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NYC FIRE ISSUES REVISITED  
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CLARIFICATION RE UNLICENSED NYC FIRE INSTALLATIONS / FINE FROM JAN 10, 2015
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    I stated in my Jan 10 2015 article that a New York State Alarm Installer License didn't allow you to install fire in New York City.  That statement requires clarification.  You need the state alarm license [unless you're a master electrician in NYC] to qualify, but then you will also need a Certificate of Fitness from the NYC FD if you want to inspect or service fire alarm systems.
    To service and test fire alarms in NYC the company and technicians need to have a FDNY certificate of fitness ("A principal of a company that installs, inspects, tests and services fire alarm systems in New York City must hold a Certificate of Fitness for Fire Alarm Systems Inspection, Testing and Service Principal (S-97). The Principal must have received training in the manufacturer's recommendations for different types of fire alarm systems") and in order to get that certificate of fitness the company has to be licensed by NYS DOS DLS. 
    A master electrician licensed before July 15 1993  and waive in to do fire work but needs to register.  Employees will need to be documented same as alarm co employees.  A master electrician who wants to work outside of the jurisdiction were licensed as electrician needs to get the statewide license.  
    Apparently there is some confusion or disagreement about the need for a master electrician to get an alarm license.  A NYS license is required for fire alarm installation in New York City and a NYC licensed electrician is the only one allowed to install fire alarms in NYC.   But the licensed electrician is supposed to be licensed by NYS DOS DLS (electrician waver and employees are supposed to be fingerprinted and have employee statement sent to NYS DOS DLS);  that is a NYS law which cannot be waived by the FDNY, though the FD may not strictly enforce this and permits the electricians to perform the work.
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FIRE ALARM FINES IN NYC / CONTRACT ENFORCEMENT FOR THE UNLICENSED
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Ken,
    Regarding the NYC fire alarm submission.
    "Unnecessary or unwarranted" alarms generated from NYC fire alarms and smoke detectors are addressed here:
 http://rules.City of New York.us/content/section-907-01-fire-alarm-record keeping-smoke-detector-maintenance-testing-and-record keeping.
    Definitions:
UNNECESSARY ALARM. An alarm signal transmitted by a fire alarm system which functioned as designed, but for which a department response proved unnecessary. An example of an unnecessary alarm is an alarm triggered by smoke from a lit cigarette in a non-smoking area,when the presence of such smoke does not implicate fire safety concerns. UNWARRANTED ALARM. An alarm signal transmitted by a fire alarm system which failed to function as designed as a result of improper installation, improper maintenance, malfunction, or other factor. Examples of unwarranted alarms are alarms resulting from improper smoke detector placement, improper detector setting for installed location, lack of system maintenance, and control panel malfunction. 
    Penalties will be found here:
http://rules.City of New York.us/tags/unnecessary-or-unwarranted-alarms.
    I have a legal question related to any jurisdiction: If the company providing fire alarm installation, service, repairs and/or monitoring to a building owner uses your contracts and if it is later determined that the company does not hold the proper licenses or certifications for that jurisdiction, are any (or all) of the items in the contract still enforceable (including the false alarm fine portion of the contract)?  
Edward Keshecki, SET
Statewide Central Station
Staten Island, NY
www.statewidecs.com
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ANSWER WITH QUESTIONS RE INSURANCE COVERAGE
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    There are disadvantages to not being licensed, and an unlicensed contractor cannot recover against a consumer on a consumer contract.  However, I believe that even an unlicensed contractor can rely on the contract with the subscriber.  Whether a judge will refuse to enforce all or part of the contract is uncertain.  There's not likely a statute that covers the issue and case law can be twisted to suit the result the judge wants, especially when the issue is a minor fine.  A more serious question is whether an unlicensed alarm company is going to be able to rely on the protective provisions if there is a fire loss and it's alleged that the fire alarm didn't work as expected.  That is a question every E&O insurer should be asking.  "Is the alarm company applying for insurance licensed for all services it performs?"  And every alarm co should be asking: "Am I going to be protected by this insurance policy if I perform services for which I am not licensed".  
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NON QUALIFIED SERVICES
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Ken
    That person/firm that just monitors that NYC fire alarm system can’t even do that without having an S-97/98 holder employed and not to just cover him.   This monitor requires an on site operation of that transmitter by sending different signals and you cannot just blindly provide monitoring without not going on site and run signal testing and charge for this.   The daily test timer does not count as a proper test either.   There is also a procedure in addition to the letter to make this go away.   Not stated here is the system required and if so approved that would negate the removal of the detector.   Here is another case of someone doing something that they know nothing about and should not.   
SG
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ALARM ASSOCIATIONS RE DEKALB FINES FROM DEC 27 2014 ARTICLE
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Ken
    In my experience people do not join alarm associations because of the knowledge that whatever the alarm Association fights for in the legislature all licensed alarm dealers will receive the same benefit if the state requires training and the alarm association is very active in providing training sometimes put discount available to members is enough to convince some companies to join the association even for a short period the resources of the state alarm associations are finite and in some cases when alarm Association does not have the funds to properly fight an unfair ordinance all will suffer it is this short sighted attitude that makes it tough for alarm associations to mount a consistent fight against unfair ordinances and regulations if we are all banded together as a cohesive unit we can make progress in our industry if not then we are at the mercy of the legislators City Council's mayors and worst case scenario "Cry Wolf" we'll be on our doorstep
Joel Kent
Training Chair. CASIA
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