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NJ Burglar and Fire Alarm Association

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					    NJ Burglar and Fire Alarm Association



                           Monthly Report
                           October 2010

President's Report                                             Richard Trevelise

         We are now into the third triennial phase for individual alarm license holders.
         The CEU clock has been reset and it's time to start obtaining new CEU's.
         NJBFAA is working on new courses to help give our members the educational
         edge to make themselves and their business a success. Within the next 60 days
         the business license renewal applications will be going out to all businesses.
         Make sure you look for it and promptly return it to renew your business license.

         We have had a changing of the guard within our Board at the NJBFAA. After
         many years as the attorney for the NJBFAA, Eric Pritchard has moved on to new
         challenges in his career. On behalf of the present and past staff of the NJBFAA
         and its Board of Directors, I would like to wish Eric the best of luck. I would like
         to welcome Mr. Michael Revness as our new attorney. As we move forward with
         business of the NJBFAA, we look forward to a long term working relationship with
         Mr. Revness. Look for additional information in the next newsletter on Mr.
         Revness and what he can do for you.

         It's been a very busy year for the staff and the Board of Directors at the
         NJBFAA. The website has been another area that has been modified and
         upgraded. If you have not taken a look at the website lately, now is the time to
         go back and see how functional it has become.

         The economy has become one of the most common topics of conversation
         lately. I would like to thank you, our members, for your continued support over
         the years, especially in these tough economic times. Our membership is strong
         and hopefully will continue to grow as more dealers and integrators see the value
         membership. We always try and provide a value to you, whether it is relating to
         training, information on licensing, or using Beverly Lynch as your voice in
         Trenton. Thanks again for your support as we continue to work for you everyday.


From the Statehouse                                                 Beverly Lynch


         Focus continues on the national election picture....and the hotly contested results
         for the US House of Representatives, US Senate and several gubernatorial
         races. Here in New Jersey, we have two key house races being watched by the
         pundits in Washington - districts 2 and 12. Next year, the entire New Jersey
         State Legislature is on the ballot - and 2011 will be a very interesting year
         featuring races testing the Christie mid-term support.

         In Trenton, work continues in committees and floor votes. Over 6,000 bills have
         been introduced thus far, and we are tracking over 150 of them for the security
         industry. The licensing bill (A-2394, sponsored by Assemblyman Vincent Prieto)
         has been released from the Assembly Regulated Professions Committee, and is
         awaiting consideration by the Assembly. I have spoken with Speaker Oliver's
         chief of staff to express support for posting the measure, and have been working
         with the Department of Law and Public Safety on amendment language (that
         does nothing to weaken the bill).

         As always, contact me with questions, comments, feedback and suggestions.
         blynch@blynchassociates.com.


NJBFAA Enhanced Website -- Track Your CEU Credits

                                          Great News!

          Check out the NEW NJBFAA website with exciting new features that
          will make your business management easier...convenient, easy, and
                      designed especially for NJBFAA members!

                                   Go on the site now and ...


             •   Register and create your password by clicking membership
                 directory.



             •   Verify and update your contact information.



             •    Sign-up and pre-pay for the Central Membership Meeting.



             •   Make a contribution to the PAC or a donation to the
                 Scholarship Fund.



                                GREAT NEW FEATURE:
                      NJBFAA will automatically track and verify all
                     NJBFAA sponsored license training classes for the
                                second triennial period
                          (September 1, 2010 - August 31, 2013).


                 Coming Soon: Renew your 2011 membership dues online.
                         click here and check it out:
                                www.njbfaa.org
Central Region Membership Meeting

                          October 12th at Aliperti's Restaurant

                                      Sponsored by:
                              Mid-Atlantic Representatives
                                           and
                                          Napco
                                           and
                               Warshauer Electric Supply
                    Visit our website for more info and to pre-register
                               (events and training section)

                                        www.njbfaa.org

2011 Annual Symposium


                                Save the Date!
                                     January 27 - 28, 2011

                                 The Tropicana - Atlantic City

Education Update                                                        Ira Hosid


         Can you afford a $37,500.00 per day fine? The EPA may use YOU to make an
         example of not having the renovation, repair and painting certification (RRP). The
         NJBFAA has been actively getting classes for you to help meet this new
                                       th
         requirement. The October 9 class has been sold out. We have scheduled two
                                      th       th
         more sessions: October 16 and 20 . As a member of the NJBFAA you will get
         a $20d iscount for this one day class. Unlike the 'other' government subsidized
         two day programs, you will also get (7) CEU's for your next license renewal.
         Watch for the e-mails regarding the classes and remember you have to call our
         office to get the discount code for the class. You cannot come back and get the
         discount after you signed up and paid without this NJBFAA code.

