February 10, 2012

 

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Question

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Mr. Kirschenbaum,

I am curious if you have any previous emails or thoughts on pool alarms. Is there any contract to protect a security company when installing these, or should a security company not risk the liability of installation? Would it be best to just sell the unit to the subscriber?

Thank you.

Amanda

Lighthouse Security Inc.

Riverhead, New York

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Answer

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The good news is that you don't, in my opinion, need a new or separate contract for a pool alarm. What you do need is to know whether there is any statute in your jurisdiction that covers pool alarms. Below is one such statute; it's in New York. Looks like it covers a stand alone alarm. I am guessing that some manufacturer has a pool alarm that connects to the rest of the house alarm and can be monitored.

A pool alarm is designed to detect motion in the water. Failure to alert that someone has entered the pool can have dire consequences; serious injury or death can result. You would need to be certain that your subscriber's expectations regarding the alarm service is realistic. Detection and not prevention. The Standard Alarm Contract Forms all have sufficient protective provisions to protect the alarm company, but your description of the system and service needs to be sufficiently detailed. Would be a good idea to add items of protection that is not being provided, starting with a life guard.

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Pool alarms statute

https://www.kirschenbaumesq.com/earticle128.htm

CHAPTER 450

S. 2601

SWIMMING POOLS--POOL ALARMS-- INSTALLATION

Approved August 16, 2006, effective as provided in section 3

AN ACT to amend the general business law and the executive law, in relation

to the installation of pool alarms

The People of the State of New York, represented in Senate and Assembly, do

enact as follows:

§ 1. Subdivision 1 of section 396-cc of the general business law, as added

by chapter 478 of the laws of 1998, is amended to read as follows:

NY GEN BUS § 396-cc

1. No person, firm, association or corporation engaged in the business of selling and/or installing swimming pools of a dimension subject to New York state regulation or local law shall sell or install any swimming pool unless such person, firm, association or corporation provides notice to consumers that additional costs may be incurred when installing a pool in order to comply with state or local laws regarding fencing, pool alarms and other safety requirements and instructing consumers to contact the local building code enforcement office for further details. Such notice shall be given by prominently posting a sign where pools are displayed and/or sold or where swimming pools are offered for sale through a printed swimming pool display or swimming pool catalogue available to customers in retail stores. Such sign shall be no less than nine inches by fourteen inches using letters no less than one-half inch in height. 

2. Subdivision 14 of section 378 of the executive law, as added by chapter 636 of the laws of 1997, is amended to read as follows:

NY EXEC § 378

14. Provide that any:

a. gates required to be provided in a swimming pool enclosure shall be

self-closing and self-latching with the latch handle located within the

enclosure and at least forty inches above grade, and shall be securely

locked with a key, combination or other child proof lock sufficient to

prevent access to such swimming pool through such gate when such swimming

pool is not in use or supervised; and

b. residential or commercial swimming pool constructed or substantially modified after the effective date of this paragraph shall be equipped with an acceptable pool alarm capable of detecting a child entering the water and of giving an audible alarm. § 3. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation by the secretary of state necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date. NY LEGIS 450 (2006)