KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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more on new fire regulations for 2019 / fire protection insurance / webinar today
April 29, 2019

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Free Webinars - starts today.  Register now
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Topic: How to fill out the Commercial or Residential All in One – Sale or Lease form
When: April 29, 2019 
Time: 12 PM to 12:30 PM New York time 
Presented by: Ken Kirschenbaum,Esq 
Who should attend: all sales people who work with these contracts. You should have updated All in One Agreements. The Commercial and Residential forms, in sale or lease format, are filled out in similar manner. Update your All in One now to take full advantage of this webinar. This webinar will be recorded and made available to Concierge Clients [those signed up for our Concierge Program].
Sign up here:https://attendee.gotowebinar.com/register/3023700255575508739
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Topic: How to negotiate the guarantee and holdback in the APA 
When: April 30, 2019 
Time: 12 PM to 1 PM New York time 
Presented by: Ken Kirschenbaum,Esq 
Who should attend: owners thinking about buying or selling 
Sign up here:https://attendee.gotowebinar.com/register/924497262641412354
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Topic: Negotiating terms in Dealer Agreement with your central station 
When: May 7, 2019
Time: 12 PM to 1 PM New York time 
Presented by: Ken Kirschenbaum,Esq 
Who should attend: dealers and central stations 
Sign up here:https://attendee.gotowebinar.com/register/1815847150023705858
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more on new fire regulations for 2019, are they open to interpretation from article on April 20, 2019
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Ken
    Regarding the new fire alarm regulations in NJ (no citation provided), NY had recently made the same change, via an amendment to the General Business law, Section 399-ccc. 
    The wording is below (direct from NYS website) and can be confusing to the public and also to some fire code enforcement officials. 
    You will notice that the law refers to smoke detecting alarm devices, not smoke detectors. In addition, section 3 specifically exempts system type smoke detectors which receive their power from a panel. 
    Regarding the inspectors, remember that in some jurisdictions the “fire inspector” is actually the “code enforcement officer” who may be, in the morning, inspecting concrete footings and framing rough-in and in the afternoon inspecting fire alarm devices. 
    We can’t expect these folks to “know it all” and many of them rely on our industry to educate and enlighten them as to code changes. I suggest that local alarm associations invite inspectors to meetings and provide that education. 
    We are the experts. And we need to take the lead.
Joseph Hayes, CPP, PSP, SET
All County Security Inc
914-645-1289
www.firealarmdesign. net
  We are an independent consulting firm, specializing in fire code consulting and system design. We also provide certified training in the fields of fire alarm and security technology. As an independent consultant, we work only for our clients on a fee for services basis and are not affiliated with any manufacturer or product.
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Ken
    I believe nys passed the same or similar April 1. Stores cannot sell replaceable battery smoke detectors after their stock runs out. Have to use 10 year non replaceable battery operated devices from now on. I haven’t read the new law yet!
    The other option is to get certified as a build/fire inspector in your state. Watch how fast the ahj listens to Mike
CSS 
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Ken,
    I'm attaching a quick reference that might help. I use it at my code enforcement office. Its merely a guide and each situation presents its own circumstances so users need to check and double check any action they may take. Feel free to use if you think its helpful.
John Drucker
Fire Protection Subcode Official
New Jersey
john.drucker@verizon.net 
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Response
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    Sorry but I was unable to attach John's chart.  Contact him or me directly for a copy.
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fire protection insurance
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Ken
    Quick question, if you are willing to answer: Sometimes I have a customer who wants a single monitored smoke detector in a house. In this case, they may also ask for an insurance certificate for their insurance company. Am I ok in checking the "fire protection" box on the insurance certificate in this case? Or would fire protection only be valid if there was a monitored smoke detector in each room?
    This is for standard residential use and I'm using your All in One residential contract with the suggested Disclaimer Notice and alarm.com rider.
Thanks
Andrew
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Response
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    You have to state on contract that the fire alarm is not to code [unless it is]; exactly what you are installing and monitoring. State that customer is not getting fire alarm to code, on contract and disclaimer notice. You have to make that statement on any certificate you give to the customer for their insurance company as well. You don't want to mislead the insurance carrier or anyone else relying on your certificate regarding the level of alarm equipment or services.
    I want to remind you and everyone that we do offer a Certificate of Service form at www.alarmcontracts.com
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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