February 24, 2011

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Question

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Ken,

    In the recent discussions about 6E a New York State company stated to me that under the definition of 6D any company that uses a wholesale monitoring company is in violation of 6D because the wholesale monitoring company does not hold a 6D license and has confidential information of the subscriber.

    I have read 6D and cannot find any language to support that position. The most that I can find is that a non licensed person (defined as a person, corporation or LLC) can assist a licensee in performing services as long as they are issued an ID card. I maintain that this applies only to installations and that monitoring was never a part of the ordinance.  Furthermore, since the legislation was driven by the industry, I do not think the intent of 6D was to immediately put installing companies who do not have their own central stations out of business. In essence the public would only be able to deal with installing companies who have their own central stations which would severely restrict competition in the industry. This person’s view was that this is a good reason to move forward with 6E.

    Can you please comment on this?

Thank you.

Russell R. MacDonnell

Rapid Response Monitoring

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Question

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Ken,

    I have a financial client that has locations in NYC and NY State and they have requested that we take over monitoring of their locations.  I know that there are specific licensing requirements NY and I would like to know what is required and what your fee would be to have my business established in NY residing in your offices.

With Kind Regards,

JSN

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Answer

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    Many states now have a license requirement for providing alarm services. You can get a head start checking out the state requirements at https://www.kirschenbaumesq.com/alarmlicreqstate.htm  [let me know if you know of any updates please]

    The New York license law can be read here https://www.kirschenbaumesq.com/alarmlicreq-ny1.htm

    To answer the first question, New York does not license alarm monitoring.  The license applies to alarm sales, installation and service [of equipment].  If you provide monitoring, retail or wholesale, you don't need an alarm license in New York.  A wholesale monitoring company does not need a New York license.

      That pertains the the New York license, which does cover alarms, CCTV and Access Control.  Some states do include monitoring in its licensing requirements, so be sure to check the states where you intend to provide your service.

    If you are performing alarm services in New York that requires an alarm license then you'll need a presence in New York.  If you do not have an actual place of business you will need what is referred to as a Secondary Office where the records of your New York employees and subscribers are maintained.  My office provides that service.  Contact Eileen at 516 747 6700 x 312 for details.