comments on Area of Refuge / Disclosure and Consent to Electronic Communication - need it be separately signed / Chanukah and Christmas gift [free] December 16, 2017

KEN KIRSCHENBAUM, ESQ

ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

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comments on Area of Refuge / Disclosure and Consent to Electronic Communication - need it be separately signed / Chanukah and Christmas gift [free]
December 16, 2017
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Chanukah and Christmas gift
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comments on Area of Refuge

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Ken:

Thank you for a very enlightening piece on Area of Refuge on Decemebr 11, 2017.

Ironically I had a nursing home designate an area of refuge RIGHT NEXT TO THE STREET LEVEL LANDING EXIT DOOR.......... Open the door and roll over a threshold to safety.........

And to all affected, a very happy Chanukah. Christmas wishes to follow at the appropriate interval.

Kwanza begins 12-26. Eids is past.

From the Ecumenical alarm congress of 2017.....

Joel

FBN

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Ken

I use a mobility scooter to get around. I travel every week spending over 100 nights in hotels. I look for the exits, as well as the “ area of refuge” in any hotel where my room is not on a first floor. I can tell you that they are usually in out of the way places, some a second thought, and most with no communication devices to call for help. I always wonder if I’m better off bouncing my butt down the stairs then waiting for help. How do they even know I’m there or anyone else? Usually when you check into some hotels it asks if your in need of assistance, but that’s only if you’ve been lucky enough to get an accessible room.

Personally, I think the area of refuge is useless.

Roy

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Response

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Lot of government requirements are unnecessary, ill advised or not consistently enforced. The Area of Refuge is of interest to the alarm industry only to the extent it requires two way communciation that is spec'ed out with the fire alarm system. It may also be monitored by a central station in the same way an elevator is monitored.

Explaining the technical aspects of the system is beyond my area of expertise. Making sure the contract provides the best protection against liability for a failed communication system is what I hope to include in our Standard Commmercial Fire All in One.

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Disclosure and Consent to Electronic Communication - need it be separately signed

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Ken,

We will be purchasing a newer version of your contract this year and we will start sending them via email. I understand the necessity of the authorization of electronic signature form you have talked about. My question is, must it be a separate email, or can it be the first one needing to be electronically signed in the one and only email with all forms. In the email they must sign (acknowledge) each section before it will allow the form to be signed at the bottom and submitted.

Thanks for all you do for the industry.

Jon

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Response

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I envision the on-line document to be a single document [quite long obviously]. SInce its all on the same page there will be many places where the consumer will be required to "sign". Since you will be complying [or attempting to comply] with consumer laws regarding execution and then delivery of the contract, the Disclosure and Consent to Electronic Communication will be at the top. After that document is "signed" the consumer will move on to the All in One Agreement, followed by the Schedule of Equipment and Services, the 3-day Cancellation form and finally a Disclaimer Notice. Each of these documents will have to be signed and initialed in several paragraphs too. But, the consumer will not have to leave the page; it's all on one electronic page. When printed it will be many pages, depending on whether it's reduced in size or on letter or legal paper. However, it's the electronic execution that is important for contract enforcement.

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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