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Question re giving the software to subscriber
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Ken,
    We purchased the combined sales, service and monitoring contract from you a few years ago.  We have a client who wants us to give him the Honeywell software that we use to program the alarms. 
    We are not comfortable doing that since he will be able to make changes and or modify it, and he is not really trained in how to use it, and may make changes that puts himself in danger should something happen.
    Are we obligated to give him that?  If so, do we write up something stating that we are not liable for any changes made or the consequences due to the changes?
    Thanks for your help.
Laurie Tosi, Office Manager
AV Design & Integration
Elmsford NY
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Answer
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    First of all you don't have to provide the software.  The contract says so.  Even your old outdated contract.  The All in One contracts make it very clear that software is the property of the alarm co, and your programming is your intellectual property as well.  
    If a subscriber decides to mess with programming, modify or repair equipment himself, then he's on his own.  You can and should make that clear in writing if only to dissuade the subscriber from attempting self help of meddling with the software.  You are using contracts that should have been upgraded in 2013.  
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Question  - sales tax
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Ken,
    When I bill out a customer for early termination . Can I bill it with ought sales tax or is it tax exempt .
Thank you
Joe Sacchetti,  Operations Manager
Catskill Branch
Commercial Instruments & Alarm Systems, Inc.
dba Scott Alarm Systems
Catskill, NY
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Answer
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    If you collect sales tax on your monitoring and you end up in collection with the subscriber and collect the monitoring changes for balance of contract or part thereof, you have to pay the sales tax on the revenue attributable tot he taxable charge.
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offering smoke detectors
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Ken
    It was said here that it is either fully compliant fire alarm, or nothing at
all. It was said that burglar alarm can not report to FDNY and we can not
add smoke detectors in NYC. If it isn't approved by whoever has the
authority then it is not legal to install it. Maybe "not legal" is not a
correct expression. Let say not allowed. I read it here, so it may still
exist on your website in old mail. It was going on for very long time.
Several people commented because the irony is that smoke alarms (the battery
powered screamers) are required by law in each sleeping area (bedroom) and
outside of sleeping area. There was another issue about cameras that look
like sprinkler or smoke alarm. If it resembles fire protection, then it can
not be installed or even sold. These cameras are still being sold, so I
don't know if this applies only to FDNY territory. Our laws are never black
and white, and they change as the wind blows, so to be safe I would not
offer equipment that may become an issue when burglary or fire happens.
Dusan
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Response
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    Cameras disguised as smoke detectors are not permitted in some jurisdictions [I believe NY is one of them].  Fire is typically regulated in all jurisdictions, but the regulations are not uniform throughout the country, or even within a state.  Commercial fire alarms are regulated most places and residential in some.  In residential there may be a requirement that smoke or co detectors be installed, but no permit and inspection is required.  Dusan is in NY.  NYC has its own rules, enforced by the NYC FD.  NYC FD recognizes only one kind of fire alarm system - a system that is required to be installed in a commercial or multi family residence.  The building can't be occupied with the approved system.  Every approved system gets a "terminal number" assigned so that when one of the [I think 14] approved central stations calls a special phone number to report a fire the terminal number is given and the FD has information on the premises and system.  There are lots of fire alarms  or alarms with some fire detection device attached and being monitored that do not have terminal numbers, were not installed with permits and inspections, and are being monitored by central stations not approved by NYC FD.  When one of those fire alarms sends a signal to the central station the central calls 911.  I am not aware of any violations, summons, fines or penalties being issued by NYC FD for having fire detection devices installed where not required.  However, I believe the official position is that NYC FD recognizes only a Mandatory Fire Alarm and that there is no such thing as a voluntary fire alarm system.  Once you install a fire alarm system in NYC it should meet all of the requirements of a Mandatory System.  It's not practical for residential alarms and it's not enforced in small commercial buildings that for one reason or another aren't required to install a Mandatory Fire Alarm.  
    The Standard Form All in One contracts cover fire alarms nicely.  The Residential and Commercial All in One contracts make clear that adding fire detection devices does not make the alarm system a fire alarm system unless the subscriber and alarm company have agreed to install a code compliant fire alarm system and comply with all AHJ requirements.  The Commercial Fire All in One is clear that both subscriber and alarm company are taking too many chances and risk by not complying with AHJ requirements.  
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TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com.  Most comments and questions get circulated.

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Speaking Engagements

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Metropolitan Burglar and Fire Alarm Assoc of New York.  May 15, 2014 4:30 to 6:30 PM at Marriot Hotel, Uniondale, NY.  Comprehensive analysis and comparison of the Standard Form All in One contracts.  All alarm dealers welcome.  No charge for attendance. Dinner and MBFAA meeting will follow the seminar.  For more info and to RSVP contact Alan Glasser, Executive Director of MBFAA at 718-894-6712 or mbfaa.ny@gmail.com

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Northeast Security & Systems Contractors Expo  Thursday, May 22, 2014 10 am to 5 PM at  Royal Plaza Trade Center,  Marlborough, MA.  registration  https://www.expotracshows.com/neacc/2014/  Presentation on Alarm Law issues and Q&A will be at 2 PM.  For more info contact Gary Spaulding, NEACC President 207-384-2420 gary@spauldingsecurity.com
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Alabama Alarm Association.  AAA's Fall Meeting and Trade Show - October 21, 2014 from 3 to 5 PM at DoubleTree Hotel 808 South 20th Street Birmingham, AL 35205  for more info contact AAA Executive Director: director@alabamaalarm.org  (205) 933-9000 

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Electronic Security Summit for 2014.  October 22-24, 2014  at the landmark Broadmoor Hotel. Colorado Springs, CO.  For more information contact Alexander J. Quirin, CEO & Managing Partner, Advisory Summit Providers, LLC.,  (786) 999-9738    alex.quirin@aspsummits.com    www.aspsummits.com

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