November 28, 2011
*************
***********
Question
***********
Ken,
I have and use all of your contracts. I have been presented with an opportunity to monitor several commercial elevators. I use a wholesale central station to monitor. My question is: can I use your Central Office Monitoring Contract for this purpose? Could any mention of security systems be voided out ? Should the contract be altered at all? If you feel a contract should be altered, is that something your office could do? Anon
*************
Answer
*************
The Monitoring Contract was designed to monitor electronic security systems, which would include fire and other types of alarms; not just intrusion. But, elevator monitoring is not a service specifically mentioned. I have not designed a standard contract for elevator monitoring and service.
That service, as I understand it, involves a dedicated phone or other communication line so that elevator stopage or other emergencies in the elevator can be promptly reported to summons assistance. I also suspect that many jurisdictions mandate elevator monitoring and the municipal department notified is the Fire Department for response.
The Standard Monitoring Contract is suitable for elevator monitoring with some modification which can be included in a rider. By definition you can include elevator monitoring as security, or simply provide that the monitoring service to be provided is elevator monitoring and all reference to security monitoring shall mean elevator monitoring. In the same rider you would describe how the system will work, i.e. dedicated telephone, POTS or VoIP line, how it's connected, and how it's going to be monitored and response options [i.e. call fire dept; owner; elevator response service, emergency medical response, police].
Is using the Monitoring Contract for this purpose like trying to bang a square block into a round hole? Not really. Most of the protective provisions in the Monitoring Contract are going to be applicable to the elevator monitoring service. If anyone thinks the industry needs a new contract dedicated to elevator monitoring let me know.
As far as service, you can use the Standard Service Contract. Just specify that the equipment and system to b e serviced is an elevator emergency notification system.
**********
Florida licensing - BASA certification
************
Ken,
You are correct but please be clear, there are NO 1099 alarm employees allowed in Florida! They ALL must have FASA or BASA cards and be "Employees" of the licensed contractor. This includes electricians doing ALARM work for a state licensed (EC) contractor The penalty that has been meted out to date is $500 per employee that does not comply. If one is detected by complaint etc, the state can open an audit of the contractor's records and fines for everyone not in compliance. It is also a misdemeanor criminal violation to work without one and first offense is generally $500 to the employee and a criminal record.
BTW the prohibition on 1099 employees for contractors is from Florida workers compensation statutes.
Hope this helps
Mike Fletcher
Heeth LLC
**************
Ken,
This is in response to the FLORIDA LICENSING QUESTION sent in by "anonimous" D on the BASA certification requirement. Ken, your answer was a bit shy of a full explanation and "D" should not go on without knowing the answer to his question which by the way is a tough one and could be challenged if push comes to shove. You gave him the exemption part of the statute, 489.503, that exempts employees which is correct. Except that part is exempting them from having to have the state license which every "company" must have, not the employee. If one reads further into Chapter 489 Part II for electrical and alarm contracting, they will find that every "employee' must have, within 90 days of employment, the BASA certification if they are working on Burg systems and the FASA certification if they are working on Fire systems. This is found in 489.518 and 489.5185 respectively., They are allowed to work that first 90 days under the direct supervision of an employee that does have one or both of these certifications until they themselves have met the requirements. These requirements are meant for the employee to obtain through an initial 14 hours of training with 6 hour of continuing education every two years. This training consists of State approved courses given by a State approved trainer of these courses. The requirement also calls for fingerprint cards submitted with background checks through the Florida Department of Law Enforcement every two years for renewal and be drug free. The ID cards must follow state format guidelines and the card is the property of the company which must be renewed every two years. This includes sales people. Again, this is for an employee as defined in the statute and not subcontractors. Subcontractors need the actual state license if they are not working as an employee. A state license holder does not need the BASA or FASA certification. Now for D's actual question. If one reads further into the statute they will find that if a contract is enter into by an unlicensed contractor it is null and void. I am not sure that would be the case if the company is licensed, however, the company is using a person that has not fulfilled the state requirements. I think the company would have a bigger problem with the state licensing board and the status of his license going forward. Not following the laws and rules of the statute is a punishable offense which could lead to fines, suspension and even revocation of the license. Who knows where a plantiff's attorney may take this if there were to be damages suffered by a client when an illegal employee was involved. Knowingly using an illegal employee? Could that be negligence on the part of the company that may not be able to be transferred even with Ken's contracts? I don't know. What do you think Ken?
Bob Worthy CPP
President
Secur Technologies, Inc.
*************
Answer
*************
If an unlicensed employee is found negligent you're going to have a tough time avoiding liability.