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 white list ken@kirschenbaumesq.com ************************************ Compromised security / Installer codes / Schedule Free meeting at ISC February 11, 2020 *********************** Schedule Free meeting at ISC with Ken Kirschenbaum I am scheduling free meetings at ISC now for March 18 and 19, 2020. The meetings are free and schedule in half hour increments, except for Concierge Clients who can reserve an hour. Any issues can be discussed or just stop by to chat. To reserve a time please contact our Concierge Coordinator Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. I will also be stopping by the following booths at the convention floor for meet and greet with those that stop by: Rapid Response Monitoring March 18 at 11 am All American Monitoring March 18 at 11:45 am AvantGuard Monitoring March 19 at 11 am Cops Monitoring March 19 at 11:45 am *********************** Compromised security *********************** Ken We have a client who wants to remove the siren from the alarm system. The life safety devices are still being monitored and the alert will sound if there is a fire. However, the alarm system also has a separate siren, which the client wants removed. We do have a held harmless agreement that we can provide as a waiver, but what are the legal ramifications of removing the siren? We need to inform the client. Thank you Suzy ********************** Response ********************** Is an alarm system’s effectiveness reduced by removing the siren? It’s not a legal question, yet. The question needs to be addressed by an alarm expert. I’ll guess and say that the siren does serve a purpose, notifying someone within hearing distance of the alarm, and therefore removal of the device will reduce effectiveness. But that doesn’t mean you can’t remove the siren [unless it’s a fire alarm that has been approved by the AHJ]. Intrusion and other alarm systems [other than fire] are usually optional and subscribers are free to design and redesign the systems to meet their budget. Since the siren is recommended by you [having been installed and now to be removed, or if this was a new installation, part of your recommendations] you need to get the subscriber’s removal instruction in writing. For a new installation it would be in the contract itself, in the Schedule of Equipment of Services. That omission in devices would also be in the Disclaimer Notice, where the subscriber would acknowledge that the siren was recommended and declined. Because this siren is already installed, use the Disclaimer Notice for the removal of the siren. You should already have full indemnity from the subscriber in the All in One agreement, so you don’t need a separate indemnity agreement. ********************** Installer codes ********************** Ken, As an alarm company are we required to change the installer code back to default or a number to give the customer since we do not want to give our installer code, or is it ok to just tell them the new installer can factory default the panel and reprogram? Another installer is telling the customer we are not allowed to block them from their panel. Thank you, Renee *************************** Response *************************** Are you required to reveal the installer code or default to the manufacturer’s code? Asked another way, can you block another alarm company from tampering with the system by not giving up the code. Absent a statute in your jurisdiction you are under no obligation to provide the code. There are a few jurisdictions where the code needs to be provided, particularly for fire alarms. Ordinarily it’s a matter of contract. The Standard Form Agreement provides that you will either reveal the code or default to manufacturer’s code, but only once the subscriber has completed the initial term of the agreement. A defaulting subscriber doesn’t get the code. ************************** 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ 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