         The Symposium 2011 will be announced shortly and I highly recommend that
         you attend and start getting your CEU's now instead of waiting until the last
         minute. We are offering some of the standard required courses and included a
         number of new courses that I think you will enjoy. Remember, our Symposium is
         the best deal for the credits offered at a two day event.
EPA Cases are Starting to Surface and Fines are Huge Gerard Duffy

          I have been asked these questions many times since reporting on this EPA RRP
          issue. "So where is there any liability that would affect me?" or "I am not doing
          anything that would create a lead hazard" or "How are they going to prove I was
          at fault" The company here is automatically at fault just for failing to warn the
          homeowner or tenant. Decide for yourself. Is the risk worth it?


                  EPA Cites Hanson's Window and Construction for Failures to
                      Warn Residents About Potential Exposures in 2005;
                                 $784,380 Penalty Proposed


          CHICAGO (June 17, 2010)) - Based in part on information that two children living
          in renovated Michigan homes had tested positive for elevated blood lead levels,
          U.S. Environmental Protection Agency Region 5 has filed a complaint and
          proposed a $784,380 penalty against Hanson's Window and Construction Inc. of
          Madison Heights, Mich., for violations of the 1998 federal rule for failure to warn
          residents of potential lead based paint exposures.

          In this case, EPA alleges that during 2005, Hanson, a window installation firm,
          failed to provide home owners and tenants of 271 residential properties in
          Lansing, East Lansing, Haslett, Charlotte, Onondaga, Williamston, Holt,
          Stockbridge, Mason, Leslie and Warren with required information warning
          residents that their construction activities could expose residents to lead. The
          alleged violations of the 1998 Pre-renovation Lead Information Rule occurred in
          work performed around May 2005.

          NOTE:

          The "warning" rule being enforced here is the 1998 federal Pre-renovation Lead
          Information Rule, which requires that renovators provide homeowners, tenants
          and owners or lessors of child-occupied facilities with the "Renovate Right"
          pamphlet and obtain written confirmation that they have received it. The purpose
          of the rule is to protect families during renovations in housing built before 1978.

          This complaint has no connection to the recent Renovation, Repair and Painting
          Rule that went into effect April 22, 2010. The 2010 rule concerns new and
          additional requirements for renovation and repair worker training and certification.

          This should open your eyes about how this new April 22, 2010 ruling will affect
          you and your company. It will follow you for years to come and the need to keep
          good records on every job. In the Hanson case, here they failed to provide the
          required Pre-renovation Lead Information or the "Renovate Right" pamphlet and
          obtain written confirmation that the homeowner had indeed received it. Did
          Hanson's work directly cause the elevated blood lead levels alleged in this case?
          We may never know. The problem for Hanson here is they never complied with
          the regulations or could not show proof that they did. This could lead to
          negligence on Hanson's part and lead to civil damages of three times the
          awarded amount in each case brought against them in addition to the fines
          levied.
Low Voltage Smoke Detection                         Jeff Davis and Gerard Duffy


                            It's Official... low-voltage smoke detection
                                       system are now allowed


         We have attained this right from Codes and Standards and now there should be
         no more second guessing on the use of low voltage smoke detection in single
         family homes. Jeff Davis ran into an AHJ who would not back down on his
         decision and I referred him to Codes and Standards to get it resolved. Thank you
         Jeff for sending us this so every one can refer to. I want to remind everyone to
         contact Codes and Standards if there is a conflicting issue. They are the final say
         and most times it's in your favor.


         New requirements for smoke alarms and low-voltage smoke detection
         systems:

         This article is being written to make sure everyone is aware of a new positive
         addition to the requirement for smoke alarms in the 2009 New Jersey
         International Residential Code (IRC). Section R314.2 now allows smoke
         detection systems to be installed as the primary detection system. Below is the
         new code text that allows the installation of the household fire alarm systems in
         accordance with NFPA 72.

         "R314.2 Smoke detection systems. Household fire alarm systems installed in
         accordance with NFPA 72 that include smoke alarms, or a combination of smoke
         detector and audible notification device installed as required by this section for
         smoke alarms, shall be permitted. The household fire alarm system shall provide
         the same level of smoke detection and alarm as required by this section for
         smoke alarms. Where a household fire warning system is installed using a
         combination of smoke detector and audible notification device(s), it shall become
         a permanent fixture of the occupancy and owned by the homeowner. The system
         shall be monitored by an approved supervising station and be maintained in
         accordance with NFPA 72.
         Exception: Where smoke alarms are provided meeting the requirements of
         Section R314.4."

