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 whitelist ken@kirschenbaumesq.com ********************** Comment on who owns intellectual property – codes/Comment on if SimpliSafe products are UL listed September 11, 2023 ************************** Comment on who owns intellectual property – codes – from article on August 15, 2023 ************************** Ken, While this discussion is about access control, I would like to take the opportunity to remind fire alarm companies of their obligations under the International Fire Code (IFC) and NFPA-72 (National Fire Alarm and Signaling Code) which are adopted in most jurisdictions nationwide. 2019 NFPA-72 3.3.279 Software. Programs, instruments, procedures, data, and the like that are executed by a central processing unit of a product and that influences the functional performance of that product. For the purpose of this Code, software is one of two types: executive software and site-specific software. 3.3.279.1 Executive Software. Control and supervisory program that manages the execution of all other programs and directly or indirectly causes the required functions of the product to be performed. Executive software is sometimes referred to as firmware, BIOS, or executive program. 3.3.279.2 Site-Specific Software. Program that is separate from, but controlled by, the executive software that allows inputs, outputs, and system configuration to be selectively defined to meet the needs of a specific installation. Typically it defines the type and quantity of hardware, customized labels, and the specific operating features of a system. 7.5.3 All systems including new systems and additions or alterations to existing systems shall include the following documentation, which shall be delivered to the owner or the owner’s representative upon final acceptance of the system: (1) An owner’s manual and manufacturer’s published instructions covering all system equipment (2) Record (as-built) drawings in accordance with 7.5.5 (3) A completed record of completion form in accordance with 7.5.6 (4) For software-based systems, record copy of the site-specific software in accordance with 7.5.7 7.5.7.1 For software-based systems, a copy of the site-specific software shall be provided to the system owner or owner’s designated representative. 7.5.7.1.1 The site-specific software documentation shall include both the user passcode and either the system programming password or specific instructions on how to obtain the programming password from the system manufacturer. 7.5.7.1.2 The passwords provided shall enable currently certified qualified programming personnel to access, edit, modify, and add to the existing system site-specific software. 7.5.7.2 A copy of the site-specific software shall be stored on-site in nonvolatile, nonerasable, non-rewritable memory. John Drucker Licensed Code Official CO/SCO/Building/Electric/Fire - New Jersey ICC and NICET Certified *********************** Response ************************ NFPA rule, adopted as law in most if not all jurisdictions does require code and programming be turned over to the fire alarm owner, but the Standard Fire Alarm Agreement contradicts that requirement and provides that all intellectual property remains property of the fire alarm company. Of course the owner needs to be able to turn the system on and off. Texas, and perhaps other states, require that codes be turned over to an owner, but only if the owner signs a specific release [and yes K&K has that form, call our Contract Administrator if you want to get it 516 747 6700 x 312]. The issue of the codes comes up quite a bit in collection cases, especially when the fire alarm is leased. K&K position is that it’s the alarm company property and disclosure is not provided. That gets a lot of fire alarm collection cases settled. We need to hear more about this from AHJs like John Drucker, perhaps NFPA itself, and others in the know. ************************** Comment on if SimpliSafe products are UL listed from August 18, 2023 ************************** Ken Regarding questions about UL Listings, please be advised that UL maintains a searchable database of listees. Anyone can create an account and search to their hearts content. Just go to https://productiq.ulprospector.com/en and click on “Join Product IQ” to create your account.
And YES! SimpliSafe Inc. has a “Monitoring Station, Residential” listing. Dave Currie Founder - Damar Security Systems - ULC Listed Since 1976 UL Standards and Engagement Technical Committee Member Chair CAN/ULC 561 Fire Monitoring Working Group ************************ another comment ************************ Ken To answer the question below about SimpliSafe’s “UL” listings, their products are ETL Listed to the applicable UL/ULC & CSA standards by Intertek Testing Services NA Inc., a NRTL (Nationally Recognized Testing Laboratory) as accredited by OSHA and a Recognized Test Lab as accredited by the Standards Council of Canada. They currently do not have a commercial fire listing for their panel. The table of their listings can be found on Intertek’s Directory of Listed Products Regards, Darryl Engel Life Safety & Security www.intertek.com ************************* WEBINARS SCHEDULE and REGISTRATION: SOFTWARE // CENTRAL STATIONS ********************** SOFTWARE WEBINARS: With all the discussion, and dissatisfaction, about management software our first webinar series is by software providers offering comprehensive software programs for the alarm industry. ********************** Title:Fieldhub:All In One Operations and Accounting Software For Security and Fire Integrators When: October 3, 2023 noon ET Why attend: FieldHub is a comprehensive software program that integrates proposals, planning, warehouse inventory management, scheduling, field technician mobile applications, invoicing, accounting, tracking systems and devices, creation and linkage of a central station account, and much more Who should attend: managers and owners Presented by: Miles Fawcett, Founder and CEO of FieldHub Inc. 202.417.8196; miles@fieldhub.comwww.fieldhub.com Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC Register here:https://attendee.gotowebinar.com/register/2290942861013931612 *********************** Title:Innovative Business Software: operating software for central stations When: October 5, 2023 noon ET Why attend: Innovative Business Software is central station solution to smooth operation and integration Who should attend: managers and owners Presented by: Jen Kolind, President and CEO of Innovative Business Software Inc. 469 556 2822; jens.kolind@innovative247.com www.innovative247.com Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC Register here:https://attendee.gotowebinar.com/register/2817426411948243036 *********************** Title: WorkHorseSCS When: October 11, 2023 noon ET Why attend: Alarm business operating software solution for Sales, Field Service, Customer Service, RMR (Recurring Monthly Revenue), Electronic contracts and Digital Signatures, all conveniently housed in one unified platform. Streamlines your alarm company's processes with Single Point of Data Entry solution. Integrates with over 40 Central Stations, along with leading platforms like Alarm.com, Alula, resideo, SecureCom, and SecureNet. Who should attend: Managers and owners Presented by: Steven Hayes, 941.229.8200 steven.hayes@workhorsescs.com www.WorkHorseSCS.com Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum PC Register here: https://attendee.gotowebinar.com/register/3965237386615522648 ***************************** Central Stations series: Why You Should Be Monitored BY Our CS Hear from the leading central stations and “Why you should be monitored by” that central station. The topic of remote operator monitoring from outside the central station facility and the dynamics that issue presents is sure to come up. The question you need to be asking is why isn’t your central station participating and why are you still using your central station if it’s not participating? ************************ October 17, 2023 noon ET,Emergency 24 Registration Link: https://attendee.gotowebinar.com/register/5032873072502046552
October 31, 2023 noon ET, Rapid Response Monitoring Center Registration Link: https://register.gotowebinar.com/register/2959829660260960857 ********************** STANDARD FORM AGREEMENTS: To order up to date Standard 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. *********************** ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily ************************* THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily. https://www.kirschenbaumesq.com/page/alarm-exchange ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our email list / 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. ************************** 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
