KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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ISC Schedule / Who owns the permit
March 17, 2023
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Schedule for Group Discussion Meetings at ISC [subject to dealer interest] Meetings are limited to 6 dealers. Contact Stacy Spector,Esq at 1 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com to reserve a spot. Private meetings with Ken Kirschenbaum are still available – contact Stacy for appointment. All meetings presently scheduled at Palazzo Prestige Lounge.
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Group Meeting Schedule:
Tuesday, March 28 at 2:00pm-2:45pm: Employee Retention Credit Group Meeting with Mitch Reitman
Tuesday, March 28 at 3:00pm-3:45pm: Central Station Group Meeting with Director of Sales Joe Goodman, COPS
Wednesday, March 29 at 10:00am-11:00am: Finance Group Discussion with Jim Wooster, Alarm Financial Services
Wednesday, March 29 at 3:30pm-4:00pm: AIN Buying Group with Stan Matysiak
Thursday, March 30 at 9:30 - 10:30am at ESA meeting room: Bassano Suite 2705 by convention floor: Liability, insurance, horror stories, claims and other issues from perspective of Claims Administrator [Bart} and Alarm Defense Attorney [Ken]. Ken Kirschenbaum and Bart Didden. This promises to be entertaining and informative. You don't want to miss this.
Thursday, March 30 at 11:00am-11:45: Alarm Brokers Group meeting with Rory Russell, Acquisition & Funding Services
Thursday, March 30 at 1:00pm-1:45pm: Contracts Group Meeting with Ken Kirschenbaum
Thursday, March 30 at 2:00pm-2:45pm: Insurance E&O Group Meeting with Shawn Iverson, The Insurance Center
Thursday, March 30 at 3:00pm-3:45pm: Sale or Purchase of Business Group Meeting with Ken Kirschenbaum
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Private Meeting Schedule: Still a few open times for private meetings. Today is last workday before we head to Las Vegas so if you want to participate in our meetings call Stacy today.
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Who owns permits
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Ken,
On the topic of permits, and who owns them, this is from our New Jersey Uniform Construction Code, NJAC 5:23.
“N.J.A.C. 5:23-2.15 Construction permits--application
(d) Application for a permit shall be made by the owner, or his or her agent, a licensed engineer, architect, plumbing, electrical, heating, ventilation, air conditioning, and refrigeration, or other contractor employed in connection with the proposed work. If the application is by a person other than the owner, it shall be accompanied by an affidavit of the owner or the authorized person making the application, that the proposed work is authorized by the owner, and that the applicant is authorized to make such application. All issued permits shall remain the property of the owner, even if the application was made by a contractor or authorized agent.”
Contractors need to keep that in mind and notify the construction official in writing if they are no longer the contractor such that the construction official can notify the property owner that a change of contractor is in order. As you noted, contracts, contracts contracts to which I will defer to your expertise.
Sincerely,
John Drucker, CET, ICC Certified
Fire Protection and Electrical Subcode Official
New Jersey
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Response
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What most alarm companies need to know is that in most if not all states if a permit is required for the work the contractor has to apply for the permit. The Kirschenbaum Contracts™ make it clear that the customer must pay for the permit fees.
John comment was in connection with the article that mentioned the contract Confidentiality Agreement for Estimates and Specifications. That agreement requires a prospective customers from using your plans and specification to shop the job; it doesn’t address the ownership of the permit.
I should add that I appreciate the contribution to this forum by an AHJ.
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STANDARD FORM AGREEMENTS: To order up to date Standard Form 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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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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