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Sub. H. B. No. 41 As Passed by the House
As Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Stebelton, Brown, Flowers, Fende, Wagoner, Stewart, D., Yuko, Chandler, Goyal, Harwood, Luckie, Skindell
A BILL
To amend section 4745.01 and to enact sections
4770.01 to 4770.14 and 4770.99 of the Revised Code
to require the licensure of persons operating
security or life-safety systems companies or
companies providing locksmith services and of
individuals performing specified types of security
or life-safety systems work or locksmith services
and to establish the Security or Life-Safety
Systems Advisory Board in the Office of the State
Fire Marshal.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4745.01 be amended and sections
4770.01, 4770.02, 4770.03, 4770.04, 4770.05, 4770.06, 4770.07,
4770.08, 4770.09, 4770.10, 4770.11, 4770.12, 4770.13, 4770.14, and
4770.99 of the Revised Code be enacted to read as follows:
Sec. 4745.01. (A) "Standard renewal procedure," as used in
Chapters 905.,
907., 909., 911., 913., 915., 918., 921., 923.,
927., 942., 943.,
953., 1321., 3710., 3713., 3719., 3731., 3742.,
3748., 3769.,
3783., 3921., 3951., 4104., 4105., 4143., 4169.,
4561.,
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725.,
4727.,
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741.,
4747.,
4749., 4752., 4753., 4755., 4757.,
4758., 4759., 4761.,
4766.,
4770., 4773., and 4775. of the
Revised Code, means the
license renewal
procedures specified in
this chapter.
(B) "Licensing agency," as used in this chapter, means any
department, division, board, section of a board, or other state
governmental unit subject to the standard renewal procedure, as
defined in this section, and authorized by the Revised Code to
issue a license to engage in a specific profession, occupation,
or
occupational activity, or to have charge of and operate
certain
specified equipment, machinery, or premises.
(C) "License," as used in this chapter, means a license,
certificate, permit, card, or other authority issued or conferred
by a licensing agency by authority of which the licensee has or
claims the privilege to engage in the profession, occupation, or
occupational activity, or to have control of and operate certain
specific equipment, machinery, or premises, over which the
licensing agency has jurisdiction.
(D) "Licensee," as used in this chapter, means either the
person to whom the license is issued or renewed by a licensing
agency, or the person, partnership, or corporation at whose
request the license is issued or renewed.
(E) "Renewal" and "renewed," as used in this chapter and
in
the chapters of the Revised Code specified in division (A) of
this
section, includes the continuing licensing procedure
provided in
Chapter 3748. of the Revised Code and
rules adopted under it and
in sections 1321.05
and 3921.33 of the Revised Code, and as
applied to those
continuing
licenses any reference in this chapter
to the date of expiration
of any license shall be construed to
mean the due date of the
annual or other fee for the continuing
license.
Sec. 4770.01. As used in this chapter:
(A) "Access control system" means a combination of electronic
equipment and devices that does not emit transmissions requiring
public sector response and that is designed and arranged for the
control of authorized individuals, vehicles, and materials through
entrances and exits of a controlled area or premises.
(B) "Burglar alarm detection system" means an assembly of
equipment and devices designed and arranged to signal either a
threat to an occupant due to an unauthorized entry or an attempted
entry of a person or an object into the area protected by the
system.
(C) "Closed-circuit television" means an in-house television
system or video monitoring system in which a transmitter (camera)
feeds one or more receivers (monitors) through a closed cable or
other transmission method.
(D) "Compliance agent" means a person employed by a security
or life-safety systems company to receive service of process in
this state and any notices and to perform other duties as
specified in rules adopted by the security or life-safety systems
advisory board.
(E) "Fire alarm and detection system" means an assembly of
equipment and devices designed and arranged to signal a fire.
(F) "Locksmith services" means servicing, installing,
repairing, rebuilding, rekeying, repinning, adjusting, or
installing locks, mechanical or electronic security devices,
annunciation devices not designed to require a response by law
enforcement, or the opening of a lock by a means not intended by
the manufacturer of the device.
(G) "Monitoring" means the transmission and receipt of
signals and the retransmission of information received from a
security or life-safety system to the proper individual as
required by law or as directed by the user of the security or
life-safety system.
