see other issues below

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Question:

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Ken,

    I find your email newsletter very informative, thank you.

    My question is regarding ADT's legal disclaimers that say:

 

"36-month monitoring agreement required from $42.99 per month, including QSP. In Las Vegas, NV, from $47.99 per month, including QSP. In California, 24-month monitoring agreement required from $42.99 per month, including QSP (24-month total from $1,031.76)."

 

    According to your site, CA does not have a statute limiting contract terms, so why does ADT have a seperate (lower) term for CA?  Is it due to a consent decree/lawsuit/AG order?  I tried to research it but came up with nothing.  Would appreciate any insight you could offer.

Thanks again,

Nate Harper

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Answer:

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    Why any company does anything that runs against custom and practice followed by others in the industry, or imposes terms that are not required by law, beats me.  All I can say is that ADT didn't ask for my advice.  I am not aware of any law that restricts contract term limits in California.  I also haven't heard about any court decree or agreement that restricts term limits.  My Standard Form Contracts for residential subscribers has a 5 years term and then renews month to month [even though in CA there is no restriction on the renewal term]. 

    Sometimes length of contract terms are determined by market competition, so maybe its more common to have a shorter term in CA or maybe ADT thinks it makes their services more attractive to the consumer. 

    To make sure I didn't miss anything I asked West Coast legal expert Les Gold to comment.  Here is what he had to say:

    Ken

    To the best of our knowledge,Nate is correct, there is no restriction on the length of a renewal in California.  I believe, in an effort to keep it that way, the alarm companies doing business in California attempt to be reasonable in the renewal term of residential contracts. I can only assume that is the rationale for ADT`s election to renew for a two year term, although never having discussed it with them I cannot say for sure.

Les

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POTS and PSTN

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Ken

    I believe most of the discussion has been related to security panels.  I have not seen anyone reference the 2010 edition of NFPA 72 National Fire Alarm and Signaling Code.  I would suggest interested parties read beginning at 26.6.3.2 for requirements for communication channels for Digital Alarm Communicator Transmitters.

John Garner

NICET Certification Number 95920

Fire Protection Engineering Technology

Fire Alarm Systems

Level IV

Electronic Specialty Company

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VOIP and CABLE MODEM Phones

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Ken:

 

    In my experience (including the telephone changeover in my own office) It is not the CABLE COMPANY that is the problem.

    Cox, Comcast, Charter etc thoroughly train their people to RECOGNIZE the RJ31X Jack and TEST the alarm prior to install and TEST THE ALARM after install.

    The issue is SUBCONTRACTORS who may or may not be properly licensed to do the work. These SUBCONTRACTORS are paid by the drop. Hence the desire to GET IN AND GET OUT. SUBS must do 3-5 drops a day to make money.  In every case that I have found a non working system the CABLEMODEM was installed by a sub who BACK FED  dial tone through TIP/RING to the phones in the house. The alarm panel now talks to dead phones if they leave the RJ31X hooked up at all.  (Pesky alarm siezes the line to dial out trouble all day....)

    I do not re-wire the cable company screw up. I simply call the cable company and get as high up on the managerial level as I can. I explain that their subcontractor has compromised a life safety system

    (If they had a loss I  emphasize that fact)) and my customer has called for service at $$$$$/hour which they intend to back bill the cable company for this improper installation.

    This has been quite successful in Connecticut where you must have a LICENSE too install telephone lines/equipment.

    For my own office phone system I specified a LICENSED INSTALLER OR COMCAST EMPLOYEE ONLY. When they had sent the 3rd UNLICENSED SUB and he saw I was serious about turning him in to CONSUMER PROTECTION because he was not licensed COMCAST sent an properly credentialed EMPLOYEE in a COMCAST OWNED truck.

Radio is a tremendous tool for redundency.....

Joel Kent

FBN Security Co LLC

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Door contacts

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Question:

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Ken,

    I really enjoy reading your news letter, extremely informative.

    My question:  Is there a requirement during a security or access control installation to install door contacts.  Are there certain applications that don't need them and others that may?  My applications are retro fitting schools, municipalities, federal buildings etc...

    We are a private alarm contractor conducting business in the Chicago land area.

Thank you!

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Answer:

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Ken,

    There is no right or wrong answer to this question. The answer is “No” if the door does not need it, the specs do not call for it, or the customer knows about it and does not want it. The answer is “Yes” in most instances and most likely in the locations mentioned i.e. schools, municipal and federal buildings. Install the contact if you want to monitor the status of the door. On doors where an electric lock strike will release the hold on the lock’s latch or bolt, to allow entry, there is no way to make sure the door will actually close enough to relock. In this scenario, did the door fail to reclose for some mechanical reason, i.e. the door closer broke and did not close the door to latching, the latch tongue broke and didn’t retract when it hit the strike thus preventing the door from latching in the strike keeper. Maybe the hinge broke, or the door is sagging, thus preventing the door from fully closing, or perhaps there is some buildup of snow, pebbles or debris at the bottom of the door frame. In effect, there is loss of control of who gets access, because anyone can have access, if the door is left ajar under any of those situations. On the other hand someone could deliberately stick something in the door, preventing the door from closing, to allow reentry at a later time, bypassing the subsequent need for the access control release. With a contact on the door, there is a better chance of monitoring the status of the door, and reporting the open door, to a responsible party. I say better chance because there is often an air gap, on contacts, some up to and over one inch, which can actually report a door as being closed when in fact the door has been closed enough to satisfy the contact but the lock’s latch, which will hold the door closed, did not catch. The door may have needed that extra say ¼ inch to actually latch and lock the door. Some doors that have a magnetic lock holding the door closed usually have a “bond sensor” built into the magnet that monitors the status of the door and can be wired to report that status. This type of sensor has a very small tolerance to any gaps. While building codes may not call for the addition of a door sensor contact, if using a magnetic lock, it is best to fully understand the requirements the local code with the possible, and probable, need to tie the release of the magnetic locks into the building’s fire alarm system for the fire alarm to fully control its’ release in the event of a fire. Check the building codes, check the specs.

Andy Lapinski

Goodstrong Lock & Alarm Co., Inc.

New Hyde Park, NY  11040-2730

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Lead Paint

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Ken

    Re : the question on lead paint- I just took the lead paint certification course  -Any disturbance to the paint- removing window moldings is a major problem - requires compliance

Compliance is onerous and entails a great deal of prep and cleaning and therefore cost.

    If alarm installations do not fall under the requirements, that would be great-  I would like to know where that would be stated  so we are covered.

Otherwise I believe that the fines are $37000.00 per violation

Alan K