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 ****************************** Do you need license to carry lock pick / Fire protection and detection system co-dependent agreements June 14, 2021 *************************** Do you need license to carry lock pick ************************** Ken Sometimes I don’t have the key to a control box with me or the control box is behind a locked door that nobody present has the key to. My question is, as long as we have the permission of the owner or representative is it legal for a licensed (alarm license) individual to use lock picks? I suppose the next reasonable question is if I am stopped by the police and they find my lock pick set am I allowed to have these or do I possibly face arrest? For this question please keep me Anonymous ************************ Response ************************* Owning a lock pick set is illegal in Nevada, Ohio, and Virginia. These states consider ownership of a lock pick set "prima facie evidence." This essentially means these states might put you in a position of proving you weren't planning to use the lock pick set for the purpose of committing a crime. Airlines warn that tools that are 7 inches or less in length are allowed in carry-on bags. Any sharp objects in checked bags should be sheathed or securely wrapped to prevent injury to baggage handlers and inspectors. If the subscriber permits you to pick a lock then you can use any tool you have at your disposal. Lock picks can certainly be carried by licensed locksmiths. Your alarm license or credentials do not make you a locksmith, but unless you are performing patrol and alarm services on the midnight shift when no alarm has been reported I think the trades may be sufficiently close so that you can talk your way out of trouble. *************************** Fire protection and detection system co-dependent agreements *************************** Ken, We are hoping to sign new agreements with one of our subscribers, both alarm and suppression agreements. There is some shared costs, like quarterly inspection and testing the sprinkler system, flow test; the alarm would be a shared event. Also, we may not want to continue sprinkler inspection and testing without also having the alarm agreement. What can language can we include in each agreement that stipulates they are priced to work together; where should it be included? Thank you, Jeff ************************* Response ************************** This is obviously a commercial account. You will be using the Fire All in One, which is the commercial fire contract that covers installation as well as all the services, including inspection. For the fire suppression system you will be using the Fire Protection All in One, which covers installation and all the services for sprinklers and other suppression and protection devices usually required by local code and enforced by Fire Marshals or fire departments. Fill each contract out as you normally would. On each add this: "This agreement is being signed concurrently with an agreement between the parties for [the other system] dated the date of this agreement, and each agreement is dependent upon the other so that a termination or default of one will operate as a termination or default of the other." There is nothing magical about the above language and it can certainly be worded differently if necessary. Your customer may prefer: "This agreement and the agreement entitled [other agreement] shall be deemed a single agreement running concurrently". **************************** ISC schedule ***************** I’ll be at ISC in July and we are now scheduling private meetings and participation in round table discussions, topics and guest speakers TBA. Time for private meetings are limited so please reach out to Stacy Spector, Esq at 516 987 8428 or SSpector@Kirschenbaumesq.com. Concierge Clients with appointments are all set. ****************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY 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
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
