I have been asked to comment on the pending legislation in the state of
Delaware that, if passed, will reputedly been the first statewide law requiring
alarm companies to verify an alarm condition by telephone, if unable to do so,
send a private guard the premises to verify that the alarm is a real alarm
condition, i.e., not a false alarm. Fines for failure to comply are assessed
against the alarm company.
First of all, this law has not passed yet. Second, the "standard"
security contracts I provide to the industry has a provision that required the
subscriber to pay all false alarm fines. Though Delaware may fine the alarm
company, the alarm company will invoice the subscriber. ( I have not heard
that the proposed statute would prohibit this indemnity).
I have often wondered how law enforcement in probably all jurisdictions
would be able to provide proper police and fire protection without the aid of
the alarm industry. We hear all about the false alarm burden and the cost to
police and fire departments, but I have never seen a statistic from a
governmental agency regarding the cost it would have if it had to provide
protection within its jurisdiction without alarm systems. I would think that
many more personnel and equipment would be needed to cover the jurisdiction
since alarm systems would not be in use. In any event, it is not likely that
government will legislate the end of alarm systems.
My personal perspective is legal, and that analysis seems fairly simple.
Under its police powers a government can impose laws that further its ability
to provide that protection (police and fire). Unless specifically prohibited
by statute the alarm companies can shift the burden of fines to its
subscribers. In fact, the "standard" contracts also provide that the alarm
company can charge for additional services not included in the contract that
the alarm company is either asked to do by the subscriber or which the alarm
company is required to do by new laws. This would seem to be an additional
service that is imposed on the alarm company which is chargeable as an extra
service. So there could be a verification charge, whether the alarm is valid
or false. Of course you need to have these provisions in your contract which
permit the "pass along" charges.
From a business point of view I suppose this could be viewed as new way
for alarm companies to make money, especially if they are in the monitoring or
guard response business. I will leave that idea to the business people and
marketing people in the alarm industry to try and figure out how to turn this
new turn of events into a money making proposition.
Check your contracts and make sure you are protected if this new proposed
legislation becomes law, first in Delaware and then in your town.