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 whitelist ken@kirschenbaumesq.com ****************************** More on when is fire alarm trouble signal not a trouble signal June 14, 2024 ************************ More on when is fire alarm trouble signal not a trouble signal from article on May 18, 2024 ************************ Ken My central station is trying to get me to agree to using “procedures” or “special notes” to address E380 sensor troubles and other troubles for commercial fire alarm systems. This is nothing more than them putting the responsibility on the dealer to determine or layout how the central station should be addressing signals instead of the them following the codes/laws. Name withheld ************************** Response ************************** This is an important issue for a few reasons. First, I agree that the central station response procedures should adhere to industry standards, particularly those dictated by the NRTL. Equally important is that the central station communicate its procedures to the dealers, and that the dealers communicate these procedures to the end users. I am called upon to negotiate contract changes several times a week for companies all over the country [almost all of whom are Concierge Clients uses the free half hour each month for contract review]. It’s not uncommon for subscribers and their counsel to “redline” the Monitoring Provisions which outlines with some specifics - in generally - how alarm signals will be handled and the response procedure. The provision is not detailed by any means and does suggest that the central station have a Response Procedure Manual that it can give to the dealer. I routinely reject any change to this paragraph, explaining that even when the central station and dealer agree that special arrangements can be accommodated I believe it’s a mistake to accept these response requirements dictated by the subscriber, or worse its lawyers who know even less about response issues. Why? Operator error; that’s the number one issue when central stations don’t respond as they should to an alarm signal. Operators are trained how to handle signals. They shouldn’t be expected to change their response procedure for every subscriber who thinks they have a better idea. Of course, when necessary accommodations can be made, but this should be the exception, not the rule. This is an important issue for the central station and even more important for the dealer. Why? Well dealers need to keep in mind that they agree to indemnify the central station, even for the central station’s negligence. This is accepted and customary in the industry. If a dealer is smart enough to get and demand that the K&K Rider to Central Station be attached to the central station Dealer Agreement then the dealer’s exposure for the indemnity will be limited. A reminder; if your central station is not listed on The Alarm Exchange or will not accept the Rider to Central Station Dealer Agreement what you should do, without doubt, is find another central station, and fast. ************************* STANDARD FORMS 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** 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
