February 16, 2012

 

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Lock out codes in TX

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Ken,

There are several reasons why an alarm company would not want to give an end user access to the programming codes of an alarm panel. Among those is that some people are convinced that they are “techie” enough to program anything, and they might want, or have some other company, to tweak the programming. Not fully understanding how to program a particular alarm panel, or understanding the associated code requirements, could lead to an error in programming that could cause the alarm panel to either not function properly, or not report and alarm condition properly, or both.

If the end-user, even if he owns the panel, changes the code and the panel does not work properly, and some disaster happens, then who would get the blame? The alarm company must maintain the integrity of the programming in the panel. The Texas Fire Alarm Code provides that an owner is entitled to have access to the codes, BUT not unless he is willing to sign a waiver of liability. Such a waiver should say that the alarm company can no longer be responsible for the correct programming or working of the panel.

 

Texas Insurance Code

Chapter 6002

(formerly Article 5.43-2)

Fire Detection and Alarm Device Installation & 28 TAC §§ 34.600

the Fire Alarm Rules

§ 34.616. Sales, Installation, and Service

(6) Upon request of the owner of the fire alarm system, a registered firm must provide all passwords, including those for the site specific software, but the registered firm may refrain from providing that information until the system owner signs a liability waiver provided by the registered firm.

 

http://www.tdi.texas.gov/fire/documents/fmalarmstat2011.pdf

 

Gary Dawkins, CEO

 

Response Center USA

San Antonio, TX

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Comment on lock out codes

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Ken

I have to disagree with Tim [Feb 8, 2012 email] about the programming of a panel being his companies intellectual property. The computer program itself I'm sure is the company's property, but that customer pays you to install and program that system. If it was an outright sale of the equipment, that programming should be part of the sale. I have had customers who for whatever reason decide to go with another dealer. It is usually after they have not paid their bill for some time. If a customer goes 60 days in arrears, I will generally call up and lock out the panel. If at some point they inform me that they have decided to go with another alarm dealer, I ask them to bring their account up to date. Once I get paid, I will unlock the panel, and reinstall the default installer codes and Central Station ID codes and remove any Central Station telephone numbers etc. Anything more than that, I consider the customer's property and won't mess with it. Defaulting a panel in many ways renders it useless to the customer. I think more liability would attach to doing that.

John from NJ

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No permit issue

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Ken

I recall a case in the early 1980's where the Riverside California Police refused to respond to a PANIC alarm. The central Station called several times and at one point were told by a supervisor that " BECAUSE THERE WAS NO PERMIT THEY WOULD NOT RESPOND"

The outcome was that a neighbor found the homeowner savagely beaten and sexually assaulted in the garage. The resulting suit included a change in policy on the response process.

Most forward thinking municipalities that I have dealt with have a policy that they WILL RESPOND TO ALARMS WITHOUT A PERMIT. After the response they leave a summons for up to $100.00 for failure to secure a permit, and an answer date by which a permit must be taken or additional fines are levied.

Joel Kent

FBN Security Co LLC

Windsor, CT

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