(H) "Operator" means an individual who performs the function
of alarm operator, dispatcher, or monitor for a security or
life-safety system.
(I) "Security or life-safety system" means an assembly of
electronic equipment and devices that provides, as its main
purpose, the protection of life or property and the detection of
threats or violations to the security of the protected premises.
"Security or life-safety system" includes a burglary alarm
detection system, fire alarm and detection system, access control
system, and closed-circuit television. "Security or life-safety
system" does not include an electronic system that is activated by
a device that an individual carries on the individual's self that,
if activated by the individual, allows the individual to contact
or signal outside medical assistance in the case of an emergency.
(J) "Technician" means an individual who performs the
installation and repair of security or life-safety systems or who
provides locksmith services.
Sec. 4770.02. (A) No person shall operate a company to sell,
install, repair, monitor, or inspect any security or life-safety
system for a profit or to provide locksmith services for a profit
in this state unless that person is licensed pursuant to this
chapter. Any person conducting business as a security or
life-safety systems company in multiple locations in this state
need have only one license that lists the office address of each
location within this state.
(B) No individual shall sell, lease, rent, plan, install,
monitor, maintain, repair, test, or inspect a security or
life-safety system for a profit or provide locksmith services for
a profit unless that individual has an appropriate license issued
pursuant to this chapter as a technician, salesperson, or operator
in one or more of the following specialties: access control
system, burglar alarm detection system, closed-circuit television,
fire alarm and detection system, locksmith services, or
monitoring.
Sec. 4770.03.
This chapter does not apply to any of the
following:
(A) A person licensed as an engineer or architect who only
designs, inspects,
or plans security or life-safety systems;
(B) A person who services or installs, repairs, rebuilds,
rekeys, repins, or adjusts locks in or on safes or vaults and does
not provide other types of locksmith services;
(C) An electrician who holds a certificate issued by the
state fire marshal pursuant to section 3737.65 of the Revised Code
or an electrical contractor licensed under Chapter 4740. of the
Revised Code;
(D) Any other person the security or life-safety systems
advisory board exempts pursuant to rules the board adopts pursuant
to division (A) of section 4770.05 of the Revised Code.
Sec. 4770.04. (A) There is hereby established in the office
of the state fire marshal the security or life-safety systems
advisory board, consisting of seven voting members. One member
shall be the state fire marshal, and the governor shall appoint
the remaining six members. One of the appointed members shall
represent businesses that provide monitoring services, one shall
operate a business that provides locksmith services, one shall be
a consumer who uses a security or life-safety system, one shall be
a representative of the buckeye state sheriff's association or its
successor organization, and two shall be individuals who are
licensed pursuant to this chapter and who have at least five years
experience in the security or life-safety systems industry. No two
members of the board may be employed by the same company.
(B) Not later than thirty days after the effective date of
this section, the governor shall make the initial appointments to
the board. Of the initial appointments to the board, two shall be
for terms of four years, two shall be for terms of three years,
and two shall be for a term of two years. Thereafter, each term
shall be for four years, ending on the same day of the same month
as the term that it succeeds. Each member shall hold office from
the date of appointment until the end of the term for which
appointed. Vacancies shall be filled in the manner provided for
original appointments. A member appointed to fill a vacancy prior
to the expiration of a term shall hold office for the remainder of
that term. A member shall continue in office subsequent to the
expiration of the term until the member's successor takes office.
No member may be appointed for more than two consecutive terms of
four years.
(C) The members of the board shall not be compensated but
shall be reimbursed for actual expenses reasonably incurred in the
performance of their duties as members.
(D) The state fire marshal may employ administrative staff as
the state fire marshal determines necessary to carry out the
purposes of this chapter.
