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 ****************************** PERS subscriber requests test signals be disabled / Sign up for free ISC Private Meetings October 16, 2025 ******************************** Private meetings at ISC EAST *************************** To arrange a private meeting with K&K and staff at ISC East on November 19 or 20 please contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. We are planning half hour appointments between 10:30 and 4:30 on November 19 and 20. If you think you need more time let us know. We look forward to seeing you at ISC; meetings will be outside the hall at the food court area. ************************* PERS subscriber requests test signals be disabled ************************* Ken, I have a PERS subscriber that uses the Nortek 2400 Panel (connected to customers rural voip line). They have requested that I cease the automatic reporting because the poor quality voip phone line garbles the automatic weekly check in signal resulting in the CS treating it as an uncategorized alarm signal and therefore EMS is dispatched to the residence. The resultant dispatch is disruptive because the reporting always occurs around 2 am local time. I am reluctant to turn off the trouble reporting and wanted to get your thoughts. My feeling is 'don't do it'. Regards and thanks, Jacques ************************ Response ************************ You likely set the PERS system up with regular periodic test signals because test signals are: 1) required in your contract; 2) recommended by the manufacturer; 3) prevailing custom and practice or 4) some other reason [because it does seem like a good idea] The subscriber's request needs to be in writing. Either the subscriber needs to write to you or you need to confirm the request in writing [email is OK] and ask for confirmation. If you are changing your contract terms or circumventing some other AHJ testing requirement you should refer to that in your written confirmation. Also, have subscriber sign a Disclaimer Notice where you indicate that you recommend upgraded communication [if possible - maybe cellular] and that you recommend trouble signals and testing, and that subscriber requested that these features be turned off. This Disclaimer Notice should be separate from the contract. One other thought. You may want to remind the subscriber that testing of the PERS unit might be a requirement of some insurance policy the subscriber has, just in case it is. It's not your responsibility to let the carrier know of termination of test signals unless you have provided a CIO [certificate of insurance] letting the carrier know that the PERS system includes regular testing. If you've been keeping any caregiver informed of the health of the system you should let the caregiver also know of the change in testing protocol. PERS is covered in the Standard PERS Agreement which is state by state; if selling PERS nationwide you use the Nationwide PERS Agreement because it addresses all the state specific requirements. ********************************* STANDARD FORM AGREEMENTS: 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. *********************** WEBINARS: https://www.kirschenbaumesq.com/page/alarm-webinars *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ******************** Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth *********************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* PODCASTS: https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477 ************************* Getting on our email list / 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. ************************** 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
