As used in this chapter:
(1) "Administrative personnel" means an individual who performs daily office functions for the management of an alarm business.
(2) "Alarm business" means an entity that is licensed by the South Carolina Contractor's Licensing Board to engage in the burglar or fire alarm system business, or both.
(3) "Alarm technician" means an individual who specializes in any activity or work related to the set up or installation, repair, alteration, or connection of an alarm system to a client's property.
(4) "Bid" means an offer to furnish labor, equipment or materials, or other services regulated by this chapter.
(5) "Board" means the South Carolina Contractor's Licensing Board.
(6) "Burglar alarm system business" means a person, firm, association, partnership, corporation, or other legal entity authorized by law and approved by the board that designs, installs, services, maintains, or alters burglar alarm systems, including burglar alarm systems with an electric fence as defined herein, and heat and smoke sensors installed within a burglar alarm system; a burglar alarm system detects intrusion, burglary, and breaking or entering but does not include home health care signaling devices.
(7) "Contractor" means an entity licensed to engage in the burglar or fire alarm system business.
(8) "Customer service personnel" means an individual working for a licensed alarm entity who provides support for customer problems, complaints, questions, and concerns involving an alarm system.
(9) "Department" means the Department of Labor, Licensing and Regulation.
(10) "Electric fence" means an electrified fence with a height not to exceed ten feet or two feet higher than the perimeter fence, whichever is higher, that is equipped with an energizer, driven by a commercial storage battery that does not exceed twelve volts DC. The electric charge produced by the fence upon contact must meet and may not exceed energizer characteristics that are tested against the International Electrotechnical Commission Standard. No electric fence shall be installed or used unless it is surrounded by a nonelectrical fence or wall that is not less than five feet high. Electric fences shall be permitted on any property that is not zoned exclusively for residential use. Electric fences shall be clearly identified with warning signs that read: "Warning-Electric Fence" at intervals of not more than sixty feet. "Electric fence" does not mean an electrified fence erected for agricultural or wildlife habitat management purposes.
(11) "Entity" means a sole proprietorship, partnership, limited liability partnership, limited liability company, association, joint venture, cooperative, corporation, or other legal entity authorized by law and approved by the board.
(12) "Fire alarm system business" means an individual, firm, association, partnership, corporation, or other legal entity authorized by law and approved by the board that designs, installs, services, maintains, or alters fire alarm systems.
(13) "Individual" means a natural person.
(14) "Installs" means activity or work which involves the set-up, installation, or connection of alarm system equipment in any manner to a client's property.
(15) "Licensee" means an alarm business that has been issued a license by the board pursuant to this chapter.
(16) "Monitoring personnel" means an individual who performs daily office functions, observing the operation and activation of alarm systems from a monitoring station.
(17) "Primary qualifying party" means a qualifying party who is an owner, partner, or officer of a burglar alarm system business, or a full-time employee holding a managerial or supervisory position within the alarm system business and who qualifies the licensee to engage in the burglar or fire alarm business and is registered as a qualifying party with the department in accordance with this chapter.
(18) "Qualifying party" means an individual, owner, partner, officer, or employee of an alarm system business who has met the necessary requirements of a qualifying party and is registered with the department in accordance with this chapter.
(19) "Registered" means an owner, partner, principle officer, qualifying party, or registered employee of an alarm business whose name and address has been listed or registered with the department as an individual who has access to a client's property or burglar alarm records that can reveal, but not be limited to, the type of burglar alarm system, burglar alarm security numbers or code, or any other information pertaining to the system that could compromise the client's burglar alarm system. This includes individuals who sell, install, or service a burglar alarm system at a client's residence and a full-time employee. Also included is a part-time employee that has access to customers' records or files.
(20) "Registered employee" means an individual of an alarm system business who has not met the requirements of a qualifying party and is employed more than thirty days in any given calendar year and is registered with the department in accordance with this chapter.
HISTORY: 2000 Act No. 367, Section 1; 2002 Act No. 358, Sections 6, 7; 2019 Act No. 31 (S.109), Section 1, eff May 13, 2019.
Editor's Note
Prior Laws:1986 Act No. 512, Section 3; 1987 Act No. 175, Section 1; 1992 Act No. 360, Section 2; 1993 Act No. 15, Section 1; 1994 Act No. 515, Section 1; 1994 Act No. 518, Section 1; 1976 Code Section 40-79-30.
Effect of Amendment
2019 Act No. 31, Section 1, deleted the (A) identifier at the beginning; redesignated (16) as (1) and made a nonsubstantive change; redesignated (1) as (2); (19) as (3) and made nonsubstantive changes; redesignated (2) to (5) as (4) to (7); in (6), inserted ", including burglar alarm systems with an electric fence as defined herein,"; redesignated (18) as (8); redesignated (6) as (9); inserted (10), relating to the definition of "Electric fence"; redesignated (7) to (11) as (11) to (15); redesignated (17) as (16) and made nonsubstantive changes; and redesignated (12) to (15) as (17) to (20).
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 79 - South Carolina Alarm System Business Act
Section 40-79-5. Conflict of law.
Section 40-79-10. Act to be administered under South Carolina Contractors Licensing Board.
Section 40-79-20. Definitions.
Section 40-79-30. License requirement.
Section 40-79-40. Nomination of board members from general public.
Section 40-79-50. Administrative support; license fees.
Section 40-79-60. Rules and regulations.
Section 40-79-70. Powers and duties of board.
Section 40-79-80. Investigation of complaints and violations.
Section 40-79-90. Presentation of investigation results; hearing.
Section 40-79-115. Board jurisdiction.
Section 40-79-120. Disciplinary action by board.
Section 40-79-130. Grounds for denial of license.
Section 40-79-140. License denial based on prior criminal record.
Section 40-79-150. Voluntary surrender of license.
Section 40-79-170. Payment of costs of investigation and prosecution.
Section 40-79-180. Collection of costs, fees, and fines.
Section 40-79-190. Investigations may be confidential and communications privileged.
Section 40-79-200. Contracting without license; penalty; preferring of charges.
Section 40-79-210. Civil penalties and injunctive relief.
Section 40-79-215. Exception to civil penalties for false alarms.
Section 40-79-220. Branch office and registered employee requirements.
Section 40-79-230. Application for license; who must sign; what must be submitted.
Section 40-79-250. Liability insurance.
Section 40-79-260. Issuance of license to applicants licensed in another state.
Section 40-79-270. Restrictions on use of license.
Section 40-79-290. Enforcement of contract by unlicensed alarm business.
Section 40-79-300. Bankruptcy of licensee; dissolution of business.