January 8, 2011
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Ken,
Many people who are unqualified or who do not want to pay for a years worth of service bill "Have to have the access code"
When the system is tampered with and doesn't work everyone at the site gets amnesia and it is the original manufacturer and installers fault and liability when there is an incident and system failure.
I would suggest that everyone out there who has a client ask for the access code have your customer sign off with Kirschenbaum "hold harmless agreement".
That's right Ken we need a new agreement .
This would state that the client who asks for access codes assumes all liability for the functional and mechanical operation of the installed system and that the original installer and manufacturer are no longer responsible for the proper operation.
In Fire Alarm , the modifying of a system by non-factory certified personnel can violate warrantees and may be in violation of local or state codes.
This should be part of the Kirschenbaum hold harmless statement with the manufacturers warrantee only going as far as when serviced by factory trained and certified personnel.
Blair Ames
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Ken,
In Texas there is a rule that says that a company must give the master programming code, but may FIRST require that the buyer give a letter releasing the company from any liability for the functioning of the panel after that. I believe it applies just to fire alarm panels. I have required such a letter for years when I had my installing company. I think I never had to use it more than once or twice.
This applies to fire alarms. I could find no similar requirement in the Texas burglar alarm laws or rules.
Texas Insurance Code
Article 5.43-2 28 TAC §§ 34.600
Fire Detection and Alarm Devices & the Fire Alarm Rules
28 TAC §§ 34.600
§ 34.616. Sales, Installation, and Service
(b) (6) Upon request of the owner of the fire alarm system, a registered firm must provide all passwords, including those for the site specific software, but the registered firm may refrain from providing that information until the system owner signs a liability waiver provided by the registered firm.
http://www.rgccisd.org/Maintenance Website/Website Pages/documents/TexasInsuranceCode-FireAlarms.pdf
Gary Dawkins
Response Center USA
San Antonio, TX 78216