Sec. 4770.05. (A) The security or life-safety systems
advisory board shall adopt rules pursuant to Chapter 119. of the
Revised Code that do all of the following:
(1) Establish a separate license for an individual to receive
as a technician, salesperson, or operator, and require an
individual to obtain a technician, salesperson, or operator
license for each specialty listed in division (B) of section
4770.02 of the Revised Code that the individual wishes to
practice;
(2) Establish application procedures and overall requirements
for applicants for initial licensure to satisfy that include all
of the following:
(a) A requirement that a company provide its primary business
address to the state fire marshal to receive a license;
(b) A requirement that criminal background checks be
conducted for each applicant for any type of license;
(c) Training and examination requirements that are based on
measurable objectives and are designed to ensure and accurately
test an applicant's proficiency, and that each individual applying
for a license as a technician, salesperson, or operator must
satisfy for each specialty listed in division (B) of section
4770.02 of the Revised Code that the applicant wishes to practice;
(3) Establish procedures to have criminal background checks
conducted for all applicants and for employees described in
section 4770.06 of the Revised Code and to process applications;
(4) Establish a system that allows an individual who is
licensed as a technician, salesperson, or operator to receive
additional licenses in multiple specialties listed in division (B)
of section 4770.02 of the Revised Code;
(5) Establish training and examination requirements that must
be satisfied by an individual applying for licensure in multiple
specialties pursuant to the system established by the board under
division (A)(4) of this section and require a licensee to satisfy
the examination and training requirements established by the board
for each additional specialty that the licensee wishes to
practice;
(6) Establish and implement standards for the operation of
security or life-safety systems companies and companies providing
locksmith services;
(7) Create a provisional license for a person enrolled in an
apprenticeship program and who must engage in an activity
described in division (B) of section 4770.02 of the Revised Code
as a part of that program, establish requirements for an applicant
to obtain a provisional license, and require the state fire
marshal to issue a provisional license to an applicant who meets
the requirements established pursuant to division (A)(7) of this
section;
(8) Establish requirements that each licensee must satisfy to
renew each type of license, including continuing education
requirements and a requirement that a company must provide its
primary business address to the state fire marshal;
(9) Establish requirements an institution wishing to offer
courses that a licensee may take to satisfy continuing education
requirements the board establishes pursuant to division (A)(8) of
this section shall satisfy in order to offer courses for which a
licensee may receive credit toward completing such continuing
education requirements;
(10) Establish requirements that instructors who teach
courses that a licensee may take to satisfy continuing education
requirements established by the board shall satisfy in order to
teach such courses;
(11) Establish requirements that a person shall satisfy to be
designated a compliance agent by a licensed company in accordance
with section 4770.08 of the Revised Code, including that the
person must hold a license issued under this chapter as a
technician, operator, or salesperson;
(12) Specify the duties of the compliance agent designated by
a company;
(13) Specify information that the state fire marshal shall
collect and maintain as part of a registry of personnel employed
by a company licensed under this chapter and licensees;
(14) Establish procedures for hearing appeals from the
actions and decisions of the state fire marshal;
(15) Designate crimes, including dishonesty and corruption,
that relate to the performance of a licensee that disqualify a
person from holding a license pursuant to this chapter;
(16) As the board determines necessary, specify any person
who is exempt from the requirements of this chapter in addition to
those persons specified in section 4770.03 of the Revised Code;
(17) Establish fees to cover the cost of each examination the
board determines that an applicant for licensure as a technician,
salesperson, or operator shall successfully pass to receive a
license and establish fees that are less than those specified in
division (A)(3) of section 4770.14 of the Revised Code that a
licensee shall pay to obtain licensure in multiple specialties in
accordance with the system established by the board pursuant to
division (A)(4) of this section or to obtain multiple licenses as
a technician, salesperson, or operator.
(B) The board shall not adopt any rule that unreasonably
restricts competition or the availability of services requiring
licenses pursuant to this chapter or unnecessarily increases the
cost of services without a corresponding benefit.
(C) If the board or the state fire marshal receives any
information regarding an applicant's customer list, including the
name, address, or telephone number of a customer of the applicant,
the board or the state fire marshal shall keep that information
confidential and that information is not considered a public
record under section 149.43 of the Revised Code.
