24 DE Code § 1222. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 12. Security Alarm Systems and Protective Services [For Application of This Chapter, See 81 Del. Laws, C. 73, §? 7]|Subchapter II. False Alarms [For Application of This Subchapter, See 81 Del. Laws, C. 73, § ?7]|§ 1222. Definitions [For application of this section, see 81 Del. Laws, c. 73, § 7].

§ 1222. Definitions [For application of this section, see 81 Del. Laws, c. 73, § 7]. The following words and phrases, when used in this subchapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:  (1) “Alarm” means a security alarm system signal that is created by the activation of a security alarm system. (2) “Arming station” means a device that allows control of a security alarm system. (3) “Automatic voice dialer” means any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to a law-enforcement authority, public safety or emergency services agency requesting dispatch. (4) “Cancellation” means the process where response to a security alarm system dispatch request is terminated when a security alarm business for the security alarm system site notifies the responding law-enforcement agency, prior to arrival at the security alarm system site, that there is not an existing situation at the security alarm system site requiring law-enforcement authority response. (5) “Conversion” means the transaction or process by which a security alarm business begins the servicing and/or monitoring of a previously unmonitored security alarm system or a security alarm system previously serviced and/or monitored by another security alarm business. (6) “Duress alarm” means a silent security alarm system signal generated by the entry of a designated code into an arming station in order to signal that the security alarm system user is being forced to turn off the system and requires law-enforcement response. (7) “False alarm” means a security alarm system dispatch request to a law-enforcement authority, when no emergency of actual or threatened criminal activity requiring immediate response exists. This definition includes signals activated by negligence, accident, and mechanical failure; signals activated intentionally in nonemergency situations; and signals for which the actual cause is unknown. There is a rebuttable presumption that an alarm is false if personnel responding from a law-enforcement authority do not discover any evidence of unauthorized entry, criminal activity, or other emergency after following normal police procedures in investigating the incident. An alarm is not false if the security alarm system user proves that:  a. An individual activated the alarm based on a reasonable belief that an emergency or actual or threatened criminal activity requiring immediate response existed; b. The security alarm system was activated by a violent condition of nature, including but not limited to tornadoes, floods, earthquakes and lightning, or by an electrical surge that caused physical damage to the system, as evidenced by testimony of a licensed security alarm system contractor who has conducted an on-site inspection and personally observed the damage to the system; c. If the security alarm system user experienced a power outage, causing the alarm to activate upon restoration of power, as evidenced by written documentation provided by Delmarva Power or other applicable provider; or, d. Where there has been a cancellation as defined in paragraph (4) of this section. (8) “Holdup alarm” means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress. (9) “Law-enforcement authority” means any authorized representative of a law-enforcement agency. (10) “Local security alarm system” means any security alarm system, which is not monitored, that annunciates an alarm only at the security alarm system site. (11) “Monitoring” means the process by which a security alarm business receives signals from a security alarm system and relays a security alarm system dispatch request for the purpose of summoning law enforcement to the security alarm system site. (12) “Monitoring station” means an office or entity whereby a security alarm business conducts monitoring of security alarm systems for purposes of dispatch and notification. A monitoring station shall provide a toll-free, 24-hour telephone number for use by a responding law-enforcement agency. (13) “Panic alarm” means an audible security alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law-enforcement response. (14) “Person” means an individual, corporation, partnership, association, organization, or similar entity. (15) “Responder” means an individual capable of reaching the security alarm system site within 30 minutes and having access to the security alarm system site, the code to the security alarm system, and the authority to approve repairs to the security alarm system. (16) “Security alarm business” is as defined in § 1201 of this title. (17) “Security alarm system” is as defined in § 1201 of this title. (18) “Security alarm system administrator” means a person designated by the State with authority to administer, control and review false alarm reduction efforts and administer the provisions of this section. (19) “Security alarm system dispatch request” means a notification to a law-enforcement authority that a security alarm system, either manual or automatic, has been activated at a particular security alarm system site. (20) “Security alarm system registration” means authorization granted by the security alarm system administrator to a security alarm system user to operate a security alarm system. (21) “Security alarm system site” means a single fixed premises or location served by a security alarm system or systems. Each unit, if served by a separate security alarm system in a multi-unit building or complex, shall be considered a separate security alarm system site. (22) “Security alarm system user” means any person or entity, which has contracted for monitoring, repair, installation or maintenance services from a security alarm business for a security alarm system, or which owns or operates a security alarm system which is not monitored, maintained or repaired under contract. (23) “Takeover” means the transaction or process by which a security alarm system user takes over control of an existing security alarm system, which was previously controlled by another security alarm system user. (24) “Verify” means at least 2 attempts by a security alarm business, or its representative, to contact the security alarm system site and/or security alarm system user by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether a security alarm system signal is valid before requesting law-enforcement dispatch, in an attempt to avoid an unnecessary security alarm system dispatch request. (25) “Zones” means division of devices into which a security alarm system is divided to indicate the general location from which a security alarm system signal is transmitted.76 Del. Laws, c. 179, §  4;  81 Del. Laws, c. 73, §§ 2, 5, 6;