Omitting Opening, VOIP
QUESTION:
As an installer, how important is it for me to install an alarm contact on the top moveable sash of a double hung window, besides the obvious contact on the lower sash, liability wise? Also, liability wise,what do you recommend I tell my customers that I tie into their VOIP network for monitoring.
Lou Guaragna
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ANSWER:
You are expected to exercise a degree of expertise in the design and installation of a security system. Don't think that the standard language in the contracts to the effect that the subscriber is not relying upon your expertise and has selected the equipment will hold much weight in the event of an obvious deficiency in your installation design. The best way to handle omissions in your system is with a detailed schedule of equipment in the contract, a statement in the contract that particular equipment or openings were omitted from protection. Equally if not more important is the use of the Disclaimer Notice, which advises the subscriber that there is much more security available and the subscriber is not getting it, that VOIP is not recommended over POTS and that permit fees are the responsibility of the subscriber. If you don't have the Disclaimer Notice then order it now at www.alarmcontracts.com.
The above question answers itself. If you question whether the top moveable window needs to be alarmed then the answer is most likely yes. I am not an alarm dealer but I know there are acceptable standards on installations. There are other areas of a structure that would not be alarmed in a standard installation and therefore it would not be necessary to mention that they are not covered. For example, you may not typically protect a roof or the side walls of a building [and I apologize if that's a bad example].
I think your question raises a definite issue of liability. Similarly, if you decide not to protect the second floor of a two floor home, that is something you need to mention in the contract because you would otherwise be expected to protect those openings.
If your contract describes a basic system as front and back door, siren, one key pad, control panel with communication software, all for $595.00, then you don't need to mention everything else no protected in the contract, but you definitely need to give the subscriber the Disclaimer Notice in a separate form.
Q&A - dummy cameras
QUESTION:
Ken,
Once again, I am asked to augment an exterior camera system with "Dummy Cameras" at points where the glass doors have had the open and closing mechanisms removed, a bar installed over the gap so no pry toll can be used. The live cameras will be at the operational glass doors and personnel will only be allowed entry and exit at these points. The cameras are recorded 24/7 on a DVR.
This request was for the purposes of reducing over 50% of the required live cameras, merely a costs reduction tool, and the customer believing that the intruder will mostly likely focus on the operational door rather than to break the glass at one of the non-working doors, which has occurred already on two occasions.
I have always recommended that NO Dummy Cameras be installed, citing liability issues and the past legal settlements in California to victims who felt safe, thinking that there were "real" Cameras installed and that someone was watching them, when in fact the cameras were dummys.
Again, what are your current thoughts on the installation of Dummy Cameras?
Kind regards,
Cleve Palmer
Owner: CPPS
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ANSWER:
Here is the article on my web site that deals with dummy cameras. You need to be careful to specify in your contract that the subscriber has requested non operational equipment. You must provide this subscriber with the Disclaimer Notice. If not using the Disclaimer Notice then you should get it now at [http://www.alarmcontracts.com/] www.alarmcontracts.com. You should not be content to simply have some disclaimer in your contract when dealing with a sensitive issue like dummy cameras or any other non operational equipment.
The issue is how does dummy equipment mislead subscribers or other potential third parties into a false sense of security. A false sense of security relied upon by another who has a right to rely on that security may very well expose a party responsible for security. Thus a landlord in a building known to be dangerous who installs dummy CCTV in the laundry room to entice tenants to continue using the machines so that landlord can profit or comply with lease terms for services, may suffer consequences of liability if a tenant is injury and thought that a guard was watching the CCTV. If you install dummy equipment, and I don't recommend it, you should Be certain to specify that in the contract and installation specifications. Using the new Disclaimer Notice is also a good idea since it will point Out all the security the subscriber has elected not to get. Add the dummy equipment on that form. I thought we had a great deal of emails dealing with lawn signs for homes with no alarm systems. I think everyone agreed that it's not a good practice from a security point of view, or a business point of view. You want to be thought of as a professional; you need to act like one. I can't imagine a client coming to me, paying me, and telling me it's alright for me to advise only half the information or the wrong information. Same goes for you. Professional alarm installers don't sell alarm stickers instead of security systems, and they don't install dummy equipment. If the subscriber can't afford a system then put a more modest system in. If you do install dummy equipment be certain to spell it out in the contract. Maybe I will have a new paragraph heading called Additional Terms for Dummies.
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VOYEURISM
Many states have passed laws dealing with installation of cameras in inappropriate places. Joseph Hayes in NY was good enough to send me many of the statutes and they will be posted on my web site within the next few days. Here is a comment I received on the topic that gives a good summary, but be sure to check my web site for the actual statute in your state. It will be posted at http://www.kirschenbaumesq.com/avstatutes.htm
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Hidden Camera Laws
The laws of 13 states expressly prohibit the unauthorized installation or use of cameras in private places.
In Alabama, Arkansas, California, Delaware, Georgia, Hawaii, Kansas, Maine, Michigan, Minnesota, New Hampshire, South Dakota, and Utah, installation or use of any device for photographing, observing or overhearing events or sounds in a private place without permission of the people photographed or observed is against the law.
A private place is one where a person may reasonably expect to be safe from unauthorized surveillance. Alabama, Delaware, Georgia, Hawaii, Kansas, Maine, Michagin, Minnesota, South Dakota, and Utah also prohibit trespassing on private property to conduct surveillance of people there.
In most of these states, unauthorized installation or use of hidden cameras is a felony, punishable by a 2000.00 fine and up to 2 years in prison.
Several states have laws prohibiting the use of hidden cameras in only certain circumstances, such as in locker rooms or restrooms, or for the purpose of viewing a person in a state of partial or full nudity.
The above information is intended to give you basic information of "hidden" camera laws that are in your state. We advise you consult your local & state laws before installing any "hidden" camera.
George Kopczynski
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