2023 Tennessee Code › Title 62 - PROFESSIONS, BUSINESSES AND TRADES (§§ 62-1-101 — 62-76-203) › Chapter 32 - FIRE PROTECTION AND ALARM SYSTEMS (§§ 62-32-101 — 62-32-325) › Part 3 - ALARM CONTRACTORS LICENSING ACT OF 1991 (§§ 62-32-301 — 62-32-325) › Section 62-32-321 - Counties and municipalities

(a)
Counties and municipalities are prohibited from offering services as alarm systems contractors to the general public except as follows:
(1)
Counties and municipalities may provide those services that would normally be provided by an alarm systems contractor for facilities that are wholly owned and occupied by that county or municipality; and
(2)
(A)
Counties and municipalities may provide monitoring or response services, or both, to alarm systems when deemed in the best public interest; provided, that:
(i)
No charge is made by the county or municipality for the service unless the county or municipality was charging for the service on or before July 1, 1991;
(ii)
Use of local governmental services shall not be mandatory; and
(iii)
Response by local law enforcement, firefighters or other emergency personnel may not be conditional upon use of the services;
(B)
Notwithstanding any language of subdivision (a)(2)(A)(i) to the contrary, no county or municipality shall impose or collect any charge for responding to a false alarm occasioned exclusively by a violent act of nature.
(b)
No county or municipality shall enact any legislation or promulgate any rules or regulations relating to the licensing of alarm businesses or alarm systems contractors required to be licensed under this part.
(c)
On July 1, 1993, any provision of any legislation or rules or regulations of any county or municipality requiring the certifying or licensing of an alarm business or its employees shall be superseded by this part and no longer be effective.
(d)
This part is not, however, intended to and does not prevent the legally constituted authority of any county or municipality by legislation, rules or regulations, and within the police power of the county or municipality, from requiring alarm businesses or alarm agents to register their names, addresses and license certificate numbers with the county or municipality within which they operate. The county or municipality may also require that alarm businesses give reasonable notice of termination of licenses or agents. No fee may be charged nor may any application be required by any county or municipality for the registration.
(e)
(1)
Nothing in this part shall be construed to prohibit counties or municipalities from enacting and imposing penalties for false alarms; provided, that the penalties shall not exceed fifty dollars ($50.00) for each false alarm.
(2)
Notwithstanding subdivision (e)(1) or a charter, ordinance, or resolution to the contrary, a county or municipality shall not enact any legislation, ordinance, or resolution requiring an alarm systems contractor or alarm business to pay for, collect, or be responsible for fines or fees relative to false alarms, false alarm dispatches, alarm permits, or alarm renewal permits.
(f)
Notwithstanding a charter, ordinance, or resolution to the contrary, a county or municipality shall not require an alarm systems contractor or alarm business to acquire or pay for a permit or renewal permit to operate an alarm system at an alarm site that is owned or leased by a customer of the contractor or business. However, this subsection (f) does not apply to an installation permit required by code.
(g)
Notwithstanding subdivision (e)(2) and subsection (f), an alarm systems contractor or alarm business:
(1)
Shall collect monies until December 31, 2019, from a customer of the contractor or business to pay for an annual alarm permit fee imposed on the customer by the county or municipality pursuant to this section if the contractor or business was collecting that fee prior to May 8, 2019; and
(2)
May, in the sole discretion of the contractor or business, collect monies from a customer of the contractor or business to pay for an annual alarm permit fee imposed on the customer by the county or municipality pursuant to this section if the customer agrees to such collection by the contractor or business.
(h)
A contractor or business that collects monies pursuant to subsection (g):
(1)
Shall pay the collected monies to the applicable county or municipality in accordance with the deadline established by the applicable county or municipality for the payment of the collected monies;
(2)
May stop the collection of monies pursuant to subdivision (g)(2) at any time in the sole discretion of the contractor or business; and
(3)
Is not subject to an audit by the county or municipality relative to the collection of monies pursuant to subsection (g).
(i)
(1)
Notwithstanding another law, a municipality or county shall not adopt or enforce an ordinance, order, or regulation that:
(A)
Requires a permit or fee for the installation or use of a battery-charged security fence that is in addition to an alarm system permit issued by the municipality or county;
(B)
Imposes installation or operational requirements for a battery-charged security fence that are inconsistent with the requirements provided in §
62-32-303
; or
(C)
Prohibits the installation or use of a battery-charged security fence.
(2)
Subdivision (i)(1) does not prohibit a municipality or county from adopting or enforcing an ordinance, order, or regulation that imposes requirements on a non-electric perimeter fence or wall that are unrelated to the installation or use of a battery-charged security fence, as permitted by law.
Amended by 2023 Tenn. Acts, ch. 436, s 2, eff. 5/11/2023.
Amended by 2019 Tenn. Acts, ch. 315, Secs.s 1, s 2 eff. 5/8/2019.
Amended by 2013 Tenn. Acts, ch. 191, s 1, eff. 4/23/2013.
Acts 1991, ch. 400, § 21; 1992, ch. 977, § 3; 1992, ch. 993, §§ 1-3.