§195.12 Employee and employer responsibility

(a) Any person who is or has been an employee of a holder of a license shall not divulge to anyone other than his employer, except as may be required by law, any information acquired by him/her during such employment in respect to any of the work to which he/she shall have been assigned by such employer.
(b) It is the duty and obligation of an employer of any individual believed to have violated this section to divulge all known facts and circumstances to the Secretary of State or such person in the Department of State who may be designated.
 

§195.13 License revocation and suspension

Any person, firm, company, partnership, corporation or organization licensed under article 6-D of the General Business Law which has its license revoked or suspended by the Department of State shall be ineligible to employ assistants to install, maintain or service security or fire alarm systems for the period of the revocation or suspension.
 

§195.14 Criminal convictions

Any applicant or qualifier convicted of any felony or misdemeanor may be denied licensure or subjected to license revocation and suspension. Departmental discretion shall be exercised pursuant to the standards articulated in article 23-A of the Correction Law.
 

§195.15 Employee statements

(a) Each business licensed to install, maintain or service security or fire alarm systems shall obtain a complete employee statement from each employee at the time of hiring.
(b) The employee statement shall be a form prescribed by the Department of State, and shall set forth, whether or not the employee has ever been convicted of an offense (other than a minor motor vehicle offense); and at least the following information:

§195.16 Advertising

All advertising placed by an individual or a business licensed under this article must contain the following statement: "licensed by the N.Y.S. Department of State."
 

§195.17 Statement of licensure

All documents or receipts issued by an individual or business licensed pursuant to this article must contain the identification number issued to such individual or business and the phrase "licensed by the N.Y.S. Department of State".
 

§195.18 Special licensure requirements under Articles 7 & 7-A

(a) A business licensed pursuant to article 6-D of the General Business Law (licensed business) which employs security guards as that term is defined in General Business Law, article 7-A will be required to be licensed pursuant to Private Investigator, Watch, Guard or Patrol Agency License Law (General Business Law, article 7) and to comply with the security guard registration requirements of the Security Guard Act (General Business Law, article 7-A). An example of such security guard employment is the use of security personnel to respond to an alarm and secure a protected premises.
(b) A licensed business which does not provide security response service to the protected premises or otherwise employs security guards, but which provides response service with technicians only to check or service the alarm system, will not require licensure under article 7 of the General Business Law.
 

§195.19 Insurance

(a) All businesses licensed pursuant to this Article who employ security guards as that term is defined in General Business Law, article 7-A must maintain insurance as defined: all security guard companies other than public entities which are self-insured shall file with the department a certificate of insurance evidencing comprehensive general liability coverage from an insurance company licensed to do business in this State for death and personal injury, which coverage shall include false arrest or false imprisonment, malicious prosecution, libel, slander, and violation of right of privacy, in the minimum amount of $100,000 per occurrence and $300,000 in the aggregate. The certificate shall provide that the insurance shall not be modified or canceled unless 30 days prior notice shall be given to the department.
(b) After the effective date of this article, no security guard company shall knowingly have in its employ a security guard unless such coverage is in force and such certificate is filed with the department. Public entities which are self-insured shall file a statement to that effect satisfactory to the secretary in lieu of a certificate of insurance.
 

§195.20 Enforcement

All employees of the security guard company shall be subject to the enforcement provisions contained in article 7 of the General Business Law.


 

This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.

Section
196.1 Basic course requirements
196.2 Equivalency—prelicensing education
196.3 Course approval
196.4 Approved entities
196.5 Correspondence courses for hardship cases
196.6. Approval of correspondence courses
196.7 Request for approval of courses of study
196.8 Security or fire alarm system installer courses
196.9 Instruction time
196.10 Attendance
196.11 Examinations
196.12 Certificates of successful completion
196.13 Facilities
196.14 Retention of examination papers
196.15 Change in approved course of study
196.16 Auditing
196.17 Suspensions and denials of course approval
196.18 Open to public
196.19 Revocation of course approval
196.20 Advertisements
196.21 Employment recruitment
196.22 Policy concerning course cancellation and tuition refund
196.23 Faculty approval and qualifications
 

