Can the central station pass the cost of the fines to the installers or subscribers? The monitoring contracts can provide for that. I just changed the monitoring contracts, three-party contracts and the installer contracts that I write in my law office to provide for that. The installer and subscribers must indemnify the central station if there are permit or false alarm fines. Of course, whether these new indemnity provisions will hold up in court remains to be seen. The disclaimer notice should disclose the permit requirements.
Nassau County can't be the only jurisdiction considering these permits and fines, and such requirements may already be in place. Central stations need to update their installer contracts and three-party contracts. Dealers need to update the monitoring contracts and use the disclaimer notice.
About the author: Ken Kirschenbaum, Esq., is a New York-licensed lawyer practicing with Kirschenbaum & Kirschenbaum PC, a Long Island legal firm with a rich history of assisting clients in security and alarm related matters. Ken can be contacted via email at email@example.com. His website, www.kirschenbaumesq.com, features a great supply of legal information and court rulings relevant to the security industry. You can also sign up for Ken's discussion list from his homepage. He publishes alarm contracts on his site at alarmcontracts.com.