Section 1. That section 4745.01 be amended and sections | 11 |
4770.01, 4770.02, 4770.03, 4770.04, 4770.05, 4770.06, 4770.07, | 12 |
4770.08, 4770.09, 4770.10, 4770.11, 4770.12, 4770.13, 4770.14, and | 13 |
4770.99 of the Revised Code be enacted to read as follows: | 14 |
Sec. 4745.01. (A) "Standard renewal procedure," as used in | 15 |
Chapters 905.,
907., 909., 911., 913., 915., 918., 921., 923., | 16 |
927., 942., 943.,
953., 1321., 3710., 3713., 3719., 3731., 3742., | 17 |
3748., 3769.,
3783., 3921., 3951., 4104., 4105., 4143., 4169., | 18 |
4561.,
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., | 19 |
4727.,
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., | 20 |
4747.,
4749., 4752., 4753., 4755., 4757.,
4758., 4759., 4761., | 21 |
4766.,
4770., 4773., and 4775. of the
Revised Code, means the | 22 |
license renewal
procedures specified in
this chapter. | 23 |
(B) "Licensing agency," as used in this chapter, means any | 24 |
department, division, board, section of a board, or other state | 25 |
governmental unit subject to the standard renewal procedure, as | 26 |
defined in this section, and authorized by the Revised Code to | 27 |
issue a license to engage in a specific profession, occupation,
or | 28 |
occupational activity, or to have charge of and operate
certain | 29 |
specified equipment, machinery, or premises. | 30 |
(C) "License," as used in this chapter, means a license, | 31 |
certificate, permit, card, or other authority issued or conferred | 32 |
by a licensing agency by authority of which the licensee has or | 33 |
claims the privilege to engage in the profession, occupation, or | 34 |
occupational activity, or to have control of and operate certain | 35 |
specific equipment, machinery, or premises, over which the | 36 |
licensing agency has jurisdiction. | 37 |
(E) "Renewal" and "renewed," as used in this chapter and
in | 42 |
the chapters of the Revised Code specified in division (A) of
this | 43 |
section, includes the continuing licensing procedure
provided in | 44 |
Chapter 3748. of the Revised Code and
rules adopted under it and | 45 |
in sections 1321.05
and 3921.33 of the Revised Code, and as | 46 |
applied to those
continuing
licenses any reference in this chapter | 47 |
to the date of expiration
of any license shall be construed to | 48 |
mean the due date of the
annual or other fee for the continuing | 49 |
license. | 50 |
(F) "Locksmith services" means servicing, installing, | 73 |
repairing, rebuilding, rekeying, repinning, adjusting, or | 74 |
installing locks, mechanical or electronic security devices, | 75 |
annunciation devices not designed to require a response by law | 76 |
enforcement, or the opening of a lock by a means not intended by | 77 |
the manufacturer of the device. | 78 |
(I) "Security or life-safety system" means an assembly of | 87 |
electronic equipment and devices that provides, as its main | 88 |
purpose, the protection of life or property and the detection of | 89 |
threats or violations to the security of the protected premises. | 90 |
"Security or life-safety system" includes a burglary alarm | 91 |
detection system, fire alarm and detection system, access control | 92 |
system, and closed-circuit television. "Security or life-safety | 93 |
system" does not include an electronic system that is activated by | 94 |
a device that an individual carries on the individual's self that, | 95 |
if activated by the individual, allows the individual to contact | 96 |
or signal outside medical assistance in the case of an emergency. | 97 |
Sec. 4770.02. (A) No person shall operate a company to sell, | 101 |
install, repair, monitor, or inspect any security or life-safety | 102 |
system for a profit or to provide locksmith services for a profit | 103 |
in this state unless that person is licensed pursuant to this | 104 |
chapter. Any person conducting business as a security or | 105 |
life-safety systems company in multiple locations in this state | 106 |
need have only one license that lists the office address of each | 107 |
location within this state. | 108 |
(B) No individual shall sell, lease, rent, plan, install, | 109 |
monitor, maintain, repair, test, or inspect a security or | 110 |
life-safety system for a profit or provide locksmith services for | 111 |
a profit unless that individual has an appropriate license issued | 112 |
pursuant to this chapter as a technician, salesperson, or operator | 113 |
in one or more of the following specialties: access control | 114 |
system, burglar alarm detection system, closed-circuit television, | 115 |
fire alarm and detection system, locksmith services, or | 116 |
monitoring. | 117 |
Sec. 4770.04. (A) There is hereby established in the office | 132 |
of the state fire marshal the security or life-safety systems | 133 |
advisory board, consisting of seven voting members. One member | 134 |
