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fire alarm passwords and release form / Classes for NY Alarm License November 1, 2017

KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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fire alarm passwords and release form / Classes for NY Alarm License
November 1, 2017
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still a few spots for classes for the New York alarm installer license
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If interested in getting a New York alarm license this may be your last chance to take the required course this year.  License covers intrusion, fire, cameras.
Metropolitan Burglar and Fire Alarm Association of New York, Inc. is sponsoring the Business of  Installing, Servicing or Maintaining  Security or Fire Alarm Systems, New York State Approved  81-hour Alarm License Course (administered by the Metropolitan Burglar and Fire Alarm Association of New York, Inc. an Approved New York State - Department of State - Educational Provider)
CLICK HERE TO REGISTER NOWhttp://www.mbfaa.com/NYS_License_Course_MBFAA.htm
   WHY? If you are unlicensed and installing security systems
Burglar Alarm Systems - Security Cameras (CCTV) - Access Control Systems - Fire Alarm Systems in the State of New York YOU MAY BE FINED UP TO $10,000.00 for unlicensed activity!
MBFAA's class dates and times will enable our students to complete the New York State 81-hour requirements in the shortest time.
WEEKEND (Saturday and Sunday) CLASSES SCHEDULED - Four (4) Weekends
NOVEMBER - DECEMBER 2017
Saturday, Nov 11 - Sunday, Nov 12, Saturday, Nov 18 - Sunday Nov 19, Saturday, Dec 2 - Sunday, Dec 3, Saturday, Dec 9 - Sunday, Dec 10.
Classes start at 8:00 AM SHARP! - Classes end at +/- 6:00 PM. YOU MUST ATTEND ALL HOURS, DAYS, AND DATES. You lose no work or business time during the week
New York City / Long Island. Near the airports - plenty of parking - close to public transportation.
The classes are conducted with graphic presentations and with our New York State Certified instructors. Soft-cover books and handouts are included containing extensive information that will serve as a resource throughout your electronic security career.
CLICK HERE TO REGISTER NOWhttp://www.mbfaa.com/NYS_License_Course_MBFAA.htm
Alan Glasser, Executive Director
METROPOLITAN BURGLAR & FIRE ALARM ASSOCIATION OF NEW YORK, INC.
PO Box 54, Brooklyn, New York 11204-0054
(718) 894-6712 w eFax (718) 228-7940
mbfaa.ny@gmail.com      www.mbfaa.com

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fire alarm passwords and release form
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Ken
    We installed a non Approved fire system  and the customer signed our standard Commercial Security Lease agreement.. The agreement specifies that it is a non Approved fire system.  The customer is requesting to have the program password. 
    I do not mind giving to him the program password provided the client signs a waiver holding us harmless for all problems that may arise if the client does something to the program.  Do you have a waiver set up for the client to sign or can you create one if you do not have one. 
    The client is threatening us if we don't release the password.
    Let me know
Thanks
Warren
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Response
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    The only state I know of that requires the alarm company to turnover the password to a fire alarm system is Texas and then only if the subscriber signs a release.  I can certainly provide a release form if you want to turnover the password and any other programming information.  
    You used the wrong contract with this subscriber because you used a Security contract, not a fire contract.  Whether you are going to install a AHJ compliant fire alarm system [which should always be your first and maybe only choice] or as you refer to it, "a non Approved" fire alarm system, use the Commercial Fire All in One.  That form actually has a provision that is invoked when the system is not code compliant.  
    The Commercial Fire All in One shares a common provision found in all the Standard Form All in One Agreements.  Not only does the alarm company continue to own the password, it continues to own all programming as its intellectual property.  Only if the subscriber completes the contract and it comes to an end is the alarm company required to either disclose the password or default the system to the manufacturer's default code.  Using the default code is necessary when the alarm company uses its own unique password on all of its systems.  Perhaps not the best option.
    Your release should cover you the minute you turn over the password, not only if the subscriber decides to use the password to modify the system.  Why get into a dispute whether the subscriber messed with the system.  Having demanded the password the subscriber has evinced its intention to assume control of the system.  With that control comes total responsibility.
    Considering that you should not have gotten involved with a non-compliant fire alarm system in the first place, I think you should get rid of this subscriber as soon as you can.  I suggest a standard general release and then don't look back.
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THE ALARM EXCHANGE

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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