Comment on Assisting a noncustomer power down alarm system / ISC meeting /Party Invite November 8, 2025

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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Comment on Assisting a noncustomer power down alarm system / ISC meeting /Party Invite
November 8,  2025

You're invited: K&K 2025 HOLIDAY PARTY WILL BE ON DECEMBER 4, 2025 6 PM Old Westbury, NY. RSVP only if coming with Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Diana Henriquez at 516 747 6700 x 328 or email dhenriquez@kirschenbaumesq.com. Space limited so be sure to RSVP if coming asap
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Private meetings at ISC EAST
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ISC is almost here; reserve your private meeting.
To arrange a private meeting with K&K and staff at ISC East on November 19 or 20 please contact Kathleen Lampert at 516 747 6700 x 319 or KLampert@Kirschenbaumesq.com or Stacy Spector,Esq at 516 747 6700 x 304 or SSpector@Kirschenbaumesq.com. We are planning half hour appointments between 10:30 and 4:30 on November 19 and 20. If you think you need more time let us know. We look forward to seeing you at ISC; meetings will be outside the hall at the food court area.
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Assisting a noncustomer power down alarm system installed by us from article on Oct 23, 2025
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Ken
   Never ever ever ever never never ever never ever power down a system over the phone never ever never never ever ever power down the system. Especially if they’re not your clients we just don’t do it down. You do it yourself. We want nothing to do with that the liability is unbelievable.
   And to add to that in many states, it’s illegal to remove a fire alarm system without AHJ approval. It’s just a very stupid idea.
Mike Ski

another comment

Ken:
   Greetings from Kansas City Chiefs football KINGDOM!
   Along those lines, on the new agreement with a customer OR going from an ‘old’ contract to a ‘NEW’ Ken Contract, should the amount of the installation be $0.00 or should it be $1.00 to indicate at least an valid amount was paid for services offered in exchange for funds?
   AND to further bloviate, when we get a phone call to disable the sounding alarm as these folks just moved in, any issue (since they really don’t want to be customers of ours) just notated the agreement can be cancelled with 24hr notice with monthly amount being $0.00 and this agreement just covers the service to disconnect the alarm system? SO, we have had them sign a K&K AGREEMENT just to cover ourselves and can do the call to disable the alarm system – THEN, the tech needs to ENSURE there are at least battery operated SMOKE ALARMS that are operational within the premises ( assuming residence ). Bloviation completed on this very messy subject!
Respectfully,
Joseph (Joe) Pfefer, President & Founder
Jade Alarm Co
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Response
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   Mike expressly and Joe implicitly raises an interesting issue: can you terminate fire alarm service, and can you remove a fire alarm system? Let's limit the question to a fire alarm system that was installed pursuant to permit and AHJ approval.
   This is a particularly sticky issue when the fire alarm is leased, remains your property and is removable upon termination of the lease. While the Fire All in One Lease permits you the option to sell the leased system for the "agreed value" not all of you are inclined to exercise the sale option, preferring to remove the system, for various reasons.
   If the law in your jurisdiction prohibits termination or removal without AHJ consent then you better get it. This could be costly process if the AHJ won't consent or unduly delays the termination or removal, a bitter pill for you to swallow if you're not getting paid.
   I confess I do not know of a jurisdiction that prohibits termination of service, particularly monitoring, or removal of the system without prior approval by the AHJ. This is something you need to investigate before pulling the plug. Checking with the AHJ might be the first inquiry. I have counseled, many times, that if you terminate fire alarm monitoring you should notify the AHJ; that seems to be a minimum standard everywhere, and it makes sense. Then it's up to the AHJ to take action to require a fire watch or yank the Certificate of Occupancy and require the building to be vacated.
   If AHJ notice and worse, approval, is required I don't think you circumvent that requirement by a contract provision that permits the termination and removal; the K&K lease agreements already permits that remedy without anyone's approval or consent [just don't break the peace entering the premises and carefully photograph the removal site to defend against claims that you damaged the property - which by the way, you shouldn't.
   Regarding consideration, requiring a dollar is unnecessary; consideration to support a contract does not require money; obviously you also should not state that "no consideration" was required, because the mere undertaking to perform is sufficient consideration.
   If anyone knows of a list of jurisdiction where this is an issue, please let us know.

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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