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
******************************
Fire emergency light inspections / Termination notice / webinar registration
February 23, 2022
********************
Webinars Schedule: See below for details and Registration
*****************
Tomorrow's Webinar:
February 24, 2022: issues buying or selling alarm company and broker's roll
*******
March 1, 2022: All-in-One Operations and Accounting Software for Security Integrators
March 8, 2022. Recruiting, hiring and retaining field talent
***************************
Fire emergency light inspections
***************************
Ken,
Do buyers pay for annual or quarterly fire/emergency light inspections? Our base is in Philadelphia and it is a requirement of the City of Philadelphia, so our contracts include Fire monitoring service and Inspections. We even have a group that does not have monitoring services but does have inspections.
Megan
****************************
Response
****************************
I am guessing that the required fire alarm inspection, whether annually or more frequently, includes the emergency lighting. I suppose this could be performed by the Fire Protection industry who is inspecting and servicing the fire protection systems and devices, such as sprinkler system, kitchen hoods, extinguishers, etc.
If the lighting inspection is performed by alarm companies then that RMR would be salable, just like service and inspection RMR. In fact it seems to me that it would be included in the RMR for the inspection service.
**************************
Termination notice
**************************
Ken
I have several customers in termination status for non-payment, I usually send a certified termination letter and wait for the return receipt before cancelling. Recently the mail delivery has become unreliable, we rarely get the receipts returned.
My question is do I have to send the customer 10-day certified termination notice or can I just take the accounts offline after several attempts to contact by calling, emails and regular mailed letters requesting payment?
Michele Sasso
AR Manager
**************************
Response
**************************
What you haven't mentioned is what contract you have with the subscriber you are terminating. That makes all the difference. The contract will specific if and how you are required to provide notice.
In 2022 the updated Standard Form Agreements a new provision calling for notice of termination was added. Why? Most alarm companies weren't comfortable terminating monitoring without notice to the subscriber, and this wasn't a strategy to get payment but just a courtesy or more likely "cover their ass" procedure. So the Kirschenbaum Contracts™ were changed to include notice. There are two provisions in the Standard Form Agreements that address notice to the subscriber regarding termination.
The first is in the Monitoring provision:
Upon suspension or termination of services ALARM COMPANY will notify Subscriber of such termination. ALARM COMPANY is authorized to notify Subscriber by email, First Class Mail delivered by the US Postal Service or text message to Subscriber’s cell phone.
The second is in the Legal Paragraph:
ALARM COMPANY is authorized to notify Subscriber by email, First Class Mail delivered by the US Postal Service or text message to Subscriber’s cell phone.
You will note that certified mail is not mentioned; it's not an authorized method of delivering notice. In my practice I have determined that certified mail is a waste of money and more often than not, unreliable. With today's dismal US Post Office Mail service it might be the least effective way to communicate.
Most often questions regarding what and how you should be dealing with your subscribers will be answered in your contract. If your contract doesn't address your issue then you're probably not using an up to date Kirschenbaum Contract™, and that's on you.
*****************************
Webinars: Registration - sign up today
**********************
Tomorrow's webinar:
Webinar Title: issues buying or selling alarm company and broker's roll
When: February 24, 2022, at 12:00 PM Eastern time
Topic Details: How to prepare for negotiations and what to expect
Presented by: Ron Davis and Kelly Bond of Davis Mergers & Acquisitions Group
Who should attend: Company owners, CEOs, CFOs
Register here: https://attendee.gotowebinar.com/register/2395407448165624590
************************
Webinar Title: All-in-One Operations and Accounting Software for Security Integrators
When: March 1, 2022 12 PM ET
Topic Details: Software platform created specifically for the security installer industry. FieldHub tackles some of the thorniest operational arenas that other platforms leave behind, including RMR management and inventory tracking, all on a robust, native general ledger platform to keep your revenue and expenses in sync. Learn how FieldHub provides a single system to manage leads and proposals through project and field service management, inventory, recurring/deferred revenue management, and full accounting.
Presenter: Miles Fawcett, CEO FieldHub Inc. miles@fieldhub.com Phone: 202.417.8196
Hosted by: Ken Kirschenbaum,Esq.,
Who should attend: Company owners, CEOs, CFOs, Manager, back office personnel who work with management software
Register Here: https://attendee.gotowebinar.com/register/6859015638805983246
****************************
Webinar Title: Recruiting, hiring and retaining field talent
When: March 8, 2022 12 PM ET
Topic Details: Even before the pandemic, hiring and retaining field talent in the security industry was growing increasingly difficult. This webinar will explore the best ways to find talent, prequalify them and develop enthusiasm to consider joining your team as well as how to quickly determine if a candidate’s psychomotor skills match their resume. Webinar will discuss skill matrixes and why they are valuable tools to incentivize and retain talent, help improve morale and promote consistent, transparent compensation.
