KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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How are you handling new NFPA codes / capturing video laws  / finding our articles / trouble getting emails
August 9, 2017
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How are you handling new NFPA codes
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Ken
    We recently became aware of the NFPA code below requiring residential fire alarm testing.
  • NFPA 2007 10.4.6.1 Testing “Household fire alarm systems shall be tested by a qualified service technician at least every 3 years according to the methods of Table 10.4.2.2.”  (For those grandfathered into the 2007 code)
  • NPFA 2013 14.4.6.1 Testing. “Household fire alarm systems shall be tested by a qualified service technician at least annually according to the methods of Table 14.4.3.2. The installing contractor shall be required to provide this information in writing to the customer upon completion of the system installation.  To the extent that the fire alarm system is monitored offsite, the supervising station contractor shall provide notice of this requirement to the customer on a yearly basis. (SIG-HOU)”
    How do you suggest we approach current customers and tell them that they need a fire alarm inspection and we are going to charge them a fee?  We were thinking of sending a letter saying:  In accordance with NPFA 2013 14.4.6.1 we are hereby notifying you that household fire alarm systems shall be tested by a qualified service technician at least annually according to the methods of Table 14.4.3.2. The fee for household fire alarm systems testing is $____.  Please contact us at _________ to schedule an appointment for your annual testing. 
    While the inspection does not take long, we do not want to eat the cost of service calls nor do we want to lose customers who are no longer under contract/on a month to month basis. What do you suggest if customers refuse to pay or decline the inspection altogether?  If the customer signs something saying they are aware of the inspection but want to decline does it defer liability back to them? 
    Do you know how other companies are handling this? 
    Also, for new customers we were going to provide them a letter stating:
Based on the completion of your fire alarm system installation, as the installation contractor, ____________ is hereby providing you notice in accordance with NPFA 2013 14.4.6.1, that household fire alarm systems shall be tested by a qualified service technician at least annually according to the methods of Table 14.4.3.2.      Additionally, as your fire alarm system is monitored offsite, we as the supervising station contractor shall provide you notice of this requirement on a yearly basis at which time you will need to contact us to schedule an appointment.  The fee for household fire alarm systems testing is $____. 
Anonymous
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Response
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    The Residential All in One has been updated to make clear that the inspection service includes the testing required by UL or NFPA, as the case may be.  
    Before notifying your subscribers that the new NFPA guidelines affect them, be sure they do.  Unless local building codes or other laws adopt the NFPA version with these guidelines they remain advisory, not legally mandated.  Just be careful not to mislead your subscribers when letting them know that their residential fire alarms need to be inspected and tested.  This is already a separate line item in the Residential All in One, so you are covered with the All in One forms from at least 2015 that have the inspection line item.  If you need to update, go to www.alarmcontracts.com
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copies of email articles
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Ken,
Allow me to take this opportunity to thank you for your informative e-mails; they are appreciated!
Last week, you sent a message about video event notices that I wish I has saved; might you re-send?
Thanks!
Rick
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Response
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You can find all the email articles on our website at https://www.kirschenbaumesq.com/page/alarm-articles  There is a search feature on the website.
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capturing video laws
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Ken,
You stated: "Video is another issue.  Some states do not permit capturing the video of another without their consent."    Which states specifically require consent for capturing video of others?
p.s. everyday google mail is sending your newsletter to spam even though every day I mark it as not spam.
John
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Response
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    You can check the video laws here: https://www.kirschenbaumesq.com/page/alarm-law-issues
As for the daily emails, I am having a lot of trouble with delivery lately.  If you aren't getting the email daily you should "white list" ken@kirschenbaumesq.com, secure.mybiz.com and mybiz.com.  That means more than just letting google know the emails aren't spam.  Go to your email settings, spam control.  You will find a place to "black list" those addresses you want to block and "white list" those addresses you want google to know you want.
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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