**********************
DO YOU GET YOUR CONTRACT OR CENTRAL STATION CONTRACT SIGNED, OR BOTH
**********************
Ken,
    Thank you for your newsletters and contracts.  They are very helpful.  If I recall correctly, in the past you have stated that if an alarm company is using your contracts the alarm company's customers should not sign a contract with the alarm company's contracted monitoring station.  Is this correct?  If so, please explain why and what the drawbacks would be.  Thank you.
Chris 
***********************
RESPONSE
***********************
    Not correct.  Don't be confused between your contract and the central station's contract.  They are not the same.  You are not protected by the central station contract, at least not as well as you could be if you used your own contract.  By protected I mean defending yourself if you get sued by a subscriber for a loss.  Perhaps equally important to you is that using the central station contract only will build MUCH LESS EQUITY in your business.  In fact, if you look at that contract you will see that it doesn't even have the amount you are charging the subscriber, and that's because it's not intended as the agreement between you and the subscriber.
    A central station that gives you its contract, requires it to be signed, and does not tell you that you should have your own contract is doing you such a disservice I suggest you find another central station, fast.
    The central station's contract protects the central station.  If I provided that contract to the central station then I did include some protection that extends to the dealer, but it's not sufficient.  
    Here is where there is some confusion.  If you use the Standard Form Agreement [preferrably the All in One forms] then many central stations will not require you to get the central station contract signed because they know that they are protected in your contract.  So by using a Standard Form Agreement you can sometimes avoid getting a second contract, provided by the central station, signed.  
    You ALWAYS need to get YOUR contract signed.  Whether you have to also get the central station's contract signed will depend on the central station.  Some may want its subscriber information form completed or may not want to bother reviewing its dealers' contracts to be sure they provide proper protection to the central station.  While not all central stations will agree, in my opinion most will be better protected if they accept the dealer's Standard Form Agreement, because then both will have the protection of those contracts.
**********************
COMMENT ON WHO SIGNS FIRE ALARM PLANS
**********************
Ken
    In reference to "who signs fire alarm plans", here is the scoop.  In NY State, the NY State Education Law requires that all plans (presumably including fire alarm) be signed and sealed by a licensed architect or professional engineer (or thru a quirk in the law, land surveyor).  Here is an excerpt of the law: 
    NYS Education Law
§7209. Special provisions. 1. Every professional engineer and every land surveyor shall have a seal, approved by the board, which shall contain the name of the professional engineer and the words "Licensed Professional Engineer" or the name of the land surveyor and the words "Licensed Land Surveyor" and such other words or figures as the board may deem necessary. All plans, specifications, plats and reports relating to the construction or alteration of buildings or structures prepared by such professional engineer and all plans, specifications, plats and reports prepared by such land surveyor or by a full-time or part-time subordinate under his supervision, shall be stamped with such seal and shall also be signed, on the original with the personal signature of such professional engineer or land surveyor when filed with public officials. No official of this state, or of any city, county, town or village therein, charged with the enforcement of laws, ordinances or regulations shall accept or approve any plans or specifications that are not stamped: a. With the seal of an architect or professional engineer or land surveyor licensed in this state and bearing the authorized facsimile of the signature of such architect or professional engineer or land surveyor, or b. With the official seal and authorized facsimile of the signature of a professional engineer or land surveyor not a resident of this state and having no established business in this state, but who is legally qualified to practice as such in his own state or country, provided that such person may lawfully practice as such in this state, and provided further that the plans or specifications are accompanied by and have attached thereto written authorization issued by the department certifying to such right to practice at such time. 2. To all plans, specifications, plats and reports to which the seal of a professional engineer or land surveyor has been applied, there shall also be applied a stamp with appropriate wording warnin! g that it is a violation of this law for any person, unless he is acting under the direction of a licensed professional engineer or land surveyor, to alter an item in any way. If an item bearing the seal of an engineer or land surveyor is altered, the altering engineer or land surveyor shall affix to the item his seal and the notation "altered by" followed by his signature and the date of such alteration, and a specific description of the alteration
    In the real world, there are some AHJ's who will accept plans from "qualified" persons (NICET III and IV) who are not one of the above, but they are playing it wild and free.   Deviations from the law are fine until there is a major loss and folks start poking thru the ruins and the paperwork and find........ that's when the SHTF.  
    Be safe, cover yourself, use submittal documents that are done correctly and signed/sealed by the appropriate design professional.  You then have a co-defendant (the engineer/architect) and another insurer (the engineer's carrier) to assist in your defense.
Joseph Hayes, CPP, PSP,SET
All County Security Inc.
Ossining NY
914-645-1289
hayescpp@optonline.net
***********************
RESPONSE
***********************
    Joe Hayes is listed on The Alarm Exchange under the Technical Support category.  His business is an independent consulting engineering firm, specializing in fire code consulting and system design and also provides certified training in the fields of fire alarm and security technology.  As an independent consultant, he works only for our clients on a fee for services basis and are not affiliated with any manufacturer or product.  You can reach Joe at  
hayescpp@optonline.net    www.firealarmdesign.net.  I appreciate his participation on this forum.
***********************