and this dealer may very well not even carry E&O coverage.
Getting back on point, central stations need to comply with certain standards; they need to let the dealer, and the dealer needs to let the subscriber know, what those standards are. Failure to explain how the central station will handle the various signals it can receive leads to unfulfilled expectations, by dealer and subscriber. The central station gets to set its procedures, which would normally adhere to NFPA, UL and Fire Marshal or local police requirements.
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STANDARD FORMS Alarm / Security / Fire and related Agreements. click 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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ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ********************
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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
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