KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and white list ken@kirschenbaumesq.com ****************************** Comment on smart water valves and potential for liability April 29, 2021 ***************** Comment on smart water valves and potential for liability from article on April 21, 2021 ***************** Ken RE: Smart Water Shut Off Valves. In my experience, the smart shutoff valves operate independent of any security system. They detect actual flow through the valve rather than operate from an external device that would need to get wet to activate. With the smart valve the only involvement of the security system may be to alert the customer/keyholder that the valve was activated and the water is shut off. The security system can also be used to switch the smart valve from home mode to away mode. Since it operates independently, does the smart valve raise liability issues after all? Larry D ******************* Response ******************* Every service you perform and every device you install creates new opportunity for liability. Keep in mind that many if not most alarm companies have expanded their business to include more than intrusion and fire alarms; many low voltage devices for home automation are being installed by alarm companies. Some of these devices tie into the alarm system in the sense that they are controlled by the same panel or remote smart phone app as well as monitored by professional monitoring centers. The water flow shut off valve came to my attention because an alarm installer wants to contract for the device as part of the alarm [or home automation] system and wants to make it clear that alarm companies don’t typically do plumbing work [or 110 electrical work]. The update to the Standard Form Agreements makes it clear that the water flow shut off valve has to be installed by other licensed trades and that it’s the subscriber’s responsibility to engage those separate trades [or course you can agree to include the installation in your contract but I prefer you don’t; no point making you responsible for the plumbers work]. I am advised that there are shut off valves that do not require cutting the water pipe. If the pipe has a lever instead of a valve that has to be turned the shut off valve can be attached to move the lever. Water flow detection has been included in alarm systems for a long time; this is just the next step. Since water damage can be extensive it makes sense to be certain to cover liability exposure in the alarm contract. Be sure to update your contracts. ******************** Be sure to use up to date contracts. Get the updated contracts at www.alarmcontracts.com ; call K&K’s Contract Administrator Eileen Wagda at 516 747 6700 x 312 or email her at ewagda@Kirschenbaumesq.com to see if you are entitled to a discount, or to assist with your contract order. ********************** To order up to dateStandard Form Alarm / Security / Fire and related Agreements, click here: www.alarmcontracts.com ************************* 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. *********************** NOTICE: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles *********************** THE ALARM EXCHANGE
This area is reserved for alarm classifieds, alarm company announcements, solicitations, offers, etc. There is no charge to post a listing here.Include your contact information, phone, email and web site. If you would like to submit a post, please send an email to ken@kirschenbaumesq.com. To create a reciprocal link to our website, click here. ************************************************ Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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