         "R314.4 Power source. Smoke alarms shall receive their primary power from
         the building wiring when such wiring is served from a commercial source, and
         when primary power is interrupted, shall receive power from a battery. Wiring
         shall be permanent and without a disconnecting switch other than those required
         for overcurrent protection. Smoke alarms shall be interconnected."

         The exception of R314.2 allows a homeowner to install interconnected smoke
         alarms as in the past and the low voltage system would not need to comply with
         the smoke detection system requirements of the section. The code change is
         very similar to Bulletin 08-1 in that it requires monitoring and servicing of the fire
         alarm system after installation. The new section goes one step further and
         requires that the low voltage household fire alarm system be a permanent fixture
         owned by the homeowner.

         So as of September 7, 2010 when New Jersey adopted the 2009 IRC
         homeowners are allowed to install low voltage household fire alarm systems as
         long as they own the system, have it monitored by an approved supervising
         station and have it maintained in accordance with NFPA 72.

                The Department will be withdrawing Bulletin 08-1 when the 6 month
         grace period expires for the 2009 IRC.


         Source:      Michael E. Whalen
                     Code Assistance Unit



Are You and EPA RRP Certified Company?                                    Gerard Duffy


                                 Renovation, Repair, and Painting

         RRP is here to stay and the outlook is not good for any contractors.

          If you have been paying attention to this issue over the past few months and
         took our advice and got yourself EPA RRP trained and certified, you made the
         right choice and are ahead of the game. The nightmare is not over yet. Soon the
         last remaining legislation with regards to commercial properties will be upon us
         and it is still unclear what other new requirements await us. Those of you that
         took the classes and were trained in the lead swab testing may need to retake
         the training as the old swab testing will no longer be allowed. A new and more
         accurate test has been approved in September. There are indications you will
         need to be certified in the new procedures in the near future but nothing is set in
         stone as of yet.

         To my surprise was the lack of answers I was getting from the insurance and
         legal side of this. So I did some research and it's not pleasant to say the least. I
         started with my own insurance carrier and found my policy did not cover
         environmental or pollution claims. In fact, you can not even get a rider for it. It's a
         very costly policy in itself. I called many insurance carriers and were told the
         same thing. Since insurance companies at this point don't know what the risk
         level is on this new ruling only a few companies will offer it to you.

         The next thing I was worried about was my liability and contractual wording. It
         was a good time for me to review and update my contracts. But none of the
         industry lawyers seem to have any verbiage for our contracts. So I contacted
         some environmental lawyers and they were more familiar with this issue. Most
         claims, up until now, with the exception of a few, have been settled out of court
         and have been brought against painters and paint companies or owners and
         managers of apartments. With regard to contractors, I did not find anything. But
         now that we have to be certified, it will soon open the door for more litigation. I
         was told we can see more published civil actions resulting in favor of the
         complainant in both State and Federal courts and you can be a defendant in a
         lawsuit many years down the road. If you were not compliant at the time, you
         could be found negligent and at fault even if you didn't do any work but someone
         else did but you were there.
         I can honestly say I'm not surprised now that we are at the end of another dead
         line to hear people say "I never heard about this" , "This will never effect me" , or
         "Ill just put in all wireless" and many other excuses that will not hold up in a court
         of law when you get caught. It's the law of the land now and until we, and this
         means you also, step up and complain to your Federal Legislatures nothing will
         ever come to change. NJBFAA along with ESA have worked long and hard
against this regulation with little success but our voices were heard that lead to at
least the enforcement amendment that ends on October 1, 2010.

Until October 1, 2010, EPA will not take enforcement action for violations of the
RRP Rule's firm certification requirement. (It should be noted, however, that only
the certification requirement is delayed and that failing to follow safe work
processes will trigger a violation).

For violations of the RRP Rule's renovation worker certification requirement, EPA
will not enforce against individual renovation workers if the person has applied to
enroll in, or has enrolled in, by not later than September 30, 2010, a certified
renovator class to train contractors in practices necessary for compliance with
the final rules. Renovators must complete the training by December 31, 2010.
                                                     th       th
NJBFAA has two upcoming classes on October 16 and 20 . These classes are
approved for (7) CEU's toward your 2013 license renewal. These classes are on
a first come first served basics and you can sign up for them on the NJBFAA
website. www.njbfaa.org and look under training.
This law will be one of the best self enforced laws ever written. As you as a
compliant company start loosing work to a non compliant company you will
undoubtedly report the violator. Even when you are on the job if you don't report
a non compliant company you become responsible for them and their work
preformed. Do you want to take on that risk? This law is all about compliance and
record keeping. For ever we complain about the other guy not complying with the
rules and regulations. Now the burden is solely on you.
All rules and regulations can be found at www.epa.gov/lead

				
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