KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on request to take fire alarm off-line 
/ Register today for diligence webinar

September 7, 2022
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Comment on request to take fire alarm off-line from August 11, 2022
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Ken
          With regards to a request by a third party to put a fire alarm off-line from the article on August 11, 2022:
          The original question was:
          “A customer has asked that we take their municipal fire alarm connection offline in the morning for some sprinkler work and return later in the day to put the system back online when the work is completed. If the customer is going to provide their own fire watch while the municipal box is offline, are we allowed to accommodate this request?  If customer hasn't confirmed it intends to engage fire watch do we need to provide the fire watch or keep tech at premises while off-line, or what?”
          Here is my suggestion:
          Why does the customer not request that the fire department come out and disable the municipal box (remove the trip lever in the box) themselves directly thereby leaving the alarm dealer out of the equation?   Is there no disconnect in the building with the fire alarm system to do this?   As far as the fire watch, why is that the fire alarm companies concern as opposed to the customer?  
          The customer must take full responsibility for that and not them.   They should stay out of it if possible.   But if they are so concerned, a simple notification to the customer of which the customer should acknowledge when taken off line that notifies them of what has to be done should do it.  
          FDNY have a protocol to do this and in a similar manner that should apply here as well.   Notifying the fire department as well seals the deal.   Lastly, why does this firm do fire alarm work if they do not know what to do here?
SG
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Response
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          I think the issue I found interesting was who made the request to go off-line.  The central station can’t accept that kind of request from just anyone, no matter how convincing their reason is.  Unless the subscriber has authorized the dealer to act on behalf of the subscriber the dealer probably doesn’t have the authority to make the request.  I know it’s done all the time, and likely without incident, but that doesn’t make it right.  The Standard Form Agreements provide for appointment of the dealer to act for the subscriber when dealing with the central station, and that’s the better practice.  That means that a third party can’t make the call and make the request.
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Registration for Sept 13, 2022 webinar on performing due diligence
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          We’ve all heard the terminology, due diligence, in connection with a transaction to buy alarm accounts, but what due diligence actually consists of and how you get it done is not as familiar to everyone. In fact, due diligence can run the gamut from a cursory review of records to a comprehensive analysis that comes close to [and sometimes exceeds] a forensic financial audit.  Who you can and should engage for due diligence can also be an elusive choice. 
          Jim Wooster, Jr., of AFS [Alarm Financial Services], a lender to the alarm industry collateralized by alarm accounts, is opening a new service to perform Due Diligence.  I asked Jim to do a webinar to introduce his new Due Diligence service and it will be presented on September 13, 2022 at noon ET.  See you then.
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Webinar:  Due Diligence in alarm industry on buy-sell or loan transaction
When:  September 13, 2022  12PM  ET
Topic:  Due diligence; what it means, what it involves, how it's performed and who  you can get to do it
Presented by:  Jim Wooster, Jr., President of Alarm Financial Services, Inc 
Hosted by:  Ken Kirschenbaum,Esq
Who should attend:  Alarm company owners, CFO, buyers and sellers
Register:   https://attendee.gotowebinar.com/register/7167573789756862478
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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To order up to date Standard Form Alarm /  Security / Fire and related Agreements click here: www.alarmcontracts.com
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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