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comment on whether you have to disclose information to a subsequent occupant who is not your subscriber
September 8, 2018
comment on whether you have to disclose information to a subsequent occupant who is not your subscriber
    Do you have an obligation to provide any information on a past client in the same property that you performed work when the new occupant is not your customer, and refused to become your customer?      
    I believe you have no obligation to provide any information on a past client in the same property that you performed work in unless you choose to do so and can charge as well.   What if you do not do any work there and a new firm has recently address a current violation?   Why would anyone in such a case expect the old no longer engaged firm to provide anything especially information to address a past violation order?   Before even considering this you need to see what is being requested and if it puts you in any position that you do not want to be in as well exposes you to whatever.   What was done in that past may not be considered acceptable now and by providing information it can cause problems for all.   These are your records and not the past or present customer's records.   They are not like medical records.   Nothing says you cannot dispose of them other than good business practices.
    If there is a present violation or summons, the current repair work should address that.   But if there was a violation or summons from the past, it may also be addressed within the current repair work response to such if you know what you are doing and thus not have to provide old records of such (two for one).   Anyone who has read what is stated on the back of the NYC EBC violation order knows that the customer not alarm company must respond to it within a specific time with supporting information such as a letter from the alarm company other others or a summons will be issued and a lawyer needed (that is good for you right).   When I say “or others”, that can mean others that may have caused a false alarm such as the fire sprinkler firm that did not take the system off line before doing work on it and cause the FDNY to respond.   The letter does not always have to come from the alarm company especially if it did not go to the site after the false alarm and document the cause and what was done to address it.   We get plenty of requests from good customers that need a letter from us stating that the false alarm situation has been rectified but refuse to pay us to go on site to confirm such.   You know our answer here with even saying it.   Many firms do provide the letter despite the fact that they did not go to the site.  
    If you are going to play the game you need to read and understand the rules first and learn enough to be good at it or don’t play the game to begin with.
 Yours truly,
In a New York State of mind!
(yes I am not using my name again)
    Your reference to the summons applies in NYC, not necessarily anywhere else.  I guess a very quick response would be that providing records to someone other than your customer, the former end user of the system, seems gratuitious.  I am not aware of any statute that would require your cooperation, and not sure if NFPA has addressed that issue for fire alarms.  What comes to mind is, no good deed goes unpunished, so keep that in mind.

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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
516 747 6700