When licensing law conflict / Webinars and ISC Meeting / Becklar Monitoring Webinar Today - sign up now March 13, 2025
KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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When licensing law conflict / Webinars and ISC Meeting / Becklar Monitoring Webinar Today - sign up now
March 13, 2025
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Webinars: All webinars will be recorded and available on the K&K website at https://www.kirschenbaumesq.com/page/alarm-webinars and are available on Podcasts at https://podcasts.apple.com/us/podcast/ken-kirschenbaum-presents/id1794851477
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March 13, 2025 noon ET Becklar Monitoring: professional central station monitoring
Becklar Monitoring: www.becklar.com
Presenters: Troy Iverson SVP Monitoring, Spencer Moore SVP Workforce Safety and Daniel Forrest President of Becklar Video
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Becklar Monitoring "The Critical Event Monitoring Leader".
Visit us at ISC West at Booth # 25109 and come relax by getting a drink, snack and neck/back massage in our meeting room which is located just off the show floor in Titian Suite meeting room 2202.
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March 18, 2025 noon Mitch Reitman. Accounting and tax issues
Mitch Reitman, Reitman Consulting [email protected] 817-698-9999 ext.101 https://WWW.Reitman.US
Presenter: Mitch Reitman
Hosted by: Ken Kirschenbaum
Topic: Sales Tax and Entity Selection for Security, Fire, and Integration Companies.
Did you know that many states have special rules regarding sales tax for burglar and fire alarm monitoring service? Don’t feel bad, neither do most accountants. States may also have special provisions for commercial install, service, inspections, residential install, interactive service, cellular units, and a host of other services. One thing that is consistent, and for certain, is that if your company doesn’t treat a sales tax situation the proper way, the State will most certainly expect your company, not your customers, to pay the tax.
Mitch Reitman will discuss sales tax and the alarm and integration industry. You will learn the difference between tax code, interpretations by taxing authorities, case law, and technical rulings. Sales tax audits are much more common then IRS Audits. Even if you have gotten some bad advice, being in compliance when the auditor walks in the door can save you a lot of grief.
Hopefully you have chosen the correct entity (Corporation, LLC, Limited Partnership, etc…) for legal protection for your company. Did you know that the IRS looks at each entity differently. Did you also know that it is possible to be taxed as a different entity in some situations, and that this can lessen your chances of an audit? Mitch will give you some insight into proper entity selection for tax purposes based upon your mix of business.
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March 19, 2025 noon ET Fieldhub: software for security and fire alarm integrators
FieldHub: www.fieldhub.com
Presenter: Miles Fawcett, CEO of FieldHub
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Learn all about Fieldhub’s all-in-one software built specifically for security and fire installers and integrators. FieldHub handles a huge range of key functions, including accounting, RMR billing and invoicing, as well as being a very strong CRM and dispatching platform, among other things! Sign up for the webinar and come meet the FieldHub team at booth #31087 at ISC West.
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March 20, 2025 noon ET Microkey: software solutions for alarm dealers
Microkey: www.microkey.com
Presenter: Victoria Ferro, President of Micro Key Solutions.
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Micro Key Solutions: Your Key to Profitability & Performance. 40 Years of Innovation – Built for Alarm Dealers Like You. "The Industry is Changing – Are You Ready?" Meet us at ISC West Booth 35056.
