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 white list ken@kirschenbaumesq.com ******************************* Comment on ESA and associations / more on protect v detect May 27, 2019 ************************ Comment on ESA and associations from May 13, 2019 ************************* Ken, Comments on the ESA and association participation. I see no benefit in the memberships. I am being forced to be a member of the ESA because of licensing requirements now in most states who are requiring it even though I have 30+ years experience. It has hurt our industry for expansion into other States. The new guy (unexperienced) has a better chance of getting licensed than I do, because he can do a quick exam and if he passes will be considered an expert. I have an associate’s degree in Electronic Engineering which used to be recognized by NICET as a level II, but now my degree carries no weight in the industry because of the association’s certification requirements. I spent 2 years in school but now you can get certified in a week. It’s all about the money and not the knowledge! The associations are Political PACS benefiting those at the top. Caused me nothing but trouble. Why does it make sense for someone licensed and doing business for 30 years in the alarm industry in one State, holds a low voltage electrical license in that State, has a 2 year Electronic Engineering degree from a local Community College not be qualified to hold a license in another State without taking an alarm exam, law exam, “AND” required to get certified by ESA or NICET to be even considered qualified? Terry Sprinkle ProGuard Systems Inc ******************* Response ******************* I don’t think you can hold ESA or local associations responsible for the proliferation of state licensing requirements. And, you can’t blame the associations for implementing training programs to comply with licensing requirements. We know that licensing is, at least partially, a revenue raising opportunity for the state. In most cases it serves a legitimate purpose to regulate those who want to be in the security or fire alarm business. There should be more reciprocity among states, even if they will all want their licensing fees paid. There is little reason for duplicate training requirements. ********************** more on protect v detect from article on May 8, 2019 *********************** Ken, I read your article on May 8, 2019 where you wrote about protection and detection. Your contract does use the word protection in the Equipment Limited Warranty. Should I just use the word detection in its place? Chris *********************** Response ************************ The word protection does appear in the Warranty provision: “ALARM COMPANY does not represent nor warrant that the security system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, or otherwise; or that the system will in all cases provide the protection for which it is installed.” I don’t think “detection” works here. I am ok with protection in the context of this sentence. While it is true that every provision in the Kirschenbaum Contracts ® is there for a reason, and the wording for each provision carefully chosen, the contract does need to be read and consider as a whole and words and sentences should not be read out of context. *********************** CONCIERGE LAWYER SERVICE FOR THE ALARM INDUSTRY PROGRAM 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
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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 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
