Proposed Rule


Sections 195.1, 195.2, 195.8, 195.11 and 195.15 are amended to read as follows:

195.1 Definitions
(a) Security or fire alarm system (alarm system). An aggregation of devices, equipment or services designed to signal the presence of intrusion, break-in, theft, movement, sound, fire, heat, smoke, explosion, etc. Such devices or equipment include, but are not limited to: signal initiating devices, signal transmitting devices, signal indicating devices or notification appliance. Not included herein are [conduits for these systems and] direct line voltage connections to an outlet, junction box, or power panel.
(b) Central station. An off premises monitoring facility with special receiving equipment, in communication with the transmission equipment for a subscriber's protected premises. The transmission equipment for the subscriber's protected premises may be owned by the central station, the subscriber or any other person. Personnel are generally in attendance on a continuous basis to observe, record and dispatch personnel to investigate various alarms or trouble signals. They may report alarm signals to police, fire or other agencies. Central stations may also provide response services to a protected premises with security personnel or with technicians to check and service the system.
(c) Installation of an alarm system includes, but is not limited to, the placing and connection of equipment and devices such as, control panels, batteries, smoke or heat detectors (excluding single station battery operated smoke [detectors]alarms), motion detectors, switches, annunciators, sensors, sirens, horns, bells, networks, microprocessors (controls, logic key pads), other communication equipment and similar devices. Installation also includes programming the client's control panel to include but not limited to programming or reprogramming for access codes, system protocol, bypass features, and hours of operation.
(d) Maintaining an alarm system includes, but is not limited to, the inspection of a device, component or system for the purpose of detecting and preventing problems with equipment and devices, such as, control panels, batteries, smoke or heat detectors, motion detectors, switches, annunciators, sensors, sirens, horns, bells, networks, microprocessors (controls, logic key pads), other communication equipment and similar devices. Maintenance shall also include testing of alarm components, devices or systems for the purpose of establishing proper operating conditions. Maintaining an alarm system also includes inspection, testing, programming or reprogramming of the client's control panel to include but not limited to testing, programming or reprogramming for access codes, system protocol, bypass features, and hours of operation.
(e) Servicing an alarm system includes, but is not limited to, the repair, troubleshooting, or replacement of malfunctioning, failed or damaged equipment such as batteries, smoke or heat detectors, motion detectors, switches, annunciators, sensors, sirens, horns, bells, networks, microprocessors (controls, logic key pads), other communication equipment and similar devices. Servicing an alarm system also includes testing, repair, troubleshooting, replacement, programming or reprogramming of the client's control panel to include but not limited to testing, repair, troubleshooting, replacement, and programming or reprogramming of access codes, system protocol, bypass features, and hours of operation.
(f) Assisting a licensed security or fire alarm system installer includes on-site and off-site participation in the installation, maintenance or servicing of a security or fire alarm system. Assisting also includes having access to or knowledge of the on-line or off-line condition of a security or fire alarm system installed, serviced or maintained by a licensed security or fire alarm systems installer. Assisting also includes having access to or knowledge of the access codes, system protocols, bypass features or hours of operation of a security or fire alarm system installed, serviced or maintained by a licensed security or fire alarm systems installer.
(g) Network- A network, also referred to as a computer network, consists of two or more devices that are linked together through various means (i.e., ethernet, wifi, serial bus, etc.) so that they can communicate with each other and thereby exchange commands and share data that may operate hardware and utilize other resources for the operation of a security, video, access and alarm detection and/or notification system.
(h) Qualifying officer.  A qualifying officer is the individual designated, pursuant to general business law section 69-q(3)(a),  to represent the limited liability company or corporation that is  licensed to engage in the business of installing, servicing or maintaining security or fire alarm systems under article 6-D of the general business law.  Such businesses are operated under the direction and control of the qualifying officer, who shall be required to meet the licensing requirements of the statute.

