KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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This could be you going to jail / ISC round tables
July 3,  2021
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ISC round tables
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            I have round table discussion groups scheduled for July 19, 20 and 21.  Please contact Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com to reserve a spot or initiate your own round table discussion group [we have a few timeslot openings as of now on Wednesday July 21]
Confirmed round tables:
Monday July 19 from 2-3pm Ron Davis - discussion on selling and listing with broker
Tuesday July 20 from 11 am to 12pm Troy Iverson, Avantguard.  Central station issues and what's new at Avantguard
Tuesday July 20 from 2-3pm  Mitch Reitman.  Selling, taxes and structuring issues
Tuesday July 20 from 4-5PM Morgan Hertel, Rapid Response.  What's new at Rapid and exciting in central station operations
Wednesday July 21 from 10 -11am.  Shawn Iverson, The Insurance Center.  E&O coverage and insurance issues for alarm industry
Wednesday  July 21 from 2-3pm  Open
Wednesday July 21 from 4-5 pm  Open
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This could be you going to jail
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          An interesting case caught my attention and I thought of a recent question about monitoring sprinklers in one building and finding out that the sprinkler system actually covered two buildings, so that monitoring would be confusing at best.  There are probably plenty of other scenarios where alarm services end up increasing rather than decreasing risk, so judge for yourself if the follow offers any value to alarm professionals.
          A building owner and general contractor were convicted on multiple counts of manslaughter and reckless endangerment receiving sentences of 4 to 12 years in prison.  The charges stemmed from a gas explosion, two killed and many injured, when an unauthorized gas line rigged between buildings exploded.  The court sustained the conviction and sentence finding that there was sufficient proof that defendants recklessly caused the victims’ death when they deliberately circumvented safety regulations to create and operate the unauthorized system that diverted gas from one building to the apartments in another.  The explosion was a foreseeable result of defendants’ actions.
          I don’t recall any criminal actions against alarm company owners for anything like the above, but I don’t think it’s too farfetched to envision it happening.  You’re engaged in life-safety services, some of which are covered by governmental codes and regulations.  Intentionally circumventing these codes and regulations can result in criminal prosecution.
          I just watched the first episode of Bosch season seven.  Fire in building and little girl died in stairwell because roof door safety latch didn’t work.  Building owner, locksmith intentionally install that way?  Guilty of crime?
          You can conjure up your own scenarios for what you can do to get into criminal hot water.  Contracts won’t help with that, by the way.
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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.
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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