shall be the state fire marshal, and the governor shall appoint | 135 |
the remaining six members. One of the appointed members shall | 136 |
represent businesses that provide monitoring services, one shall | 137 |
operate a business that provides locksmith services, one shall be | 138 |
a consumer who uses a security or life-safety system, one shall be | 139 |
a representative of the buckeye state sheriff's association or its | 140 |
successor organization, and two shall be individuals who are | 141 |
licensed pursuant to this chapter and who have at least five years | 142 |
experience in the security or life-safety systems industry. No two | 143 |
members of the board may be employed by the same company. | 144 |
(B) Not later than thirty days after the effective date of | 145 |
this section, the governor shall make the initial appointments to | 146 |
the board. Of the initial appointments to the board, two shall be | 147 |
for terms of four years, two shall be for terms of three years, | 148 |
and two shall be for a term of two years. Thereafter, each term | 149 |
shall be for four years, ending on the same day of the same month | 150 |
as the term that it succeeds. Each member shall hold office from | 151 |
the date of appointment until the end of the term for which | 152 |
appointed. Vacancies shall be filled in the manner provided for | 153 |
original appointments. A member appointed to fill a vacancy prior | 154 |
to the expiration of a term shall hold office for the remainder of | 155 |
that term. A member shall continue in office subsequent to the | 156 |
expiration of the term until the member's successor takes office. | 157 |
No member may be appointed for more than two consecutive terms of | 158 |
four years. | 159 |
(7) Create a provisional license for a person enrolled in an | 205 |
apprenticeship program and who must engage in an activity | 206 |
described in division (B) of section 4770.02 of the Revised Code | 207 |
as a part of that program, establish requirements for an applicant | 208 |
to obtain a provisional license, and require the state fire | 209 |
marshal to issue a provisional license to an applicant who meets | 210 |
the requirements established pursuant to division (A)(7) of this | 211 |
section; | 212 |
(17) Establish fees to cover the cost of each examination the | 245 |
board determines that an applicant for licensure as a technician, | 246 |
salesperson, or operator shall successfully pass to receive a | 247 |
license and establish fees that are less than those specified in | 248 |
division (A)(3) of section 4770.14 of the Revised Code that a | 249 |
licensee shall pay to obtain licensure in multiple specialties in | 250 |
accordance with the system established by the board pursuant to | 251 |
division (A)(4) of this section or to obtain multiple licenses as | 252 |
a technician, salesperson, or operator. | 253 |
Sec. 4770.06. A company or individual who wishes to be | 264 |
licensed under this chapter shall submit an application to the | 265 |
state fire marshal on a form the state fire marshal provides and, | 266 |
except as otherwise provided in this section, the appropriate fees | 267 |
specified in section 4770.14 of the Revised Code. An individual | 268 |
applying for licensure as a technician, operator, or salesperson | 269 |
pursuant to this chapter may apply for licensure in one or more of | 270 |
the specialties listed in division (B) of section 4770.02 of the | 271 |
Revised Code in accordance with the system established by the | 272 |
board pursuant to division (A)(4) of section 4770.05 of the | 273 |
Revised Code and may apply for one or more types of licenses. An | 274 |
individual applying for licensure in multiple specialties or for | 275 |
multiple licenses as a technician, salesperson, or operator shall | 276 |
successfully complete the training and examination requirements | 277 |
for each specialty the individual wishes to practice or for each | 278 |
license the individual wishes to receive. If an individual applies | 279 |
for licensure in multiple specialties or applies for multiple | 280 |
types of licenses, and that individual holds a license issued | 281 |
pursuant to this chapter as a technician, salesperson, or | 282 |
operator, the state fire marshal shall charge that individual the | 283 |
reduced fee for licensure established by the board in rules | 284 |
adopted pursuant to division (A) of section 4770.05 of the Revised | 285 |
Code and the appropriate examination fee established in rules | 286 |
adopted by the board pursuant to that division. The state fire | 287 |
marshal shall not charge that individual the initial license fee | 288 |
specified under division (A)(3) of section 4770.14 of the Revised | 289 |
Code if the individual holds a license issued pursuant to this | 290 |
chapter at the time the individual applies for licensure in | 291 |