Presenter: Peter Goldring, SET, NICET #143428 Fire Alarm Systems, Level IV, ACFE Certified Fraud Examiner. Peter M. Goldring Consulting LLC Phone 516-640-1410 peter@goldringprotection.com www.goldringprotection.com
Hosted by: Ken Kirschenbaum,Esq.,
Who should attend: Company owners, CEOs, CFOs, Manager, Human Resource Personnel
Register Here: https://register.gotowebinar.com/register/7491717510381999116
************************
Comments on abort or cancel signals from article on January 22, 2022
*************************
Ken
This is regarding the January 22, 2922 post about inconsistent response by “central station” to abort or cancel signals generated by an alarm system. From the relatively wide variety of responses by different operators at the central station it appears to be an “operator training issue”.
A central station should have a regular training regimen for operators with ”retraining” on a regular basis. The central station should also be establishing standards regarding information and instructions that each dealer should supply when a new account is set up. Example - when we set up new residential account for burg and fire we instruct central station to call protected premises twice before dispatch, if no contact made or incorrect password, dispatch. Abort or cancel signal from alarm system does not change the above instruction. An abort or cancel signal from the alarm system could easily be generated by customer under duress.
Seth Oginz
Security Consultants Unlimited
***************************
Another comment
**************************
Ken,
Regarding Anon and Abort/Cancel Signals from Jan 22, 2022:
Different alarm companies, of course, may want their signals handled different ways for a variety of reasons, but here are some suggestions which have proved useful over the years:
First, here are some descriptions which may be useful:
Abort/Cancel signal
Duress disarm signal
Duress password
Panic alarm signal
The Abort/Cancel Signal is a signal which is sent after a normal non-emergency disarm. I suggest that the central station always call the client on this signal. It gives the client an opportunity to give to the central station the Duress Password, which will be explained below. It also give the client a warm fuzzy to know that his system is actually working, communicating with the central station, and that an actual person saw the signal and responded to it. That builds loyalty, knowing that when he makes his monitoring payment, that there really is someone "watching over" him, and he is not just sending money into a black hole, wondering if his system is actually working while hoping for the best. It is a contact with the client.
The Duress Disarm Signal is a signal which is sent to the central station when the client disarms with a special disarm code instead of the regular disarm code. This feature can be used in the instance in which a client is being forced by the bad guys to disarm the system. The code can be anything, including something simple and easy to remember, such as reversing the first two digits of the regular disarm code. Most alarm panels can be programmed by the alarm company to send a standard disarm signal when that user disarm code is entered. The alarm siren is programmed by the alarm company to NOT sound. The central station will usually NOT call the premises so as to not alert the bad guys that anything is amiss. But if the central station does happen to call, then the client would give the Duress Password. The central station would notify the authorities that there was a duress situation, NOT a regular burglar alarm signal.
The Duress Password is a verbal word or phrase which the client would use any time he is talking with the central station and there is a duress situation underway, and the client cannot actively ask for help. Perhaps the bad guys are standing next to him when the central station calls and asks if everything is OK. The client could then reply that everything is OK, but give the Duress Password instead of the usual password. The central station would say something to the effect of "OK Have a good evening." or similar. The central station would then notify the authorities that the client was on location and he actively gave a verbal duress password. Duress and Panic verbal passwords and signals usually are given a higher priority than a standard burglar alarm signal. Well, they were in previous staffing level times.
A Panic Alarm Signal is a signal the alarm panel would send if a panic button on the keypad was pressed. Most keypads have this feature. Pushing the panic button usually is programmed to sound the local siren. The central station could call the premises and ask for a password. Perhaps the person who pushed the panic button could give further info which could be passed on to the authorities. The central station would call the authorities and say that the panic button at the premises was actively pushed by someone at the location, and stress it was not just a burglar alarm signal.
I feel that the person who pays the central station is the one who gets to specify, within reason, how signals are handled, not the central station. Most modern central station automation software has the ability to attach instructions to the operators about how to handle each signal. Attaching instructions which pop up when a signal arrives for each type of signal would help eliminate different operators handling the signal differently. In this time of staffing shortages, specific instructions attached to each kind of signals would help poorly or partially trained operators better know how to react to that signal.
If any central station cannot or will not follow the alarm company's instructions, then the relationship with the alarm company and the central station needs to be re-evaluated. If the central station says, "my way or the highway", then the highway might be the better answer in the long run. There are several central stations listed in Ken's Alarm Exchange which would be glad to follow reasonable instructions given by the alarm company on how to handle alarm signals and passwords.
Ken, please list me as
Anon
***************************
Response
***************************
It’s important for central stations to train operators and there should be standard procedures for responding to common signals. I believe companies like NFPA, ETL and UL offer guidelines for response. Whatever the procedure it should be in writing, it should be available to the dealers and it should be provided to the customers upon request. We are not talking about a central station’s proprietary training manual, but a list of signals and how they are to be responded to.
Despite operator training, technology sophistication, pop-up instructions, I think it increases risk when a customer asks the dealer and the dealer asks the central station to deviate from standard procedures. I think it adds to operator mistakes. So be careful what you ask for.
***********************
To order up to date Standard 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.
***********************
ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ********************
THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily
*************************
Wondering how much your alarm company is worth?
Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth
******************************
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
|
