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comment on cs should notify fire AHJ / environmental monitoring / competitors using your name April 16, 2018

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on cs should notify fire AHJ / environmental monitoring / competitors using your name
April 16, 2018
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comment on cs should notify fire AHJ
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Ken
    In your April 13, 2018 article (Friday the 13th??) regarding CS notifying the AHJ of an “out of service” fire alarm system, the answer is found in Chapter 10 (Fundamentals) of NFPA-72 (2013 version as adopted in NY and NJ).  Section 10.21 governs “impairments” and 10.21.1 states “The system owner or their designated representative shall be notified when a system or part thereof is impaired. Impairments shall include out of service events.”     10.21.4 goes further and states “ The service provider shall report to the authority having jurisdiction any fire alarm system that is out of service more than 8 hours’.   Lawyers can argue who the “service provider” is, but this designer would include the installation contractor and the central station, as both are providing services.
Joseph Hayes, SET
NICET Level IV Fire Alarm Designer
NICET Ambassador
Ossining NY 10562
914-645-1289 
joseph@firealarmdesign.net

www.firealarmdesign.net
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environmental monitoring
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Ken
    Can you please tell me in your 
Residential All in One contract where it covers such things as carbon monoxide, low temperature and water detection? I deal with this a lot in my state and wanted to ensure it is covered.
Thanks, 
anonymous
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Response
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    The 
All in Oneresidential or commercial, are worded sufficiently to cover any alarm.  carbon monoxide, low temperature and water detection - even if not mentioned in the printed form would be mentioned in your Schedule of Equipment and Services [or your proposal if you use that as the schedule].  Once mentioned, it will be covered by the broad protective provisions.
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competitors using your name
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Ken, 
    Regarding "Frustrated" [April 9, 2018 article] reporting that someone is using his name;
    Ran across the same situation when someone began using my name after the dba expired.  Sounds complicated but it really is not.  When it happened, I considered my 10 years of being in biz along with the good 
name and excellent reputation that I built over that time in jeopardy, so much so that it would affected the sale price when it was time to exit.  My decision was to contact a trademark attorney. "Frustrated" needs to at the very least consult with such a professional as it is something that can be stopped.  Yes, it can be expensive but when considering the cost of your long-standing reputation name along with the cost of a total re-branding, it's pennies in the big picture.  
Anonymous due to settlement
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Response
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    Trademark litigation attorneys are very expensive.  Your first step may be to reach out to the company; maybe the use of your name was inadvertent [of course I don't believe that either], but it may agree to stop using the name.  Next step would be local consumer agencies, licensing agencies and your state attorney general, the fraud department.  Someone using your name constitutes deceptive business practices, and more, and AHJs should assist.  Funding private litigation will be costly and time consuming and you may not get the outcome you hoped for, but it's certainly a viable option.
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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
516 747 6700
www.KirschenbaumEsq.com