multiple specialties or applies for additional licenses as a | 292 |
technician, salesperson, or operator. | 293 |
Any person who is employed by a company licensed under this | 304 |
chapter and who is not licensed as a technician, salesperson, or | 305 |
operator pursuant to this chapter, but who has access to | 306 |
information in the ordinary course of employment that would allow | 307 |
that individual to circumvent security or life-safety systems, | 308 |
shall satisfy any criminal background check requirements for | 309 |
licensees established by the board pursuant to section 4770.05 of | 310 |
the Revised Code. The state fire marshal shall not issue a license | 311 |
to any person who employs an individual who has been convicted of | 312 |
a felony. | 313 |
Sec. 4770.07. The state fire marshal may grant licenses to a | 314 |
person who is registered or licensed in another state that the | 315 |
security or life-safety systems advisory board determines and | 316 |
indicates in rule to have registration or licensing requirements | 317 |
that are approximately equal, in substance and intent, to the | 318 |
requirements of this state and that extends reciprocity similar to | 319 |
that offered in this section to an individual or company that is | 320 |
licensed in this state pursuant to this chapter. The state fire | 321 |
marshal shall issue a license to any such person who files an | 322 |
application on a form the state fire marshal provides, pays the | 323 |
appropriate fee, and meets any other qualifications established by | 324 |
the board in rules adopted in accordance with Chapter 119. of the | 325 |
Revised Code. | 326 |
A burglar alarm detection system company or fire alarm and | 327 |
detection system company that has the company's principal place of | 328 |
business located in another state and that is licensed pursuant to | 329 |
this chapter is not required to have an office or a compliance | 330 |
agent with a physical presence in this state if the state where | 331 |
the company's principal place of business is located requires the | 332 |
company to designate a person as a compliance agent, requires a | 333 |
person to satisfy requirements that are similar to the | 334 |
requirements the board establishes pursuant to section 4770.05 of | 335 |
the Revised Code to be a compliance agent, and requires the | 336 |
compliance agent to perform duties that are similar to those | 337 |
duties the board establishes for compliance agents pursuant to | 338 |
that section. The company shall designate a representative with a | 339 |
physical presence in this state who will receive notices and | 340 |
forward those notices to the company's compliance agent. A post | 341 |
office box shall not be considered a representative with a | 342 |
physical presence in this state. If the state where the company's | 343 |
principal place of business is located does not require the | 344 |
company to designate a compliance agent, the company shall | 345 |
designate a person who has a physical presence in this state as | 346 |
the compliance agent for the company and that person shall satisfy | 347 |
the requirements the board establishes for a person to be a | 348 |
compliance agent in accordance with section 4770.05 of the Revised | 349 |
Code. | 350 |
Notwithstanding any requirement of this chapter to the | 351 |
contrary, any security or life-safety systems company licensed in | 352 |
a state the board determines to have licensing requirements | 353 |
approximately equal to those of this state may perform monitoring | 354 |
in this state if the company files an application with the state | 355 |
fire marshal on the form the state fire marshal provides and pays | 356 |
the appropriate fee. If the state where the company is licensed | 357 |
requires the company to designate a person as a compliance agent, | 358 |
requires a person to satisfy requirements that are similar to the | 359 |
requirements the board establishes pursuant to section 4770.05 of | 360 |
the Revised Code to be a compliance agent, and requires the | 361 |
compliance agent to perform duties that are similar to the duties | 362 |
the board establishes for compliance agents pursuant to that | 363 |
section, the company is not required to designate a compliance | 364 |
agent in this state. If the state where the company is licensed | 365 |
does not require the company to designate a compliance agent, the | 366 |
company shall designate a person who has a physical presence in | 367 |
this state as the compliance agent for the company and that person | 368 |
shall satisfy the requirements the board establishes for a person | 369 |
to be a compliance agent in accordance with section 4770.05 of the | 370 |
Revised Code. | 371 |
Sec. 4770.08. A company that is licensed under this chapter | 372 |
shall display a license or a branch office license, as | 373 |
