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lack of smoke detectors a deficiency that needs to be noted, and where / what about arbitration clause / Webinar registration
April 30,  2022
Is lack of smoke detectors a deficiency that needs to be noted, and where is it noted / what about arbitration clause
  I have the residential and commercial all in one and I had a couple of questions.      Should the arbitration rider always be a part of the all in one? 
If I am installing only a burglar alarm in a home and the customer did not request smoke detectors, should I list lack of smoke detectors a deficiency?   Even if we are only doing burglar alarm?
          Your inquiry about the arbitration clause may confuse others because you are in Pennsylvania.  In PA the arbitration clause is a separate Rider, whereas in almost all other states it’s found in the Legal Paragraph, usually in conspicuous font either strongly suggested or required by that state’s consumer law.
          The real question is, do you want the arbitration clause in your contract or part of your contract.  You can arrive at the answer by considering these issues:
  *  do you want to leave yourself open to a class action by your subscribers
  *  do you want to get into a lawsuit in some court that is remote and inconvenient for you, maybe across the state or another state
  *  do you want to get stuck in a jury trial
  *  do you want to be stuck in a protracted litigation, likely costly, time consuming and take a long time
  *  would you prefer to be able to resolve your dispute, claim or collection matter in a matter of a few months and for minimal outlay of legal fees and expenses
          After you answer the above you should have arrived at the correct answer, chose arbitration, and be sure to choose the arbitration forum selected by your contract because it is the most efficient and reasonably priced forum for the alarm industry.  If you agree to different arbitration companies you may end up with a more expensive and delayed proceeding than if you went to court.
          You are called into a residence specifically for a security system, burglar alarm.  Would you be expected to mention to the consumer that smoke detectors should be installed; monitored?  What about CO detectors?  Heat detectors?  How about back-up communication device, such as radio? 
          When you use the Residential All in One form does provide that you have offered more equipment and services.  Not too many alarm companies are so limited that they offer only one type of system and won’t sell and install, or arrange for the sale and installation, or additional security [and for residential I include fire, cameras and access control in the definition of security]. 
          You have to ask yourself if you are in a state or area where certain equipment and services are expected.  Building codes just about everywhere require smoke detectors in residences.  Trade magazines and AHJ would like all agree that certain types of systems and services are appropriate if not essential in a residence.  Smoke detectors are such devices.  So I think you would be remiss [read as “negligent”] if you didn’t mention smoke detectors if you notice that they are needed.
          Where would you document that you pointed out the need for smoke detectors?  You could mention it in the Schedule of Equipment of Services.  While that Rider to the All in One is designed to list the equipment that you are installing and the services you are providing, it’s also a good place to mention deficiencies in the equipment or services.
          But this is exactly what the Disclaimer Notice I designed for.  It’s exactly why the Disclaimer Notice was introduced many years ago. The Disclaimer Notice is not a contract; it’s an acknowledgment by the subscriber that you have offered more, that there are known equipment and services that are not being installed but are available, from you or others.  This is a separate document that the subscriber will have a hard time getting around if a claim is made that you didn’t suggest or recommend something that the subscriber [or his lawyer] think you should have suggested. 
          If you don’t have an updated All in One and Disclaimer Notice you really need to ask yourself, why.  What are you waiting for? 

Webinar on assistance getting licensed
Webinar Title:  Filing for and renewing your alarm license
Topic Details:  Once you know where you need the license and what license you need, and you know you’re qualified, The Cmoor Group handles the minutia details filing for the license and has the software to monitor for renewal compliance.
When:  May 3, 2022 at 12 PM ET
Presenter:  Connie Moorhead, President of The CMOOR Group. or call 502-254-1590, ext. 101
Hosted by: Ken Kirschenbaum,Esq
Who should attend:  license holders, license compliance officers, owners, managers
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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