Alabama Administrative Code › Title 304 - ALABAMA ELECTRONIC SECURITY BOARD OF LICENSURE › Chapter 304-X-1 - INITIAL RULES › Section 304-X-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Administrative Employee: A person 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 Fee: A fee is charged to
			 first time applicants, or those reapplying as first-time applicants, or to
			 licensees who wish to have a change of address or name, to cover the expenses
			 of setting up applicants' data files.
(3) Administrative Management: Pertains to
			 those individuals who may be an owner or in a management, administrative or
			 clerical position who has access to personal and confidential records of
			 clients and who shall register with the Board as Administrative. An individual
			 who registers as Administrative shall not have direct contact with customers
			 daily, may not enter client homes or businesses, must pass a criminal
			 background check, and shall not be issued an AESBL ID card.
(4) Alarm Monitoring Company: Any person,
			 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.
(5) 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.
(6) 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.
(7) Arrest: Seized by legal authority and
			 taken into custody. This includes, but is not limited to, being placed in
			 handcuffs, being fingerprinted by a legal authority, and having a mugshot taken
			 to a processing facility. Even arrests that do not result in conviction are
			 subject to this definition.
(8)
			 Branch Office: An office established or maintained at some place other than the
			 principal place of business as shown in the Board of Licensure records and is
			 identified to the public at a place from which business of planning,
			 installation, inspecting, repairing, and servicing alarm systems or locks used
			 to protect against or detect burglary, theft, shoplifting, pilferage, or other
			 losses is conducted on a regular basis.
(9) Branch Office License: A license granted
			 by the Board of Licensure entitling a person to operate as a security service
			 contractor of an alarm systems company or a locksmith company at a location
			 other than the principal place of business shown in the Board of Licensure
			 records.
(10) Burglar Alarm (B): 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.
(11) Certified Proctor: A proctor who
			 supervises an exam within their discipline and has been previously approved as
			 a proctor by the AESBI.
(12) 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.
(13) Closed Circuit Television System (CCTV)
			 Waiver: An educational waiver granted to a designated Qualifying Agent for a
			 licensed company in lieu of a CCTV certification held by that person. Approval
			 of the waiver is based on company criteria and does not transfer with the
			 Qualifying Agent should that employee cease employment with his or her current
			 company or seek dual employment with another licensed company.
(14) Consumer Report: Any written, oral or
			 other communication of any information by a Consumer Reporting Agency bearing
			 on a consumer's credit worthiness, credit standing, credit capacity, character,
			 general reputation, personal characteristics, or mode of living which is used
			 or expected to be used or collected in whole or in part for the purpose of
			 serving as a factor in establishing the consumer's eligibility for (a) credit
			 or insurance to be used primarily for personal, family, or household purposes,
			 (b) employment purposes, or (c) any other purpose authorized under FCRA Section
			 604,   15 U.S.C. § 168lb.
(15)
			 Consumer Reporting Agency or CRA: Any person which, for monetary fees, dues, or
			 on a cooperative nonprofit basis, regularly engages in whole or in part the
			 practice or assembling or evaluating consumer credit information or other
			 information on consumers for the purpose of furnishing Consumer Reports to
			 third parties, and which uses any means or facility of interstate commerce for
			 the purposes of preparing or furnishing Consumer Reports.
(16) Conviction: The entry of a plea of
			 guilty, a verdict rendered in open court by a judge or jury, a plea of nolo
			 contender, a plea of nolo contendere, a no contest plea, or a best interest
			 plea that results in the imposition of a fine, prison sentence, or
			 probation.
(17) Disciplinary
			 Action: By affirmative vote of a quorum of the Board members, a disciplinary
			 action may consist of; suspension or revocation of a license, imposing a
			 sanction on a license, and/or a monetary penalty not to exceed one thousand
			 dollars ($1,000.00) per violation. A Board member shall disqualify himself or
			 herself and withdraw from any case in which he or she cannot accord fair and
			 impartial consideration.
(18)
			 Electronic Access Control System (A): 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.
(19) Helper: Person whose responsibilities
			 are limited while learning the alarm or locksmith business. An alarm Helper may
			 not work without direct, on-the-job, supervision of a licensed Qualifying Agent
			 or installer. An alarm Helper is limited to running wires during the
			 installation of an alarm system. An alarm Helper may not install keypads or
			 assign or program access codes. A locksmith Helper may not work without direct,
			 on-the-job supervision of a licensed locksmith. A locksmith Helper may not
			 change safe combinations or perform work on safe deposit boxes or vaults, nor
			 may a locksmith Helper have access to key codes or customer keying files.
			 Helpers are not subject to the educational requirement of 304-X-1-.05 of this
			 code. A Helper is required to comply with all other sections of this code. No
			 more than two (2) Helpers may be assigned to a licensed individual. Any
			 individual previously fully licensed in their field with the required training
			 cannot subsequently be licensed as a Helper. The licensing classification of
			 Helper is limited to applicants who do not possess training
			 certification.
(20) 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.
(21)
			 Identification Card: A pocket card of a size, design, and content determined by
			 the Board of Licensure.
(22)
			 Identity Theft: The crime of obtaining the personal or financial information of
			 another person to use their identify to commit fraud, such as making
			 unauthorized transactions or purchases.
(23) Installation: The initial placement of
			 equipment or the extension, modification, or alteration of equipment after
			 initial placement.
(24) License: A
			 license granted by the Board of Licensure entitling a person to operate as a
			 security services contractor; installer of burglar alarm systems (B),
			 electronic access control systems (A), and /or closed-circuit television
			 systems (S); locksmith (L); salesperson (Sales): Monitoring Station (MS);
			 helper (H); or administrative (Adm).
(25) Licensee: A person whose application has
			 been approved by the Board of Licensure to perform the duties of a Qualifying
			 Agent, burglar alarm system (B) installer, electronic access control system (A)
			 installer, closed circuit television system (S) installer, locksmith (L),
			 monitoring station operator (MS), salesperson (Sales), helper (H), or
			 administrative (Adm).
(26) Lock:
			 Mechanical or electronic device used to physically secure and control access to
			 or egress from a structure or area, or used to control the use of a device;
			 these uses include, but are not limited to, residential or commercial door
			 hardware, motor vehicle locks, safes, safe deposit boxes, vaults, or electronic
			 locking devices.
(27) Locksmith:
(a) A person 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.