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March 21, 2025 noon ET Actuate: remote video monitoring
Actuate: www.actuate.ai
Presenter: Brian Karas - [email protected]
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Actuate AI. How to drive growth and efficiency in your remote video monitoring portfolio by reducing spam events and adding new video monitoring options. Actuate will be in the AI Discovery Zone at ISC West and is hosting exclusive events for monitoring stations and dealers in the video monitoring business. Contact Brian Karas direct at 603-315-7877 or [email protected]
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March 24, 2025 noon ET NMC: professional monitoring center
National Monitoring Center: www.nmccentral.com
Presenters: Tatiana Abramek, Senior Sales Executive with special guest Nicola Oakie, Vice President of Sales, Netwatch North America
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Learn about National Monitoring Center’s leading proprietary technology to bring innovative solutions. Contact Tatiana Abramek, Senior Sales Executive, NMC, at 949-877-226 or [email protected] and Nicola Oakie, Vice President of Sales, Netwatch North America
at 702-816-1974 or [email protected]
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March 25, 2025 noon ET Security Central: professional monitoring center
Security Central: www.security-central.com
Presenter: TBD
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: Learn about Security Central’s cs operation and why you should have your accounts with us
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March 27, 2025 noon ET Dynamark: professional monitoring center
Dynamark: www.dynamarkmonitoring.com
Presenter: Trey Alter, CEO. [email protected] 301-745-1602
Hosted by: Ken Kirschenbaum, Kirschenbaum & Kirschenbaum
Topic: The Future of Monitoring: Evolution or Revolution: A look into the changing dynamics of monitoring centers including size, service offerings, technology, and pricing. Also, a special section on how technology is changing the way monitoring centers, dealers, and their customers communicate with one another. Find out how Dynamark has evolved and the investments it is making for the future. Dynamark is hosting dinners in Las Vegas instead of a booth and to participate or arrange visit to either of Dynamark’s monitoring centers contact Trey Alter at 301 745 1602 or [email protected].
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Private and Group FREE meeting - schedule now available
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Schedule a free private meeting while at ISC. Meetings will be at the Prestige Lounge at the Palazzo. Time is limited so book now. Contact Kathleen Lampert at 516 747 6700 x 319; for last minute booking or to change appointment while at ISC contact Stacy Spector at 516 987 8428.
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Private Meetings with Ken Kirschenbaum, Esq.
Discuss contracts, buying and selling, legal and business issues, disputes, or just come and meet Ken in an informal setting.
Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment
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Private Meetings with Rory Russell of AFS:
Schedule a private meeting with Rory Russell of Acquisition and Funding Services (AFS) to discuss buying or selling security, fire and integration business. Contact Kathleen Lampert at 516 747 6700 x 319 to arrange a meeting. You can contact Rory direct at 518-366-5111. At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Rory. Call Stacy Spector at 516 987 8428.
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Private Meetings with Mitch Reitman, President of Reitman Consulting Group Inc. Discuss accounting, tax, due diligence, valuation issues. Contact Kathleen Lampert at 516 747 6700 x 319 to schedule your free appointment. At ISC you can also contact Stacy Spector to schedule last minute appointment or change an appointment with Mitch. Call Stacy Spector at 516 987 8428. You can reach Mitch at [email protected] or 817-698-9999 ext.101 https://WWW.Reitman.US
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Group Meetings: See schedule below. Space limited. Reserve your spot by calling Kathleen Lampert at 516 747 6700 x 319 or Stacy Spector at 516 987 8428.
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April 1. Group Meeting: 11:00 am to 12:00 pm - Selling and buying alarm accounts; Things to know. Group Meeting conducted by Ken Kirschenbaum.
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April 1. Group Meeting: 2:00 pm to 3:00 pm – State sales tax and complex company valuation. Group meeting conducted by Mitch Reitman of Reitman Consulting Group
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April 2. Group Meeting: 10:00 am to 11:00 am - "Selecting the best insurance carrier and what is trending with claims"
Learn for yourself the differences of various insurance carriers. Understand why some are better than others. We will discuss what is trending with claims in the security industry and tips to limit your liability when an incident arises. Group meeting conducted by Shawn Iverson of The Insurance Center. You can also meet Shawn at The Insuarance Center booth.
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April 2. Group Meeting: 11:00 am to 12:00 pm – Contracts – which ones you need and why you need them. Group meeting conducted by Ken Kirschenbaum.
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April 3. Group Meeting 11am to 12 pm. Buying or selling your security business. Group meeting conducted by Ken Kirschenbaum.
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When licensing law conflict
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One of the laudable reasons for statewide licensing for the alarm industry was avoiding licensing laws in multiple municipalities within the state. That was the impetus for New York’s licensing law in 1992. The statewide license authorized security and fire alarm companies to sell, install and service security systems and fire alarm throughout the state. Additional licensing was prohibited with some exception.
