Hawaii-
HRS § 436M-1  (2007)

[§ 436M-1.]  Definitions.
  Whenever used in this chapter, unless the context otherwise requires:

"Alarm business" means any individual, corporation, or other business entity that engages in selling, leasing,
maintaining, servicing, repairing, altering, replacing, moving, or installingany alarm system in or on any building, place, or
premises, except motor vehicles.

"Alarm system" means any device that is designed for the detection of an unauthorized entry into any building, place,
or premises, except motor vehicles, or for alerting others to the commission ofan unlawful act, or both, and that emits a sound or transmits a signal ormessage when activated.

"Audible alarm system" means any alarm system that emits a sound when activated.

"Automatic telephone dialer" means any alarm system that, when activated, dials a programmed telephone number and, when the
telephone is answered, plays a recorded message informing the listener of an unauthorized entry or unlawful act.

"False alarm" means any alarm activation that is communicated to the police but that is not in response to an
actual or threatened criminal act. False alarms include alarm activations caused by negligence, by improperly
installed or maintained equipment, and by efforts to summon the police for a purpose other than that for which the alarm is
designed. False alarms shall not include alarm activations for which the cause cannot be determined,
or is in reasonable doubt, or is beyond the control of the alarm user or alarm business.


"False alarm rate" means the total number of false alarms received by the police relative to the
total number of alarm systems in operation.

[§ 436M-4.]  False alarms; reporting.

  Alarm businesses that maintain, service, or monitor alarm systems shall, upon request by the
police, share with them the data about false alarms and alarm systems in operation needed to determine the monthly false alarm
rate for each alarm business. Data obtained from each alarm business shall be used by the police only for
statistical purposes and shall not be released to others. Alarm businesses and the police shall cooperate to reduce to a minimum the number of false alarms reported to the police.


[§ 436M-2.]  Bond.

  (a) Except as provided in subsection (e), each alarm business shall keep in force a surety bond in the sum
of $5,000 during its first five years of operation. The bond shall be in effect from the date that the alarm business begins selling
its products or services and shall be continuously maintained for a period of five years from that date.


(b) The bond shall provide for payment, up to the limit of the bond, to any person who is injured or aggrieved or who has sustained loss or damage by the alarm business' violation of any provision of this chapter or any consumer protection statute, or the business'
failure to faithfully, promptly, and truly refund all fees which were illegally or incorrectly obtained from its customers.


(c) The bond shall give the injured or aggrieved party a direct and independent action on the bond for a period of one year from the date the loss or damage occurred.


(d) An alarm business that has completed five or more continuous years of operation on November 8, 1986, shall not be
required to maintain a bond. An alarm business that has completed less than five continuous years of operation on November 8, 1986,
shall maintain the bond for the remainder of its first five years of operation.

(e) An alarm business shall not be required to maintain a bond if it is engaged only in selling alarm
systems and does not provide any of the other services listed in the definition of "alarm business" in section 436M-1.


[§ 436M-5.]  Maintenance.


  On or near each alarm system shall be posted the name, address, and telephone number of the alarm
business that is maintaining, servicing, or monitoring the system. An alarm system that is not being maintained, serviced, or
monitored by an alarm business shall bear the name, address, and telephone number of a person or persons who may be contacted to
service or disconnect the system in the event that it malfunctions.

[§ 436M-3.]  Records and reports.

  Each alarm business that maintains, services, or monitors alarm systems shall keep accurate and up-to-date business records as may be required for at least two years. The records shall include a log of all alarm activations, the date and time of each activation, the reason (insofar as reason can be determined) for each activation, and monthly counts of the number of activations at each alarm user site that are reported to the police.

[§ 436M-6.]  Audible alarm systems.

  Every audible alarm system shall have a device to automatically terminate the audible signal within fifteen minutes of
activation. No audible alarm system, whether in use prior to or after November 8, 1986, shall be used, sold, or leased unless the
system complies with this section.


[§ 436M-8.]  Activation.

  No alarm system shall be activated intentionally except: (1) to report an unauthorized intrusion or the commission
of an unlawful act; or (2) to test an installed system with the prior knowledgeand consent of the police; or (3) to permit an alarm
business to demonstrate a system to a prospective buyer or user.