appropriate, at each location from which the licensee offers | 374 |
security or life-safety system services. Except as otherwise | 375 |
specified in section 4770.07 of the Revised Code, each company | 376 |
licensed under this chapter shall designate an individual to serve | 377 |
as a compliance agent for that company. The individual designated | 378 |
as the compliance agent for the company shall satisfy the | 379 |
requirements established by the security or life-safety systems | 380 |
advisory board under section 4770.05 of the Revised Code. | 381 |
Any individual required to be licensed as a technician, | 388 |
operator, or salesperson pursuant to this chapter shall carry the | 389 |
individual's license while servicing, testing, repairing, or | 390 |
installing a security or life-safety system for profit or | 391 |
providing locksmith services for a profit and shall produce the | 392 |
license for inspection upon the request of any building official | 393 |
who has jurisdiction over the building in which the licensee is | 394 |
performing activities described in division (B) of section 4770.02 | 395 |
of the Revised Code or other authorized person designated in rules | 396 |
adopted by the board in accordance with Chapter 119. of the | 397 |
Revised Code. | 398 |
Sec. 4770.09. A license issued under this chapter is valid | 399 |
for one year. The state fire marshal shall renew licenses pursuant | 400 |
to the standard renewal procedure specified in Chapter 4745. of | 401 |
the Revised Code. Any licensee who wishes to renew the licensee's | 402 |
license issued pursuant to this chapter shall submit an | 403 |
application and the appropriate fee specified in section 4770.14 | 404 |
of the Revised Code to the state fire marshal. Upon receipt of a | 405 |
licensee's application and fee, the state fire marshal shall renew | 406 |
a licensee's license if the licensee satisfies the renewal | 407 |
requirements established by the security or life-safety systems | 408 |
advisory board in rules the board adopts in accordance with | 409 |
section 4770.05 of the Revised Code. | 410 |
Sec. 4770.12. The state fire marshal, with the advice of the | 467 |
security or life-safety systems advisory board, annually shall | 468 |
file a report with the governor, the president of the senate, and | 469 |
the speaker of the house of representatives. The report shall | 470 |
provide details regarding the cost of administering this chapter, | 471 |
the effectiveness of this chapter in protecting the public | 472 |
interest, the length of time it takes to conduct criminal | 473 |
background checks, the type and number of licenses issued, | 474 |
enforcement information, and any other information that the state | 475 |
fire marshal and board wish to convey. | 476 |
Sec. 4770.13. No municipal corporation, county, or township | 477 |
may enact any ordinance that conflicts with this chapter. This | 478 |
restriction shall not be construed to prohibit any political | 479 |
subdivision from enacting an ordinance that establishes regulatory | 480 |
schemes designed to prevent false alarm dispatches, schemes that | 481 |
require the issuance of permits to security or life-safety system | 482 |
users, or penalties to users for excessive false alarm dispatches. | 483 |
Nothing in this chapter shall prevent a political subdivision from | 484 |
licensing or regulating a person licensed under this chapter when | 485 |
that person is engaged in activities that are not related to | 486 |
security or life-safety systems or providing locksmith services or | 487 |
are not governed by this chapter. | 488 |
The state and the political subdivisions of this state shall | 489 |
not charge license or registration fees to a company or individual | 490 |
licensed under this chapter other than as provided in this | 491 |
chapter. Nothing in this chapter shall be construed to prevent a | 492 |
political subdivision from levying a business license fee or | 493 |
vendor permit fee, business or occupation tax, or other tax upon a | 494 |
company licensed under this chapter provided that any fees or | 495 |
taxes levied are levied on all other types of businesses within | 496 |
its boundaries and are based on the physical presence of the | 497 |
business. | 498 |
(B) The board, subject to the approval of the controlling | 514 |
board, may adopt rules in accordance with Chapter 119. of the | 515 |
Revised Code to establish fees for the issuance or renewal of a | 516 |
license issued to a company or to an individual as a technician, | 517 |
operator, or salesperson in excess of the fees specified in | 518 |
divisions (A)(1) to (A)(3) of this section if the cost associated | 519 |
with administering and enforcing this chapter increases, provided | 520 |
that such fees do not exceed the amounts specified in this section | 521 |
by more than fifty per cent. | 522 |