KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE

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Still more comments on the ADT fire death
February 1, 2019
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Still more comments on the ADT fire death from January 26, 2019 article
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Ken
    I am sorry I didn't hear about the accident or incident. I have been in the security and fire protection service for over 30 years. Things and signals must have changed at ADT and Monitronic , On my Appendix sheet, an 131 or 132 is and burglar alarm (glass break or not) IF its a FIRE it reports an 110, call to verify, 3 ring and dispatch. Sound like a programing error on ADT . MY monitoring company if unable to verify or reach contacts,they dispatch. I would rather pay a false alarm call than an an Lawyer.
name withheld 
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Response
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    I'd rather you pay a lawyer, me specifically. The Standard Form Agreements provide that your subscriber must reimburse you for false alarm fines. Your insurance company may cover your legal fees if a claim is covered. A false alarm fine dispute is not covered by your E&O carrier.
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more comments
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Ken
    The direction of the topic changed when the alarm guy, anonymous (gutless) said that his central station changes the signal definition to dispatch the police.
    I commented on increased duty (with no increased revenue)
    You missed the point when anonymous changed the discussion from why you need to use proper contracts, such as yours, to changing policy on the fly. Years ago you said the central station should issue it's standards for signal processing. Neither TMA(CSAA), NFPA, UL or any local law directs you to change a signal definition for additional processing. Which prompted my response about duty.
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Ken, 
    My response was based on this being a Burglar Alarm, not a fire alarm. The tamper signals were not from fire devices. 
Anon 
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Response
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    We should clear a few things up. ADT did not do anything wrong in the reported case, and the case was dismissed. The point that I want to reiterate is that I think it's important to test every zone and signal and make sure the central station is getting and can identify every signal. How it handles each type of signal should be expressed in a Procedural Guide that should be given to both dealers and subscribers so they know how signals will be processed. The Standard Form Agreements provide for this.
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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