August 12, 2011

 

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Question - video at home

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Hello Ken

    Thanks for these emails. I think they are great even though I am in Canada.

    I have a question for you. I recently purchased a vacation home in Phoenix Arizona.  I have installed 1-IP camera looking at the front door off of my system in Canada. The camera sends me email video clips whenever someone opens my door or walk across camera field.  I am going to sign a contract with a vacation rental company to have this place rented by the day, week, etc when I am not using this for my personal use.

    Is it illegal to have a camera installed looking only at front door, maybe pool outside and outside of the home?

Vernon Boyd

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Answer

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    You can have cameras as long as you are not invading privacy.  The front door is fine, and so is outside.  The pool area should not have covert cameras.  Your lease with the tenant should disclose the cameras and provide for consent viewing.

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comment on classification of employees v independent contractors

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Ken,

    Here is an interesting site I came across the other day http://communications-contractor.com   that can financially cripple a company that misclassifies much more than several thousand dollars and its Federal issues applies to everyone in the United States. It tells how a contractor can file simple paperwork with the IRS and receive thousands of dollars which the company must pay back with interest and penalties. Its a "must read" for any person or company who classifies anyone as a contractor/subcontractor.

Thanks,

Fred

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comment - is video the answer to false alarm problem

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Ken

    If I may reply to Mr. Hoffe, the solution is not video. May I list the following, I invite a reply.

 

1.       75% of all alarms systems have zero false alarms in one year. 50% have zero in three years. Only 10% have more than one in a year. So you are proposing a solution to a problem that hardly exists.

2.       Video does not solve false alarms, it minimizes them. As many alarms are caused by factors such as persons without the pass-code or door blown open/left unlocked and opened, Video cannot eliminate those.

3.       Video is an-unacceptable privacy violation. Customers will not and should not grant video access into their homes from outside parties. The customer will not accept video cameras in their daughter's bedroom. Not me, not yours, nor anyone.

4.       The video access intro residential situations is an invitation to litigation, the customer MIGHT grant access, but lets get Mr. Kirschbaum's and some other attorney's reactions to the idea of being sued for the video camera viewing and recording somebody's house-guest when they had an expectation of privacy (ergo NAKED and then some), lets throw in the fact that she is fourteen years old too! Smacks of insanity to me!

5.       Video requires much greater CS operation time and focus, estimates vary, but it's generally accepted that it takes an operator an est.300% longer to clear an alarm with video than by making 2 phone calls.

6.       Video is not clear-cut. Using telephone verification, we are doing our job to a clear standard, we either receive a pass-code, or we do not, clear. With video, we are working to a subjective std. Some examples are

    A.      Did not see anyone( camera does not view that corner of the laundry rm/ garage etc.)

    B.      False alarm source viewed AKA the dog (dog was running around, because intruder is inside, but not viewed).

    C.      No sign of activit( because the camera cannot see/operator did not view that the left side window was jimmied open a few inches).

    D.      The person on scene looked like they belonged there (Yes they did, but just because they had a key does not mean they were not there to do criminal acts).

    E.       As appx. 20% of new homeowners are declining home telephone service, and with the real act of cutting phone lines, RF/cellular video is yet another and substantial cost hurdle

    F.       Customers, as the ones spending the money, will in many cases, not approve the recommended expense for the recommended number of cameras. The end result will be that any failures will be attributed to the alarm co. Then you are open to lots of litigation, based on subjective standards of performance, with wide and recorded gaps in performance.

    I advocate that all my competitors move to video verification as fast as possible! I will work with the other solutions, primarily private alarm response.

Bruce Boyer

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Question on UCC-1

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Hi Ken,

    In response to the UCC-1 what exactely would you write in the collateral section? How would you word that, I was curious as well.

Thanks,

PPAS

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Answer

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    You have to look to see what collateral is described in the contract that grants you the security interest.  Residential contracts include only the equipment you installed.  Commercial contracts can include any property, which would generally be "all inventory, equipment, furnishings, cash, accounts receivables, good will, tangible and intangible personal property".   The UCC-1 description can be less descriptive but should at least cover all tangible and intangible personal property, cash and accounts receivables, good will.

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Question on general contractor's forms

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Ken

    We were awarded bids on two new construction projects. The general contractors we are working under sent  us a contract to sign. Among other things, the 20 plus page contracts, require us to provide indemnity and limitation of liability to the contractor. Do you have clients that contend with this and what do you recommend?     

E. Buckley

Alabama

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Answer

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    I have client's who contend with that and much more.  I don't know how they sleep at night.  I guess the best advice is that if the job is too good to walk away from then make sure you perform your services carefully and make sure you have proper and adequate insurance in place.  If you are indemnifying the general contractor or owner or both make sure your insurance policy includes that endorsement.