§196.1 Basic course requirements

§196.2 Equivalency—prelicensing education

The criteria for determining acceptance of courses completed prior to January 1, 1993 shall be that the course or courses have substantially covered the same subject matter, classroom hours of attendance and completed standards as prescribed by the regulations as a prerequisite of licensing. Applications for past course evaluation shall be accompanied by an official transcript or other documentation showing the subjects taken and hours of instruction devoted to each subject and the hours attended by said applicant together with the date completed. The department may request additional supportive documentation to determine course equivalency. Equivalency credit will be granted in 15 hour segments. If an applicant receives partial credit towards the 60 hour education requirement, the applicant may choose any of the four approved modules to complete the requirement.
 

§196.3 Course approval

In order to be credited towards the education requirement, courses completed on or after January 1, 1993 must be approved by the Department of State as to method and content.
 

§196.4 Approved entities

Security or fire alarm system installer course offerings may be presented for department approval: by a school duly licensed pursuant to the Education Law or approved by the Board of Regents as a school qualified to instruct students in the field of security or fire alarm systems; or by an industry sponsored training program. No person or entity applying for course approval may use a trade or corporate name which, in the opinion of the Department of State, may be misleading or cause confusion to members of the public. Each approved entity must provide the Department of State with the identity of an education coordinator who will be responsible for compliance with the regulations.
 

§196.5 Correspondence courses for hardship cases

Correspondence courses containing the same subject matter and requiring substantially the same assignment work can be approved for individuals who by reason of hardship cannot physically attend a classroom setting. A hardship case is defined to include any individual who, by reason of a permanent physical disability, cannot attend the location where classes are conducted. Any individual desiring to complete the required educational courses by means of correspondence courses shall make a request in writing to the Bureau of Educational Standards of the Division of Licensing Services, setting forth the basis of the alleged hardship. The department shall require said request to be supported by statements of doctors and/or other persons having knowledge of the facts.

§196.6 Approval of correspondence courses

Correspondence courses containing the same subject matter and requiring substantially the same assignment work as described in section 196.8 of this Part may be presented for prior approval to the Bureau of Educational Standards of the Division of Licensing Services. An organization submitting an application for such consideration will be required to provide a full, concise and acceptable method as to how the final examinations will be conducted and submit the textbooks that will be used in the course.

§196.7 Request for approval of courses of study

Applications for consideration for approval to conduct courses of study in the security or fire alarm system installer field to be given to satisfy the requirements for licensure covering the subjects described in section 196.8 of this Part shall be made 60 days before the proposed course is to be conducted and on a form prescribed by the department which shall include the following:
(a) name and business address of the proposed school which will present the courses;
(b) if applicant is a partnership, the name and home address of each partner;
(c) if applicant is a corporation, the name and home address of every person who owns five percent or more of the shares of the corporation;
(d) the name, home and business address and telephone number of the education coordinator who will be responsible for administering these regulations;
(e) locations where classes will be conducted;
(f) title of each course to be conducted;
(g) detailed outline of each course, together with the time sequence of each segment;
(h) final examination to be presented for each course including the answer key;
(i) description of materials that will be distributed;
(j) the books that will be used for the outline and the final exams; and
(k) all items included on each test form must be consistent with content specifications indicated for each course. Weighing of significant content areas should fall within the hours indicated. All reference sources used to support each correct answer must be included. Linkage to each answer must be indicated with a footnote showing page number and subject matter consistent with outlines.
 

§196.8 Security or fire alarm system installer courses

(a) The education qualifications for the New York State security or fire alarm system installer license requires the completion of the following courses of study:
 

Module 1 Installations: Standards, Codes and Techniques
Module 2 Control Panels and Alarm Transmissions
Module 3 Security Systems
Module 4 Fire Technology
 

MODULE #1 INSTALLATIONS:
STANDARDS, CODES AND TECHNIQUES