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Comment on Liability for lending tools / Comment on pool alert alarm  / Comment on licensing 
February 23, 2023
Comment on Liability for lending tools from article on February 6, 2023
          Law is never clearly black and white. It was probably requested by owners of farming equipment. Tractors and large farming machines are awfully expensive, dealers slow to provide timely service and repairs very expensive.
          Consumer electronic is another example of right to repair. Users drop phone and can't buy parts to fix it.
          Fire alarm is required by law and specifies that license is required to install and service. Users are not qualified to do that. Distributors doing business as wholesale to the trade may not be required to sell to consumers and if they do, the retail price should be much higher than wholesale. Some distributors already have leveled price structure based on dealer volume purchases.
          Right now the Right to Repair is only in New York.  Other states are soon to follow.  Despite the broad working in New York’s law and what we can anticipate in other state or federal law it will take a plethora of law suits and case law to interpret and refine the laws.  We already know that the law applies to electronic devices and it excludes devices relied upon by First Responders; that would undoubtedly include fire alarms.  As I pointed out in my prior response the law will not be able to be used to circumvent licensing laws, but that’s just my take..
Comment on pool alert alarm and door chime from article on February 4, 2023
          Pool alarms have been a sore spot for alarm dealers for years. In Virginia, the requirement is fairly simple. You must have a 5' fence around your pool. If your home is the forth leg of that fence, then all doors that give direct access to that pool must meet one of the following:
  *  1st, a sounding device that activates if the door is opened for more than 30 seconds (normally has a temporary exit delay button giving the homeowner the 30 seconds), after pressing the exit button, the door has to be closed to avoid the alarm. George Risk Industries makes the unit that the code was written around.
  *  2nd, an auto closer on the door(s) with an auto latching lock above toddler height.
  *  3rd, automatic pool cover for when the pool is not being used.
          I'm not sure if the 2nd and 3rd have been modified in recent years. The sounders are a pain in the butt if you need to carry something to the pool area since you cannot keep the door open for more than 30 seconds.
          Radio Shack (remember them) had a unit that passed code and the home owner would remove it after getting the pool CO. One inspector told one of my clients, "I know what you are going to do after I leave. If a child drowns in your pool, after you remove it, law enforcement will hang you." That's good advice to give to any client who may consider disabling the "pain in the butt" device.
Stan Corn
Alarms Inc.
          According to you Virginia requires that the pool chime [or whatever distinct sound] continue until the door is shut.  As you point out that’s not very practical when the intention is to leave the door open for whatever reason.  The UL guideline seems more workable – a distinct sound when the door is opened to sound for 30 seconds.
          The inspector is sure right about one thing [and BTW all due respect to Dusan] the law would be pretty black and white on this one if the injured child gained access from an unprotected door and the incident came to the attention of the authorities. 
          If your customer has in in-ground pool and won’t install a lawful pool alarm use the Disclaimer Notice and another disclaimer in the Schedule of Equipment and Services.  That should encourage your customer to comply with the law and then make sure you do.  We don’t want your pool alarm to be deficient and contributing to the loss.
Comment on licensing [NY co hiring Florida co] from article on February 2, 2023
          Yes we are licensed in 7 eastern seaboard states including Florida. David is correct; when we were getting licensed we had to sit in front of the board so they could talk to us before we got our final OK for a license. I was totally amazed at the way they conduct their meetings; all I can say is don’t try and screw with Florida if you’re an unlicensed alarm company and not licensed in Florida. Along with this the counties in Florida have a minimum of one person driving around looking for contractors when they find them they stop in and ask for licenses; need I say more
          In contrast New Yuck State is a joke. I know of an unlicensed alarm company. New Yuck State has not corrected this issue  
          We have the government money can buy..!!
          Licensing and license enforcement is not uniform throughout the United States.  The gamut runs from very strict and no enforcement effort at all. 
          If you decide to contract for work or do work where you aren’t licensed you run many risks.  I know you’re thinking about liability for a loss and derive some comfort from your contracts and your E&O coverage.  Not licensed may give an inference that you aren’t qualified but it won’t be a determining factor for your liability; it will still have to be proved that you did something wrong; wrong in the sense that you deviated from industry standards, manufacturer’s instructions and laws and codes.
          Another concern should be that you may end up developing a sizable customer base in the state only to be barred from continuing in business in that state; required to notify all customers that they are released from their contract and entitled to a full refund for anything they paid you.  That’s pretty harsh and scary. 
          Better practice is to get licensed and maintain the license where required.  K&K License Coordinator Eileen Wagda can assist with your licensing needs.  You reach her at 1 516 747 6700 x 312 or

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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