Tennessee

Title 62 Professions, Businesses and Trades
Chapter 32 Fire Protection
Part 3 -Alarm Systems Contractors

Tenn. Code Ann. § 62-32-312 (2006)
62-32-312. Employee registration - Procedure.

(a) All alarm systems contractor employees with access to records, diagrams, plans or other sensitive information pertaining to monitored, installed or proposed alarm systems shall be registered with the board.

(b) In accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the board shall promulgate rules to establish an appropriate system of employee classifications and registration.

(c) An alarm systems contractor may not employ any employee required to be registered with the board unless the employee is properly registered with the board in compliance with subsection (d) and meets the training requirements of subsection (g).

(d) All alarm systems contractors, within thirty (30) working days of the beginning of employment of any employee, shall furnish the board with the following:

(1) Set(s) of classifiable fingerprints on standard FBI/TBI applicant cards;

(2) Recent color photograph(s) of acceptable quality for identification; and

(3) Statements of any criminal records in each area where the employee has resided within the immediately preceding forty-eight (48) months.

(e) Upon receipt of an application, the board shall cause an FBI/TBI background investigation to be made, during which the applicant shall be required to show that such applicant meets all the following requirements and qualifications, prerequisite to registration or licensure:

(1) Such applicant is at least eighteen (18) years of age;

(2) Such applicant is of good moral character; and

(3) Registration of an employee shall be for one (1) year and shall be subject to renewal.

(f) Employee registration pursuant to this section shall be renewed annually.

(g) All alarm system contractor employees who sell, install or repair alarm systems, including closed circuit television systems, shall take and successfully complete the National Burglar and Fire Alarm Association Level 1 or equivalent training. The board may determine what constitutes equivalent training.

(1) Current employees must successfully complete the Level 1 or equivalent training within two (2) years of January 1, 2005.

(2) New employees after January 1, 2005 must successfully complete such training within one (1) year of employment.

(3) Employees not in compliance with this subsection (g) shall not sell, install or repair alarm systems, including closed circuit television systems.

(h) All alarm system contractors shall provide proof of employee training upon request by the board.

(i) Any costs associated with the alarm system training required by this section shall be the responsibility of and paid by the alarm system contractor who employs the person being trained.

62-32-313. Qualifying agents - Application for license - Requirements - Examination - Term of license - Renewal.

(a) Anyone desiring to be licensed as a qualifying agent shall make written application to the board on such forms as are prescribed by the board. The application shall be accompanied by an application fee as set by the board.

(b) An applicant shall meet all of the requirements for a registered employee as indicated in § 62-32-312(e). Application shall be accompanied by the documents required for employee registration as detailed in § 62-32-312(d).

(c) An applicant for qualifying agent shall meet the following combination of experience and educational requirements:

(1) The applicant must hold a four-year baccalaureate degree in electrical engineering from an accredited university or college acceptable to the board with at least two (2) years actual experience in the alarm industry; or

(2) The applicant must hold an associates degree in engineering technology from an accredited two-year technical college acceptable to the board with at least four (4) years actual experience in the alarm industry; or

(3) The applicant must hold current certification by a national training program approved by the board in the field of work to be installed, serviced or monitored and have at least five (5) years of working experience in the alarm industry covering the actual installation of alarms.

(d) If the application is satisfactory to the board, the qualifying agent shall be entitled to an examination to determine such agent's qualifications. This examination may be written and/or oral. The board shall be entitled to charge each applicant an examination fee as set by the board for each written and/or oral examination.

(e) If the results of the examination of any applicant shall be satisfactory to the board, then it shall issue to the applicant a license as a qualified agent in this state. The board shall state the classifications in which the applicant is qualified to engage.

(f) Licenses as a qualifying agent shall expire on the last day of the twelfth month following its issuance or renewal, and shall become invalid on such date unless renewed.

(g) Renewal notices shall be mailed to the last known address of the qualified agent ninety (90) days prior to the expiration date of the license. Such renewal must be received in the office of the board prior to the expiration of such license.

(h) It is the duty of the board to notify every person registered hereunder by mail to the last known address of the date of expiration of such person's certificate of license and the amount of fee required for its renewal for one (1) year; such notice shall be mailed in accordance with this section.

(i) The fee to be paid for the renewal of a certificate of license after the expiration date shall be increased ten percent (10%) for each month or fraction of a month that payment for renewal is delayed; provided, that the maximum fee for a delayed renewal shall not exceed twice the normal fee.

(j) No qualifying agent shall be qualified to receive a renewal license when such agent has been in default in complying with the provision of this part for a period of one (1) year, and in such event, the qualifying agent, in order to qualify under the law, shall make a new application as in the case of the issuance of the original license.

(k) The board shall not grant renewal of a qualifying agent license until it has received satisfactory evidence of continuing education during the previous year. The board shall promulgate rules to establish minimum satisfactory standards of continuing education.