§195.2 Need for license
(a) An individual, firm, company partnership or corporation must be licensed:
(1) if it installs, maintains or services alarm systems, including such items as the detectors, control devices and alarm communication systems, conduits and associated wires of an alarm system; or
(2) if it holds itself out to the public as being able to do so. This shall include, but not be limited to, selling alarm systems to consumers when the installation, maintenance or servicing of the alarm system will be subcontracted to or otherwise performed by another;
(b) A security and fire alarm installers license is required for the installation, maintenance or servicing of the following:
(1) a closed circuit television system (CCTV), or video surveillance system,  if such system is used, either full-time or part- time, for the detection or monitoring of intrusion, break-in, theft, movement, sound or fire; and
(2) electrical entry systems which detect and/or provide notification of intrusion, break-in, theft, movement, sound or fire regardless of the number of entry points.
(c) A license is not required for the installation, maintenance or servicing of the following:
(1) sprinkler systems;
(2) [conduits and associated wires of an alarm system, including] line-voltage connections to an outlet, junction box, or electrical distribution panel;
(3) security or fire alarm systems in motor vehicles, water vessels or aircraft;
(4) single station battery-operated smoke alarm [detection] devices; and
(5) a security or fire alarm system if the alarm system has been purchased by a property owner or proprietor, and the alarm system is to be installed, maintained or serviced by him or his employees on his property or at his place of business; and
(6) a single-door, card-access entry system that does not detect and/or provide notification of intrusion, break-in, theft, movement, sound, or fire.
(d) Employees of a licensed security and fire alarm installer do not have to be licensed to assist with the installation, maintenance or servicing of security or fire alarm systems if they have been issued identification cards in the form prescribed by the Secretary of State.
(e) Master electricians.
(1) A master electrician must be licensed as a security and fire alarm installer to install, maintain or service a security or fire alarm system in any municipality where he or she is not licensed as a master electrician. (2) A master electrician does not need to be licensed as a security and fire alarm installer but must be registered with the Secretary of State to install, maintain or service a security or fire alarm systems in a municipality where he or she is licensed as a master electrician.

§195.8 Fingerprinting
(a) Qualifying Licensee(s). Applicants for a business of installing, maintaining or servicing security or fire alarm systems license [can] shall be fingerprinted as prescribed by the Division of Criminal Justice Services [by employees of the Department of State, Division of Licensing Services at designated locations and at appointed times.
(1) The fingerprints of any applicant for licensure may also be taken and recorded by local and State Police, or sheriffs and chiefs of police.
(2) Each fingerprint card must be signed and authenticated by the official who took the fingerprints, with his/her title of office.]
(b) Any employee who assists with the installation, maintenance or service of security or fire alarm systems must be fingerprinted, and the employer must submit [the fingerprint cards an]  employee statement of the person hired with a fingerprint receipt provided by the agent designated by the Division of Criminal Justice Services to take fingerprints to the Division of Licensing [s]Services within 24 hours of such employment.
(c) Further requirements. [All fingerprinting must be performed at the office of the licensee by the person who qualifies as the licensee or by a designated person who is employed by the entity and who has been previously fingerprinted.
(1) The designation of such person(s) to take fingerprints must be made in writing by the qualifying licensee and filed with the Albany Office of the Division of Licensing Services, Department of State.
(2) The form of certification on the fingerprint pattern card as to the taking of the fingerprints of an employee shall be signed by the person authorized to take such fingerprints as provided by this section and shall not be signed by any other person.
(3) One set of fingerprint cards must be retained by the employer and attached to the front of the employee statement of each person hired] (1) The employer shall retain a copy of the fingerprint receipt provided by the agent designated by the Division of Criminal Justice Services to take fingerprints and shall attach said copy to the front of the employee statement of the person hired.
[(4) Along with the employee statement and fingerprint card, a copy of the fingerprint transmittal form which accompanies the fingerprint card must be attached to each employee personnel folder.
(5)] (2) Individuals possessing a current security guard registration [need only] must complete an employee statement to be retained in the employee's personnel folder [, in lieu of fingerprinting].
[(6)] (3) Fingerprinting procedures for all employees classified as "security guards" must be performed in accordance with regulations stipulated in General Business Law, article 7-A (Security Guard Law).

