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Alabama Electronic Security Board of Licensure - Senate Bill 125

THE STATE OF ALABAMA
BILL TEXT
Copyright © 2009 by State Net(R), All Rights Reserved.
2009 AL S.B. 125

ALABAMA 2009 REGULAR SESSION
SENATE BILL 125
BILL NUMBER:  SB125
AUTHOR: MEANS AND MITCHEM
REFERRED: GOVERNMENTAL AFFAIRS
FILED: 03-FEB-09

              BILL TRACKING REPORT: 2009 Bill Tracking AL S.B. 125

2009 Bill Text AL S.B. 125

VERSION: Introduced

VERSION-DATE: February 3, 2009

SYNOPSIS: A BILL TO BE ENTITLED AN ACT

 

   To amend Sections 34-1A-1, 34-1A-4, and 34-1A-6, Code of Alabama 1975, relating to the Alabama Electronic Security Board of Licensure; to provide further for definitions, licensure based on classification of work performed, and exemptions.

SYNOPSIS: Under existing law, the Electronic Security Board of Licensure licenses alarm system installers and locksmiths. This bill would define certain other security related systems and provide for licenses based on the classification of work performed. Under existing law, certain individuals and businesses are exempt from the licensing and regulatory provisions of the Electronic Security Board of Licensure. This bill would provide further for the exemptions relating to licensed general contractors, electricians, and homebuilders.


TEXT: BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

   Section 1. Sections 34-1A-1, 34-1A-4, and 34-1A-6, Code of Alabama 1975, are amended to read as follows:

   Section 34-1A-1.

   "For the purpose of this chapter, the following terms shall have the following meanings unless the context clearly indicates otherwise:

   "(1) ALARM SYSTEM. Burglar alarms, television cameras, or other electrical or electronic device used to prevent or detect burglary, theft, shoplifting, pilferage, and other similar losses. [A] THE TERM INCLUDES A CLOSED CIRCUIT TELEVISION SYSTEM, ELECTRONIC ACCESS SYSTEM, OR A CENTRAL STATION. does not include any fire detection, fire alarm, or fire communication system.

   "(2) ALARM SYSTEM INSTALLER. A person or business entity that offers to undertake, represents itself as being able to undertake, or does undertake the installation, service, or monitoring, of alarm systems for the public for any type of compensation.

   "(3) BURGLAR ALARM. An assembly of equipment and devices, or a single device such as a solid-state unit which plugs directly into an AC line, designed to detect an unauthorized intrusion or an attempted robbery at a protected premises or signal public police or private guards to respond, or both.

   " [A] (4) CENTRAL STATION. A LOCATION WHERE ALARM SIGNALS ARE RECEIVED AS A PART OF AN ALARM SYSTEM AND THEN RELAYED VIA OPERATOR TO LAW ENFORCEMENT OFFICIALS.
   " [A] (5) CLOSED CIRCUIT TELEVISION SYSTEM (CCTV). A COMBINATION OF ELECTRONIC EQUIPMENT AND DEVICES DESIGNED AND ARRANGED FOR THE VIEWING, MONITORING, OR RECORDING OF VIDEO SIGNALS TRANSMITTED FROM TRANSMITTERS SUCH AS CAMERAS TO RECEIVERS SUCH AS MONITORS, DIGITAL VIDEO RECORDERS, AND NETWORK VIDEO RECORDERS (NVR) THROUGH A CLOSED CABLE OR OTHER VIDEO SIGNAL TRANSMISSION METHOD.
   " [A] (6) ELECTRONIC ACCESS CONTROL SYSTEM. A SYSTEM THAT IS POWERED BY THE BUILDING'S PRIMARY POWER SOURCE AND IS USED AS A PROCESS TO GRANT OR DENY AN INDIVIDUAL ACCESS TO A SPECIFIC AREA OR OBJECT BASED UPON HIS OR HER POSSESSION OF AN ITEM, A CODE, OR PHYSICAL CHARACTERISTIC.

   " [D] (4) (7) the extension, modification, or alteration of equipment after initial placement.

   " [D] (5) (8) to undertake, represents itself as being able to undertake, or does undertake the installation or service of locks for residential or commercial use.

   " [D] (6) (9) system to operational condition.

   Section 34-1A-4.

   "(a) The board shall promulgate regulations and standards for the training and licensing of [A] LOCKSMITHS AND examine and license and [D] may SHALL FOR THE PURPOSE this business LICENSEES UNDER THIS CHAPTER BASED ON THE WORK PERFORMED. LICENSEES SHALL BE CLASSIFIED AS EITHER A LOCKSMITH OR AN ALARM SYSTEM INSTALLER. CLASSIFICATION OF ALARM SYSTEM INSTALLERS SHALL BE FURTHER CLASSIFIED BASED ON LICENSEES WHO PERFORM WORK RELATED TO BURGLAR ALARMS, ELECTRONIC ACCESS CONTROL SYSTEMS, CLOSED CIRCUIT TELEVISION SYSTEMS, OR CENTRAL STATIONS. LICENSEES SHALL BE LICENSED IN AN APPROPRIATE CLASSIFICATION IN ORDER TO PERFORM WORK IN EACH RESPECTIVE CLASSIFICATION


   "(b) The board shall, after a public hearing and consultation with persons who are knowledgeable regarding the business and pursuant to the Alabama Administrative Procedure Act, establish by board rules or regulations competency standards and any changes of the standards.

