KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** More on dating fire alarm inspection reports / Customer sold January 24, 2023 **************************** More on dating fire alarm inspection reports from article on January 2, 2023 **************************** Ken I appreciate the comments in the January 2, 2023 article; unfortunately I did not go into great detail about what and how we do things to keep our question shorter than a book. We are licensed for both "alarm" and "suppression systems", thus, our insurance underwriter knows what we do and are licensed for. (In NYC only a licensed Fire Suppression Contractor, such as us, can work a valve <test tamper and flow water> or run a pump). As for poor quality inspections, check off boxes on forms, our monthly inspections require us to write in the pressures of each and every gauge on all the systems at static and running/flowing if applicable. It is routine for us to take pictures, of the gauges, valves, panels, etc as we go along for documentation and reference. All of our forms are custom for each building, set up to follow a flow through the building, usually starting at the service and main controls then from top down. Quarterly and other interval forms are also customized by building and require write in information such as seconds to activate alarm, etc. My son does a lot of the monthly inspections and takes three copies of the blank forms, the first is a worksheet as he goes through, then typically sits down at the subscribers and completes the next two based on his worksheet, nice, neat and clean, both forms signed by both parties, one copy for subscriber one for us. So, if he does not have the forms, having been through these buildings every month and knows his route and what gets checked, he uses a blank sheet of paper and transcribes later, backed up by photo's, his blank sheet gets attached to our final copy and filed. Upon returning to the office we discuss the inspection, scan our copy, write an email to the subscriber with copy of report attached and list any issues or concerns noted. Forms now clearly state "date of inspection" and near the signature part state, "signature date may be different from inspection date" Some inspections take multiple days; the forms always showed all dates, daily work sheets show what was done on each day. Our general policy is we do not loan tools, especially ladders. When we perform weekly or monthly pump runs we check the pump and controller for obvious changes or issues first, if someone changed a setting it may not be obvious, but, once the pump is started an unusual sound, pressure, etc. will be reason to abort and shut the pump off and investigate what or why things are different. Joe from Jade brought up a good point, someone could have made a change to a setting, a reason to put a tamper resistant seal on the control cabinets, and regulators, if the seal is broken or missing and investigation is warranted prior to performing a test. Jeff ************************ Customer sold ************************ Ken We have a customer that I believe has sold their property based on a social media post we stumble across. They have not notified us, and the monitoring service has been paid in advance. Am I obligate to reach out to them to inquire? Jason ************************* Response ************************* The “obligation” to reach out is an obligation to yourself, for your self-preservation.You should not be doing any service to a new occupant, even if the existing customer has paid in advance.Your contract [the All in One] does not permit the customer to assign the contract.You might wonder, why not permit assignment?Well one answer that comes quickly to mind is that your All in One has many protective provisions that the courts enforce only with reluctance and after great scrutiny of the contract language.We have enough issues with customers claiming they didn’t sign the contract or express other reasons why the contract should bar their claim; we don’t have to add an assignment to the mix of issues. A new occupant must sign your contract. Do not perform any services without a proper alarm contract signed by the end user. ************************ To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** 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 www.KirschenbaumEsq.com
