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notify AHJ fire monitoring terminated / company vehicle for personal use
October 13, 2018
notify AHJ fire monitoring terminated
    We have an apartment complex with a new management group. We do the fire alarm monitoring. 
The original monitoring was signed with the old managing group and has expired. For the past six weeks we have been trying to have the new group sign the contract. We have sent them a contract (yours) for them to sign with no response. Yesterday we received a check for a years service with no contract, just a check. Today I am sending them back their check with another blank contract for them to sign. Enclosed is a note stating we cannot accept your check without a valid contract. Central fire alarm monitoring was suspended Oct 1st.
    Question I would like to confirm I am doing the right thing.

    Next time I suggest you confirm you intend to do the right thing, before you do it.  But I think you have made the right decisions.  You should not perform any services without a contract, and that most assuredly includes fire alarm monitoring.  
    You should not have sent a "blank" contract; You should have filled it in.  
    You should have let the subscriber know that you did or will contact the AHJ that fire alarm monitoring has terminated.  The last few versions of the 
All in One agreements includes a provision that you will notify the AHJ if monitoring terminates.  This is actually consistent with the law in New York and most other places.  The New York State Uniform Fire Prevention and Building Code, Section 101 Title, Scope and Purpose, provides: 
    "901.9 Termination of Monitoring Service
    For fire alarm systems required to be monitored by this code, notice shall be made to the fire code official whenever alarm monitoring services are terminated. Notice shall be made in writing, to the fire code official by the monitoring service provider being terminated."
    This same provision is in the International Code Council and probably the law in other states besides NY.

company vehicle for personal use
    We have a tech that drops off his son to school in the morning on his way to work in our company truck. What are your thoughts on this in terms of liability etc.?
    Please keep it 
name withheld on your newsletter

    For starters you have increased liability, if for no other reason than it stands to reason that if you use a vehicle 20 hours a week rather than 10 you double your exposure.  Who needs a kid in your vehicle who can be hurt and your vehicle around a school where other kids can get hurt?  
    Your insurance should cover you, but you better check your insurance application.  If the application asks if the commercial vehicle is also used for personal use, and you say no, then you may be dishonest in the application.  That could be enough to get your carrier out of the responsibility of insuring you.  You should read the policy carefully to make sure there are no provisions that vitiate the policy coverage if the vehicle is used for personal purposes.

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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
516 747 6700