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Ken
You are correct in reference to Fl, to own the client whether directly serving them or not requires a Lic. If you sell them something or contract someone else to service them for you, you are the selling agent.
Also Florida has two alarm class Lic EF and EG; both cover BA and CCTV but EF covers comm fire while EG only covers resd fire for a single homeowner. Make sure if they are servicing a commercial fire system they hold a EF Lic. The letters will be clearly the first to characters of the Lic they must display.
CB
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Ken
the issue with the connecticut license qualifier for an out of state company is that the employees for the people actually doing the work must also be connecticut L 6 licensed.
You are correct dl 5 / contractor of a record is totally responsible for the job before during and after completion and you are also correct insisting that anyone interested go through you first for a properly drafted contract.
Joel Kent
FBN
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Ken
With regards to Anon's request for a licensed contractor in Connecticut.
Connecticut requires that a non licensed business providing services to the public be licensed as a Home Improvement Contractor. Once licensed as such, they can employ Connecticut licensed contractors of any required trade. (Sprinkler, plumber, electrician ect)
The selected contractor is now a Sub-contractor for that company and must meet all license requirements for the selected trade including, insurance, licensed / apprentice ratios and wage requirements.
Failure to follow the statutes will result in escalating fines.
Respectfully,
John W. Yusza, Jr., President
Monitor Controls, Inc.
Wallingford, CT
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Ken,
About Anon's Florida licensing question. The out of state company and any in state sub contract company they use to provide services in the State of Florida may both have licensing law violations.
The unlicensed national company is violating FS489.505(2) which defines "Alarm System Contracting" and FS455.227(1)(b). There are violations for the subcontractor in FS489.533(1)(j), FS489.533(1)(k), FS455.(1)(j and FS455.227(1)(i). On top of it all, the national company's contract with the client, should the national company actually be unlicensed in the State of Florida, is unenforceable by State Statute 489.532.
The very first question a licensed Florida company should ask of anyone from another company that is requesting them to provide installations, service or to be an authorized dealer is
"What is your Florida State license number?"
The first flag is that the company calling may be from out of state. If they cannot provide a Florida licence, run the other way because you could be in more trouble then they are. Even if they are licensed in another state, a Florida licensed is required. They could merely get a cease and desist for being unlicensed where as you could be heavily fined with a possibility of license suspension or even revocation. Very few license holders in the State of Florida know that there is a section in the Statute that requires license holders to actually report unlicensed activity to the Department of Business and Professional Regulations as part of your licensing requirement. Read the fine structure for license holders under Chapter 61G6 of the Florida Administrative Code.
Bob Worthy CPP, President
Secur Technologies, Inc.
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Ken
Florida statue 489.516 clearly prohibits a party from selling alarm services for which they do not hold a Florida license. So if a company sells a service to a local shop, "Bob's Grocery" and then sub-contracts it to a licensed alarm contractor, he is violating this statute.
However, what if the company is licensed in California and executes an agreement in California with for example "Safeway" to service all of their stores, including the ones in Florida, and then sub-contracts to a licensed Florida party? Since the contract for the work to the original customer is executed in California, does that circumvent "engaging in the business of contracting…" in Florida?
Larry McDonald, GM
Commercial Fire & Communications, Inc
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Response
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A company needs a license to contract for work to be done in Florida, in my opinion. Get licensed in all jurisdictions where your subscribers have alarm work to be performed, including monitoring in some states [Florida for example]. If you are contracting with the subscriber or performing the work, you need a license. Our licensing department can assist you. Contact Jennifer Kirschenbaum,Esq. at 516 747 6700 ext 302 or email her at Jennifer@Kirschenbaumesq.com for assistance and advice.
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Ken,
I know of someone that is entering the alarm industry for the first time in NYS with a franchise. I am curious to know if the franchisee is required to hold a NYS Alarm License since he is responsible for the sales of alarm systems within his region; the franchisor provides the installation and service portion of the business.
I called over to the franchisor and was passed around a few times before getting the typical “… give us your full name, telephone number and email address and someone will get back to you…”
Is a franchisee required to have a NYS Alarm License just like a franchisee of a McDonalds would need to have his/her own required license(s) to conduct business in NYS?
John
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Answer
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Yes. In New York you need an alarm installer license to Sell, install or Service alarm systems. Since the frnachisee is selling, it needs a license. Sounds like a salesman's job, not a franchise.
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