New York’s General Business Law Article 6 D includes the following provision:
Ҥ 69-z.Applicability. 1. The provisions of this article shall not be construed to limit in any way the authority of a city with a population of one million or more to enact, implement and continue to enforce local laws and regulations governing home improvement contractors and their agents or employees that were in effect prior to the effective date of this article, or to enact, implement and enforce any amendments thereto after the effective date of this article.
2. The provisions of this article shall govern notwithstanding any other law to the contrary; provided, however, that local law shall govern with respect to inspection of fire alarms by a fire marshall or any other person designated under such local law; and provided, further, that this article shall not be held to invalidate any provision of the laws of this state or any subdivision thereof unless there is a direct conflict between the provision of this article and the provision of such law or unless such law is duplicative of this article, in which case this article shall prevail, except as provided otherwise in subdivision one of this section. Except as provided in subdivision one of this section, no local law shall require any fee or license for the installation, servicing or maintaining of security or fire alarm systems,except that which is provided pursuant to this article.”
New York City enacted laws governing installation, repair and inspection of fire alarms within the City. It prohibited licensed alarm companies from installing fire alarm systems and permitted only licensed electricians to install fire alarms. NYC also imposed certification requirements for service and inspection of fire alarms, requiring both the company and its employees to be certified to perform that work.
The NYS statute permits NYC to:
“enact, implement and continue to enforce local laws and regulations governing home improvement contractors”. Licensed alarm companies do not need a home improvement license in NYC.
The NYS statute also permits NYC to regulate fire alarm inspectors:
“respect to inspection of fire alarms by a fire marshall or any other person designated under such local law”. This has been interpreted by the NYC FD as authorization to prohibit licensed alarm companies from inspecting fire alarms unless certified by NYC FD. I don’t read the law that way and I think the FD has exceeded its authority because while it can, and does, have requirements for its Fire Marshals, who are city employees, I think the phrase “or any other person designated” means another city employee, rather than being interpreted as excluding licensed alarm companies. No alarm company in NY has been willing to challenge the NYC FD on this, so it’s accepted practice; same with going along with only electricians can install the fire alarm.
Now NYC is taking it another step by regulating low voltage contractors, and that most definitely includes licensed alarm companies in NY. The new law reads:
“LOW VOLTAGE ELECTRICAL WORK: The installation, alteration,maintenance or repair of electrical wiring that is designed to operate at less than fifty volts for signaling, communication, alarm, and data transmission circuits except that such term shall not include the installation, alteration,maintenance or repair, regardless of voltage, of any such wiring which connects to, is a part of or is located within:
(a) lifesafety systems as defined by rule of the commissioner, including but not limited to (i) those safety systems and features listed in subparagraphs a through n of paragraph three of subdivision a of section 27-228.2 of the administrative code and (ii) alarm and extinguishing systems subject to building code reference standards RS 17-3, RS 17-3A, RS 17-3B, and/or RS 17-3C,
(b) classI, II or III hazardous locations as described in the electrical code technical standards, including but not limited to certain areas within commercial garages as set forth therein, aircraft hangars, gasoline dispensing and service stations, bulk fuel storage plants and facilities which may be utilized for spray applications or for a dipping and coating process,
(c) intrinsically safe systems as described in the electrical code technical standards, or
(d) apoint of connection to or interfacing with a control circuit which activates light, heat or power circuits.
LOW VOLTAGE INSTALLER: An individual who is certified by the commissioner to act as the representative of a business entity authorized pursuant to this chapter and the rules of the department to perform low voltage electrical work in or on any building, premises or lot in the city. An individual so certified shall have full responsibility on behalf of such business entity for the manner in which such work is done and for the selection, supervision and control of employees of such business entity who perform such work. Such individual shall be an employee of the business entity which he or she represents and shall supervise, direct and be responsible for only the work of the employees of such business entity. Such individual shall not represent more than one business entity.”
How this new law is interpreted and enforced remains to be seen. In my view it should not be interpreted to impose any new license or certification for a NYS licensed alarm company or installer.
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STANDARD FORM AGREEMENTS: To order up to date Standard Form Alarm / Security / Fire and related Agreements click here: www.alarmcontracts.com
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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.
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ALARM ARTICLES: You can always read our Articles on our website at www.kirschenbaumesq.com/page/alarm-articles updated daily
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