§195.11 I.D. cards
(a) [Employee] [i] Identification cards issued by licensee. Each employee of a business which is licensed to install, maintain or service security or fire alarm systems shall be issued a company identification card as described herein.
(1) The form of the [employee] identification card shall be as follows:
(i) The identification card shall be approximately 3 3/8" x 2 1/8 ".
(ii) On the identification card, the employer shall place a current color photograph of the employee's head and neck. The photograph shall be approximately 1" x 1¼" in size. The photograph shall, at all times, be a true likeness of the employee's actual appearance.
(iii) Employee identification cards shall be constructed of a solid, durable material such as plastic, for example, or be laminated with a clear, durable laminate.
(iv) The following information must appear on one side of the identification card:
(a) The following informational statement:
"Employee of
(Licensee's Business Name)
(Licensee's Area Code and Telephone Number)
[(Licensee's Unique License Identification Number)"];
(b) the employee's name;
(c) the following statement:
[“This business is licensed by the New York State Department of State to install, service and maintain security or fire alarm systems. For information, call (518) 474-4429."]
Licensed by the NYS Department of State
(Employment Identification Number)
Call 518-474-4429 for Information; and
(d) the employee's photograph.
(v) Identification cards must have the required information and photograph. However, employers may arrange the information and photograph to suit their own needs or preferences.
(vi) Employers may include additional information on their employee identification cards.
(2) Termination of Employment. Upon termination of employment, each employee of a business licensed to install, maintain or service security or fire alarm systems shall surrender his/her identification card within [five] one business day[s] to the employer. The identification card of the terminated employee shall be placed in the individual's personnel file.
(3)  The identification card required by this section  shall be provided to each employee hired after the effective date of this rule’s 2014 amendment. 

§195.15 Employee statements
(a) Each business licensed to install, maintain or service security or fire alarm systems shall obtain a complete employee statement from each employee at the time of hiring.
(b) The employee statement shall be a form prescribed by the Department of State, and shall set forth, whether or not the employee has ever been convicted of an offense (other than a minor motor vehicle offense); and at least the following information:
(1) employee's full name and residence address;
(2) the business or occupation engaged in for the three years immediately preceding the date of the filing of this statement, setting forth the place or places where such business or occupation was engaged in and the name or names of employers, if any;
(3) that he/she has not been convicted of a felony involving fraud, bribery, perjury or theft or any other misdemeanors or offenses indicated in §69-o(2) of this article;
(4) such further information as the Department of State may by rule require to show the good character, competency and integrity of the person executing the statement.
(c) Immediately upon the verification of an employee's statement, the holder of a license by whom such person has been or is to be employed shall cause [two sets of] fingerprints of the two hands of such person to be recorded in such manner as the Department of State may by rule prescribe. The holder to a license shall immediately stamp in indelible ink the employee's statement [and each set of fingerprints] with the name, year and license number of such holder and a number, which number shall be determined by the number of such statements furnished to such holder and shall be in numerical sequence.
(d) The holder of a license shall affix one [set] copy of such fingerprint[s] receipt to the employee's statement in such manner that the [prints]copy can be examined without disclosing the contents of the employee's statement and shall retain such statement and [prints] copy of fingerprint receipt so long as he/she shall be licensed under this article by the Department of State.
(e) The holder of a license shall file the [other set of fingerprints] original fingerprint receipt with the Department of State by forwarding the same by registered mail to the office of the Division of Licensing Services,[84 Holland Avenue,] P.O. Box 22001, Albany, NY [12204]12201-2001, in accordance with the schedule stipulated in §195.8 of this Part.