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 62-32-303 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Alarm system" means any electrical device, signaling device, or combination of those devices used to signal or detect a burglary, fire, robbery, or medical emergency;
(2)
"Alarm systems contractor" means any person, firm, association or corporation that sells or attempts to sell, installs, services or monitors alarm systems, signal devices, fire alarms, burglar alarms, television cameras or still cameras used to detect fire, burglary, breaking or entering, intrusion, shoplifting, pilferage or theft;
(3)
"Alarm verification" means an attempt by a monitoring company or its representative to contact a burglar alarm location or a burglar alarm user by telephone or other electronic means to determine whether a burglar alarm signal is valid in an attempt to avoid unnecessary police response before requesting law enforcement to be dispatched to the location. Alarm verification further means that at least a second call shall be made to a different number if the first attempt fails to reach an alarm user;
(4)
"Battery-charged security fence":
(A)
Means an alarm system, and ancillary components or equipment attached to such system, that:
(i)
Interfaces with a monitored alarm system in a manner that enables the alarm system to transmit a signal intended to notify the entity responsible for monitoring the alarm system or summon law enforcement in response to an intrusion or burglary;
(ii)
Is located on property that is not designated by a municipality or county exclusively for residential use;
(iii)
Has an energizer that:
(a)
Is powered by a commercial storage battery that is not more than twelve (12) volts of direct current; and
(b)
Meets the standards set forth by the most recent version of the International Electrotechnical Commission Standard 60335-2-76, or its successor standard;
(iv)
Is completely surrounded by a non-electric perimeter fence or wall that is not less than five feet (5') in height;
(v)
Does not exceed ten feet (10') in height, or two feet (2') higher than the non-electric perimeter fence or wall described in subdivision (4)(A)(iv), whichever is higher; and
(vi)
Is marked with conspicuous warning signs that are located on the battery-charged fence at intervals of no more than thirty feet (30') and that read: "WARNING - ELECTRIC FENCE"; and
(B)
Includes, but is not limited to, a fence, a battery-operated energizer intended to periodically deliver voltage impulses to the connected fence, and a battery-charging device used exclusively to charge the battery for the energizer;
(5)
"Burglar alarm system" means an alarm or monitoring system that has the primary function of detecting or responding to emergencies other than fire;
(6)
"Business entity" means each location from which alarm systems are sold, installed or serviced;
(7)
"Certification" means the authority granted by the commissioner to do business as an alarm systems contractor;
(8)
"Commissioner" means the commissioner of commerce and insurance;
(9)
"Fire alarm system" means an alarm or monitoring system that is intended to respond to or detect fire, heat, smoke or other byproducts of combustion;
(10)
(A)
"Good moral character" means an individual with high legal, moral and ethical values;
(B)
(i)
The following shall be prima facie evidence that an individual does not have good moral character:
(a)
Conviction by any local, state, federal or military court of any crime involving the illegal use, possession, sale, manufacture, distribution or transportation of a controlled substance, controlled substance analogue, drug or narcotic;
(b)
Conviction of a crime involving felonious assault;
(c)
Conviction of a crime involving unlawful breaking or entering, burglary, larceny or arson;
(d)
Conviction as an habitual criminal; or
(e)
An addiction to alcohol or a narcotic drug;
(ii)
For purposes of subdivision (10)(B)(i), "conviction" means and includes the entry of a plea of guilty, plea of no contest or a verdict rendered in open court by a judge or jury;
(11)
"Installation" means the installation, maintenance, service and repair of alarm systems;
(12)
"Monitoring" means any off-site central monitoring station or location that receives electronic burglar alarm, closed circuit television or fire alarm signals from multiple locations and notifies or dispatches, or both, other persons to emergency burglaries, hold ups, thefts, vandalism, civil unrest, personal emergencies or fire alarm conditions; and
(13)
"Qualifying agent" means any individual licensed by the commissioner whose qualifications have been demonstrated to the commissioner for overseeing and supervising alarm systems contractor operations of any classification or combination of classifications.
Amended by 2023 Tenn. Acts, ch. 436, s 1, eff. 5/11/2023.
Amended by 2021 Tenn. Acts, ch. 294, s 21, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 294, s 20, eff. 7/1/2021.
Acts 1991, ch. 400, § 3; 1993, ch. 429, § 6; 1996, ch. 848, §§ 1, 2; 2007 , ch. 160, § 1; 2012 , ch. 848, § 63.