Ala. Code § 34-1A-1

Current through the 2024 Regular Session.

Section 34-1A-1 - Definitions

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

(1) ADMINISTRATIVE EMPLOYEE. An individual who engages in clerical duties for a licensed company, whose work is restricted to office duties, and who has access to sensitive client information including, but not limited to, Social Security numbers, customer privacy codes, customer passwords, and similar information.

(2) ADMINISTRATIVE FINE. A monetary fine assessed by the board for unlicensed activity or by an individual, company, corporation, firm, or business entity.

(3) ALARM MONITORING COMPANY. Any individual, company, corporation, partnership, or business, or a representative or agency thereof, authorized to provide alarm monitoring services for alarm systems or other similar electronic security systems whether the systems are maintained on commercial business property, public property, or individual residential property.

(4) ALARM SYSTEM. Burglar alarms, security cameras, or other electrical or electronic device used to prevent or detect burglary, theft, shoplifting, pilferage, and other similar losses. The term does not include any fire detection, fire alarm, or fire communication system.

(5) ALARM VERIFICATION. A reasonable attempt by an alarm monitoring company to contact the alarm site or alarm user by telephone or other electronic means to determine whether an alarm signal is valid prior to requesting law enforcement to be dispatched to the location and, if the initial attempted contact is not made, a second reasonable attempt to make a contact utilizing a different telephone number or electronic address or number.

(6) 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.

(7) 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.

(8) ELECTRONIC ACCESS CONTROL SYSTEM. A system that 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.

(9) HVAC SYSTEM. Heating, ventilation, or air conditioning devices or mechanisms to provide heating or cooling to a building or other structure or the devices used to control the temperature of the heating or cooling devices in a building or other structure.

(10) INSTALLATION. The initial placement of equipment or the extension, modification, or alteration of equipment after initial placement.

(11) LOCKSMITH.

a. An individual or business entity in a commercial, residential, or automotive setting that does any of the following for compensation or other consideration:

1. Repairs locks.

2. Rebuilds locks.

3. Rekeys locks.

4. Services locks.

5. Adjusts locks.

6. Installs locks or mechanical locking devices.

7. Installs or services egress controls devices.

8. Installs or services vaults and safety deposit boxes, including those services performed by safe technicians.

9. Creates or copies transponder keys and any other automotive keys and electronic operating devices connected to motor vehicles.

10. Creates or copies key fobs, proximity keys, smart keys, door and ignition key devices, or successive electronic or other high security key technology.

11. Uses any other method of bypassing a locking mechanism of any kind including, but not limited to, shimming a lock or picking and popping a lock.

b. The term does not include any of the following:

1. An individual whose activities are limited to making a duplicate key of an existing key.

2. An individual or business entity that does not advertise providing locksmith services to the public.

3. An individual or business entity that is licensed by the board on July 1, 2018, to install or service electronic access control systems, provided any lock being serviced or installed has electronic access control capabilities.

4. Police, fire, medical, or other government or emergency personnel performing activities within the scope of their official duties.

5. An individual operating a licensed towing and recovery service who does not advertise services as a locksmith or otherwise perform locksmith services.

6. An individual or business entity who owns or manages property, or his or her agent, and who does not advertise services as a locksmith to the public.

(12) MONITORING STATION. A location where alarm signals are received as a part of an alarm system and then relayed via operator to law enforcement officials.

(13) QUALIFYING AGENT. A licensee of the board who serves in a management and supervisory position with a company.

(14) SALESPERSON. An individual who, for financial compensation or in exchange for a thing of value, sells goods or services to the public on behalf of any company, business, or other entity that sells, services, or installs alarm systems, CCTV systems, electronic access control systems, or mechanical locks.

(15) SERVICE. Necessary repair in order to return the system to operational condition.

(16) SYSTEM INSTALLER. An individual 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, CCTV systems, electronic access control systems, or mechanical locking systems for the public for any type of compensation or in exchange for a thing of value.

Ala. Code § 34-1A-1 (1975)

Amended by Act 2023-278,§ 1, eff. 8/1/2023.

Amended by Act 2018-548,§ 1, eff. 7/1/2018.

Amended by Act 2014-160,§ 1, eff. 6/1/2014.

Amended by Act 2013-221,§ 1, eff. 8/1/2013.

Acts 1997, No. 97-711, p. 1465, §1; Act 2004-103, p. 137, §3; Act 2006-541, p. 1250, §1; Act 2010-399, p. 655, § 1.

This chapter is subject to a sunset provision, and has been continued until 10/1/2028. See Act 2024-151,§ 2.

This chapter is subject to a sunset provision, and has been continued until 10/1/2024. See Act 2020-43,§ 1.

This chapter is subject to a sunset provision, and has been continued until 10/1/2020. See Act 2016-37,§ 1.

See Act 2012-177, § 2.