NJ Burglar and Fire Alarm Association
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.
NJBFAA Enhanced Website -- Track Your CEU Credits
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
• 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
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:
Central Region Membership Meeting
October 12th at Aliperti's Restaurant
Warshauer Electric Supply
Visit our website for more info and to pre-register
(events and training section)
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
requirement. The October 9 class has been sold out. We have scheduled two
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.
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
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
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
"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.
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