   "(c) The board may evaluate the competency of applicants for licenses. The board may either develop and administer an examination to evaluate competency, or rely on an examination developed and administered by a national or regional professional association.

   Section 34-1A-6.

   "The licensing and regulatory provision of this chapter shall not apply to any of the following persons, entities, or activities:

   "(1) A person or business entity which only sells alarm systems at the premises of a customer, but does not enter the premises of the customer or install, service, monitor, or respond to the alarm system at the premises of the customer.

   "(2) The installation, servicing, monitoring, or responding to an alarm device which is installed in a motor vehicle, aircraft, or boat.

   "(3) The installation of an alarm system on property owned by or leased to the installer.

   "(4) A person or business entity who owns, installs, or monitors alarm systems, on his or her own property or, if he or she does not charge for the system or its installation, installs it for the protection of his or her personal property located on the property of another, and does not install or monitor the system as a normal business practice on the property of another.

   "(5) A person or business entity whose sale of an alarm system is exclusively over-the-counter or by mail order.

   "(6) A person or business entity in the business of building construction that installs electrical wiring and devices that may include in part the installation of an alarm system if both of the following apply:

   "a. The person or business entity is a party to a contract that provides that the installation shall be performed under the direct supervision of, inspected, and certified by a person or business entity licensed to install an alarm system and that the licensee assumes full responsibility for the installation and service of the alarm system.

   "b. The person or business entity does not service, monitor, or maintain the alarm system.

   "(7) The response to an alarm system by a law enforcement agency or by a law enforcement officer acting in an official capacity.

   "(8) A business that engages in the installation or operation of telecommunications facilities or equipment which are used for the transport of any signal, data, or information outside the continuous premises on which any alarm system is installed or maintained.

   "(9) Any business entity, business owner, or person, or the agent or employee of such business entity, business owner, or person engaging in the routine visual inspection or manufacturer's or installer's recommended testing of an alarm system subject to this chapter owned by the business entity, business owner, or person and installed on property under the control of the business
entity, business owner, or person.

   "(10) Any business entity, or person, or those engaged in property management, or agent or subcontractors or employees thereof, who, in the normal course of business, engage in the routine inspection, service, or replacement of such alarm systems, fire alarm or fire/smoke detection systems, fire communication systems, or security devices subject to this chapter, on or in property owned or under the control of such business entity, or person, or property manager.

   "(11) Consulting engineers who design, develop, modify, or offer other services within the scope of their profession regarding alarm systems.

   "(12) A licensed general contractor and the employees of the contractor whose activities are limited to the projects that qualify for a license by the State Licensing Board for General Contractors [D] . AND WHERE BOTH OF THE FOLLOWING OCCUR:
   " [A] A. THE INSTALLATION OF ANY ALARM SYSTEM IS PERFORMED UNDER THE DIRECT SUPERVISION OF, INSPECTED, AND CERTIFIED BY A PERSON OR BUSINESS ENTITY LICENSED TO INSTALL AN ALARM SYSTEM AND THE LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE INSTALLATION AND SERVICE OF THE ALARM SYSTEM.
   " [A] B. THE CONTRACTOR AND EMPLOYEES OF THE CONTRACTOR WILL NOT SERVICE, MONITOR, OR MAINTAIN THE ALARM SYSTEM.

   "(13) A licensed electrician, master electrician, and electrical contractor who is licensed by the city, county, or state and their employees whose activities are limited to the projects of the licensed electrician, master electrician, and electrical contractor [D] . AND WHERE BOTH OF THE FOLLOWING OCCUR:
   " [A] A. THE INSTALLATION OF ANY ALARM SYSTEM IS PERFORMED UNDER THE DIRECT SUPERVISION OF, INSPECTED, AND CERTIFIED BY A PERSON OR BUSINESS ENTITY LICENSED TO INSTALL AN ALARM SYSTEM AND THE LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE INSTALLATION AND SERVICE OF THE ALARM SYSTEM.
   " [A] B. THE ELECTRICIAN OR CONTRACTOR AND EMPLOYEES OF THE ELECTRICIAN OR CONTRACTOR WILL NOT SERVICE, MONITOR, OR MAINTAIN THE ALARM SYSTEM.

   "(14) A licensed homebuilder and the employees of the homebuilder whose activities are limited to the projects of the licensed homebuilder [D] .
AND WHERE BOTH OF THE FOLLOWING OCCUR:
   " [A] A. THE INSTALLATION OF ANY ALARM SYSTEM IS PERFORMED UNDER THE DIRECT SUPERVISION OF, INSPECTED, AND CERTIFIED BY A PERSON OR BUSINESS ENTITY LICENSED TO INSTALL AN ALARM SYSTEM AND THE LICENSEE ASSUMES FULL RESPONSIBILITY FOR THE INSTALLATION AND SERVICE OF THE ALARM SYSTEM.
   " [A] B. THE HOMEBUILDER AND EMPLOYEES OF THE HOMEBUILDER WILL NOT SERVICE,
MONITOR, OR MAINTAIN THE ALARM SYSTEM.

   Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

SPONSOR: Means

SUBJECT: SECURITY & ALARM SYSTEMS (97%); RESIDENTIAL CONSTRUCTION (93%); ELECTRICAL CONTRACTORS (92%); LEGISLATORS (81%); SHOPLIFTING (73%); LOCKSMITHS (63%); HOME SECURITY (63%); SURVEILLANCE TECHNOLOGY (62%); TELECOMMUNICATIONS EQUIPMENT (62%); TELEVISION INDUSTRY (61%);