(l) The board may, after notice and an opportunity for hearing, suspend, revoke or deny renewal of a license to a qualifying agent who is a qualifying agent for a person, firm, association or corporation which has had its certification suspended or revoked under § 62-32-319. The board shall in all cases before hearing any charges against any registrant furnish a written copy of the charges against the accused, including notice of the time and place where the charges will be heard, and give reasonable opportunity for the accused to be present and offer any evidence the accused may wish. The accused shall have the right to an attorney if the accused so desires. The revocation or suspension of license shall be in writing, stating the grounds upon which the board decision is based. The aggrieved person shall have the right to appeal from such decision.

(m) No qualifying agent may be the qualifying agent for more than one (1) business location.

62-32-314. Certification as alarm systems contractor - Application - Requirements.

(a) Anyone desiring to be certified as an alarm systems contractor shall make written application to the board on such forms as are prescribed by the board. The application shall be accompanied by an application fee as set by the board. The alarm systems contractor shall:

(1) Have a regular place of business at a permanent fixed location;

(2) Have a business license or licenses for the city and county in which the business is located;

(3) Provide proof of insurance as required by § 62-32-315(a);

(4) Submit an application for certification with the notarized signature of a qualified agent licensed by the board for the classifications of alarm systems being applied for; and

(5) Submit applications for registration of all employees on forms provided by the board as required by § 62-32-312(d) and accompanied by registration fees as required by § 62-32-318(a)(5).

(b) Applications for certification shall be on forms as prescribed by the board. The application shall disclose any and all persons, firms, associations, corporations or other entities that own or control a ten percent (10%) or greater interest in the applicant. The board may require FBI/TBI background checks and other information as deemed necessary by the board from any individual, firm or business owning or controlling ten percent (10%) or greater interest in the applicant and may at the board's discretion withhold certification until such information is satisfactorily produced and verified.

(c) In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the board shall promulgate rules which establish uniform criteria to govern issuance by the board of the classifications required by §§ 62-32-313(e) and 62-32-316(b).

(d) An alarm systems contractor may bid on a contract requiring work in some classification(s) other than the one(s) in which such alarm systems contractor is licensed, if and only if such work is incidental or supplemental to the performance of work in which such alarm systems contractor is licensed to engage.

62-32-315. Insurance.

(a) No certification shall be issued under this part unless the applicant files with the board evidence of insurance a policy of liability insurance providing for the following minimum coverage:

(1) One hundred thousand dollars ($100,000) because of bodily injury or death of one (1) person as a result of the negligent act or acts of the principal insured or the principal insured's agents, operating in the course and scope of such agents' employment;

(2) Subject to such limit for one (1) person, three hundred thousand dollars ($300,000) because of bodily injury or death of two (2) or more persons as the result of the negligent act or acts of the principal insured or the principal insured's agent operating in the course and scope of such agent's agency; and

(3) One hundred thousand dollars ($100,000) because of injury to or destruction of property in the course and scope of such agent's agency.

(b) Every certified company shall provide proof of insurance to the board upon request from the board. Failure to provide such proof of insurance shall be grounds for suspension or revocation of a certified company's certification.

62-32-317. Term of certification - Renewal.

(a) Each certification, license or registration granted by the board shall expire on the last day of the twenty-fourth month following its issuance or renewal, and shall become invalid on such date unless renewed.

(b) Renewal notices shall be mailed ninety (90) days prior to the expiration date of the certification. Such renewal must be received in the office of the board prior to the expiration of such certification.

(c) It is the duty of the board to notify by mail every person certified hereunder of the date of expiration of such person's certificate of certification and the amount of fee required for its renewal for one (1) year; such notice shall be mailed in accordance with this section.

(d) Applications for certification and renewal of certification shall list all persons required to be licensed in accordance with § 62-32-312(a).

(e) The fee to be paid for the renewal of a certification after the expiration date shall be increased ten percent (10%) for each month or fraction of a month that payment for renewal is delayed; provided, that the maximum fee for a delayed renewal shall not exceed twice the normal fee.

(f) No alarm systems contractor shall be qualified to receive a renewal certification when such alarm systems contractor has been in default in complying with the provisions of this part for a period of one (1) year, and, in such event, the alarm systems contractor, in order to qualify under the law, shall make a new application as in the case of the issuance of the original license.


62-32-318. Fees.

(a) The board is authorized to establish and charge reasonable application, certification, registration and license fees as follows:

(1) A nonrefundable application fee for a certification as alarm systems contractor;

(2) Upon approval of application, a certification fee;

(3) An annual renewal certification fee;

(4) A nonrefundable application fee to include the cost of an FBI/TBI background check for a qualifying agent's license;

(5) Upon approval of the board of a qualifying agent's license, an annual license fee;

(6) A nonrefundable application fee to include the cost of an FBI/TBI background check for an employee registration; and

(7) A non-refundable annual registration fee set by the board.

(b) The total amount of fees annually established by the board shall equal the direct and indirect anticipated expenses of the board for such year.