Section 0090-01-.03 - RESTRICTIONS AND EXCLUSIONS(1) As used in these rules, the prohibited activities as set forth in T.C.A. § 62-32-304, paragraphs (a) through (k), and exclusions as set forth in T.C.A. § 62-32-305, paragraphs (1) through (11) are applicable.(2) Mechanical locks without electrical components and electro-mechanical locking devices securing a single entry point, which are not part of either an integrated system involving multiple access points or other alarm systems shall not be considered an "alarm system" as defined in T.C.A. § 62-32-303 paragraph (1).(3) A contractor qualifying for the exclusion under T.C.A. § 62-32-305(7) who intends to engage in the business of an alarm systems contractor shall file with the Commissioner: (a) A notarized statement to the effect that the contractor derives less than fifty percent (50%) of its gross annual revenue from such business;(b) A photocopy of the contractor's license; and(c) Proof that the contractor holds a license issued by the Tennessee Board for Licensing Contractors as a Mechanical (MC), HVAC (HVAC), or Electrical Contractor (E and E-B), or another mechanical, electrical, or HVAC license issued by the Tennessee Board for Licensing Contractors that, in the discretion of the Commissioner, demonstrates sufficient knowledge and ability to qualify to perform work as an alarm systems contractor.(4) Motor vehicle alarm systems are not subject to regulation under T.C.A., Title 62, Chapter 32, or these rules.(5) A licensed private investigator or investigations company may sell a closed circuit television system to a client without obtaining a certification from the Commissioner only under the following circumstances: (a) The system was initially installed for a client on a temporary basis to aid in an investigation that was being performed by the licensed private investigator or investigations company; and(b) The client subsequently made a request to purchase the system.(6) A unitized or self-contained alarm device with a single function (e.g. smoke or intrusion detector) that requires no wiring to install, that is not interconnected or linked to other alarm devices, and that does not send a signal outside the protected premises by means of buzzers, bells, sirens or remote communication shall not be considered an alarm system as defined in T.C.A. § 62-32-303(1).(7) An employee of a contract security company, licensed under T.C.A. § 62-35-102, who holds active security guard registration, may also act as an alarm runner, and is not subject to regulation under T.C.A., Title 62, Chapter 32, or these rules.(8) Telemarketers who do not have access to confidential information regarding an existing or proposed alarm system are not subject to regulation under T.C.A., Title 62, Chapter 32, or these rules.(9) Manually activated fire suppression (extinguishing) systems and fire suppression systems not connected to a fire alarm system are not alarm systems as defined by T.C.A. § 62-32-303(1)(A). Fire alarm systems that activate fire suppression systems are considered alarm systems as defined by T.C.A. § 62-32-303(1)(A).(10) The manufacture and sale of mobile homes containing alarm systems do not require certification under the Alarm Contractors Licensing Act of 1991. The servicing and monitoring of such systems do require certification.(11) Non-profit organizations may furnish and/or install single station smoke detectors, which are not part of an alarm system, in a residential occupancy without obtaining a certification from the Commissioner.(12) For purposes of T.C.A. § 62-32-305(13), an affiliate of a hospital shall include, but is not limited to, nursing home facilities, mental health care facilities, home health care agencies, home care agencies, and any other governmental health agency. The Tennessee Home and Community Based Services Waiver Program shall be considered an affiliate of a hospital. Companies or organizations which offer medical monitoring services shall be exempt from licensure under this chapter only if such services are made available by a hospital or an affiliate of a hospital.(13) A certified alarm systems contractor possessing a classification to engage in one type of alarm system activity (e.g., fire or burglar) may engage in installations outside of the designated classification without obtaining an additional classification provided that such work is minor, incidental, and/or supplemental to the performance of work in the classification possessed by the certified alarm systems contractor. The submission of bids outside of an alarm systems contractor's certified classification shall not be deemed minor, incidental, and/or supplemental to the performance of work in the classification possessed by the certified alarm systems contractor.(14) A company installing, servicing, maintaining, and/or monitoring its own burglar and/or fire alarm system(s) on the premises of the company shall not be required to be certified by the Commissioner, so long as the following conditions are satisfied: (a) The alarm system(s) shall be the exclusive property of, or leased by, the company;(b) The alarm system(s) shall be designed to protect only premises owned or leased by the company;(c) Personnel engaging in the installation, servicing, maintenance, and/or monitoring of the alarm system(s) shall be employees of the company; and(d) If the company is engaged in the monitoring of its own alarm system(s), such monitoring shall be performed by the company's own employees upon the premises.(15) For purposes of T.C.A. § 62-32-303(2), the term "alarm systems contractor" shall not include individuals or entities who own contracts or lease documents relative to alarm equipment, installation, and/or monitoring and whose activities are limited as follows: (a) The individual or entity does not actually sell, install, service, or monitor alarm systems; however, they may enter into subcontracts with Tennessee licensed alarm systems contractors for the provision of equipment servicing and/or monitoring services; and(b) The individual or entity, its officers, employees, and/or agents do not have access to sensitive information relative to the system or the system user unless such officer, employee, and/or agent shall have undergone a criminal background check satisfactory to the Commissioner.(16) Red light violation monitoring systems are not alarm systems as defined in T.C.A. § 62-32-303(1).Tenn. Comp. R. & Regs. 0090-01-.03
Original rule filed January 14, 1993; effective February 28, 1993. Amendment filed October 17, 1994; effective December 30, 1994. Amendment filed May 24, 1996; effective August 4, 1996. Amendments filed May 26, 2009; effective August 9, 2009. Amendments filed March 30, 2012; effective June 28, 2012. Amendments filed March 22, 2023; effective 6/20/2023.Authority: T.C.A. §§ 62-32-303, 62-32-304, 62-32-305, and 62-32-307.