KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Fire Alarm Phone Line Issues and your time / ISC private meetings / holiday party 2024
November 4, 2024
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Time is running out.  We will soon be closing the meeting time opportunities. Schedule your free private meeting with KK at ISC East
No "last minute" meetings will be scheduled.

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    If you're interested in a private [yes, it's free] meeting at ISC East [we will be meeting just outside the exhibit hall] please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.comConcierge Clients will have priority.

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Fire Alarm Phone Line Issues and your time
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Ken,
         With the advent of technology and not using copper phone lines we find that we spend more time with some subscribers because of phone line issues.  We have some facilities that switched to brand x phone carrier and a couple times a month the daily tests fail.  Main concern is the lack of reliability, but also, we spend time making sure the facility is notified and a back and forth time consuming event happens.  As you know, we use your contracts (Commercial Fire All in One) and wonder about billing for our time involved, with the hopes they realize the cost saving with brand x isn't as good as staying with a more reliable provider.  
We also find that utilizing a brand x provider sometimes means a longer delay in restoration of service; subscriber calls their rep who has to channel through to their repair, then they have to contact their provider (like Verizon) to trouble shoot on their end; many times it takes several days, meaning, no central station monitoring for that time and more back and forth on our end.
In some instances we get the subscriber to switch to an alternate mode of communications such as Starlink and then there is no need for the phone lines.
We realize that once the signal leaves the alarm panel it isn't our issue, but, it still seems to be and is costing us time (money).  Your thoughts and suggestions?
  Thank you,
Jeff
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Response
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          K&K has provided you with the Fire All in One which has a provision for excessive signals.  Concededly a few signals a month for communication failure isn’t considered excessive [like run away signals].  But recently a central station educated me on at least one factor it takes into consideration when deciding what to charge a new [or existing] dealer for monitoring charges.  I believe the term as Operator Assisted Response [something like that].  Central stations have their own calculation for how many operators need to be available to handle signals.  Obviously I am not talking about automated signals, but signals that do require an operator to do something, whether it’s calling a dealer or subscriber, or both, of electric or communication failure, other trouble signals, to dispatching police, fire, EMT or calling someone else on a Call List.  A UL Listed fire alarm customer who goes out of service, for any reason, may also require the central station to notify the AHJ.  Communication failure, which is what you inquire about, is equivalent to a trouble signal [if I’m wrong the cs experts can correct me]; it generally does not require dispatch to first responders.  But communication failure that is not restored within, I believe 8 hours, would require notification to the AHJ.  This is something that you need to consider because your central station or a new central station you want to switch to is going to want to know your Operator Assistance Signals.  The more you have the higher your rate is likely to be.  [Similar to your “loss run” your E&O insurance carrier considers when determining your premium]. 
          So why should a commercial fire alarm subscriber care if the AHJ is notified of communication failure?  Well, besides all the obvious reasons about safety and potential property damage, the possibility that the AHJ will require Fire Watch, and that can be costly for the subscriber. 
          Your proposal to the customer may include your recommendation that there is landline and radio, or just radio, whatever you believe to be more reliable.  The popularity of the Napco Starlink cannot [and should not] be ignored, and there has to be a reason for that popularity.  If that is your recommendation then it belongs in the proposal. 
          Equally important, you should include your recommendation, if not accepted by the customer, in the Disclaimer Notice.  Emphasize that you recommended Starlink or other communication pathway other than landline because it’s less worrisome and more reliable, and the customer declined your advice.  If that doesn’t get you the radio order with its RMR then at least you can sleep easier knowing you documented your recommendation.
          None of the Standard Form Agreements provide for “per call” signaling charges, though you could certainly add that to the contract.  Those would not be recurring changes, even if they end up being consistent.     
          Of course if you send a repair tech to the premises that will be considered a service call.  If you’re on “per call” you’ll be charging for the call.  If you have a service plan with RMR you could also charge if the reason for the call turns out to be something other than alarm equipment wear and tear. 
          Your final comment that “once the signal leaves the alarm panel it isn't our issue” is simply not true, and you’d be wise to remember that.  The most obvious risk you have with a signal that leaves the panel is that the central station doesn’t get the signal or mishandles the signal [and in this case I mean mishandles in the eyes of the subscriber or its insurance carrier making a subrogation claim, because in the first instance that who gets to make the determination if you are going to be involved in a claim or lawsuit, like it or not].  It’s your problem because 1) you contracted with the subscriber for the monitoring service, and 2) you have agreed to indemnify the central station [and you better have the K&K Rider to Central Station Dealer Agreement, or your neck is sticking way too far out]. 
          Your subscriber’s frustration with the phone company can easily become your problem too.  Faced with no phone communication, sometimes just limited to the alarm system, and no professional monitoring, for which you continue to charge [and rightly so], it can lead to customer cancellation, delayed payment, and just what you don’t need more of, aggravation [especially aggravation that is non-compensable] .
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Holiday Party – this is your invitation
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          The K&K Holiday Party will be on December 12, 2024 in Old Westbury, NY from 6:30 to 9:30 PM.  You’re invited, but you do need to RSVP before December 1, 2024 so we can properly plan.  Format is casual dress, cocktails and plenty of pass-around hors d'oeuvres; you won’t leave hungry.  Please send your RSVP to Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Amy Laveglia at 516 747 6700 x 313 or ALaveglia@Kirschenbaumesq.com.
          Come see old and meet new friends at this social event.  Looking forward to seeing you at the party.
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STANDARD FORMS  Alarm /  Security / Fire and related Agreements
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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