Sec. 4770.06. A company or individual who wishes to be
licensed under this chapter shall submit an application to the
state fire marshal on a form the state fire marshal provides and,
except as otherwise provided in this section, the appropriate fees
specified in section 4770.14 of the Revised Code. An individual
applying for licensure as a technician, operator, or salesperson
pursuant to this chapter may apply for licensure in one or more of
the specialties listed in division (B) of section 4770.02 of the
Revised Code in accordance with the system established by the
board pursuant to division (A)(4) of section 4770.05 of the
Revised Code and may apply for one or more types of licenses. An
individual applying for licensure in multiple specialties or for
multiple licenses as a technician, salesperson, or operator shall
successfully complete the training and examination requirements
for each specialty the individual wishes to practice or for each
license the individual wishes to receive. If an individual applies
for licensure in multiple specialties or applies for multiple
types of licenses, and that individual holds a license issued
pursuant to this chapter as a technician, salesperson, or
operator, the state fire marshal shall charge that individual the
reduced fee for licensure established by the board in rules
adopted pursuant to division (A) of section 4770.05 of the Revised
Code and the appropriate examination fee established in rules
adopted by the board pursuant to that division. The state fire
marshal shall not charge that individual the initial license fee
specified under division (A)(3) of section 4770.14 of the Revised
Code if the individual holds a license issued pursuant to this
chapter at the time the individual applies for licensure in
multiple specialties or applies for additional licenses as a
technician, salesperson, or operator.
The state fire marshal shall issue a license to any person
who files with the state fire marshal an application, pays the
appropriate fees specified in section 4770.14 of the Revised Code,
and meets all other requirements the board establishes in rules
adopted in accordance with Chapter 119. of the Revised Code.
The state fire marshal shall maintain a registry of personnel
employed by a company licensed under this chapter and licensees in
accordance with the rules adopted by the board under division
(A)(13) of section 4770.05 of the Revised Code and shall make that
registry available to the public.
Any person who is employed by a company licensed under this
chapter and who is not licensed as a technician, salesperson, or
operator pursuant to this chapter, but who has access to
information in the ordinary course of employment that would allow
that individual to circumvent security or life-safety systems,
shall satisfy any criminal background check requirements for
licensees established by the board pursuant to section 4770.05 of
the Revised Code. The state fire marshal shall not issue a license
to any person who employs an individual who has been convicted of
a felony.
Sec. 4770.07. The state fire marshal may grant licenses to a
person who is registered or licensed in another state that the
security or life-safety systems advisory board determines and
indicates in rule to have registration or licensing requirements
that are approximately equal, in substance and intent, to the
requirements of this state and that extends reciprocity similar to
that offered in this section to an individual or company that is
licensed in this state pursuant to this chapter. The state fire
marshal shall issue a license to any such person who files an
application on a form the state fire marshal provides, pays the
appropriate fee, and meets any other qualifications established by
the board in rules adopted in accordance with Chapter 119. of the
Revised Code.
A burglar alarm detection system company or fire alarm and
detection system company that has the company's principal place of
business located in another state and that is licensed pursuant to
this chapter is not required to have an office or a compliance
agent with a physical presence in this state if the state where
the company's principal place of business is located requires the
company to designate a person as a compliance agent, requires a
person to satisfy requirements that are similar to the
requirements the board establishes pursuant to section 4770.05 of
the Revised Code to be a compliance agent, and requires the
compliance agent to perform duties that are similar to those
duties the board establishes for compliance agents pursuant to
that section. The company shall designate a representative with a
physical presence in this state who will receive notices and
forward those notices to the company's compliance agent. A post
office box shall not be considered a representative with a
physical presence in this state. If the state where the company's
principal place of business is located does not require the
company to designate a compliance agent, the company shall
designate a person who has a physical presence in this state as
the compliance agent for the company and that person shall satisfy
the requirements the board establishes for a person to be a
compliance agent in accordance with section 4770.05 of the Revised
Code.
Notwithstanding any requirement of this chapter to the
contrary, any security or life-safety systems company licensed in
a state the board determines to have licensing requirements
approximately equal to those of this state may perform monitoring
in this state if the company files an application with the state
fire marshal on the form the state fire marshal provides and pays
the appropriate fee. If the state where the company is licensed
requires the company to designate a person as a compliance agent,
requires a person to satisfy requirements that are similar to the
requirements the board establishes pursuant to section 4770.05 of
the Revised Code to be a compliance agent, and requires the
compliance agent to perform duties that are similar to the duties
the board establishes for compliance agents pursuant to that
section, the company is not required to designate a compliance
agent in this state. If the state where the company is licensed
does not require the company to designate a compliance agent, the
company shall designate a person who has a physical presence in
this state as the compliance agent for the company and that person
shall satisfy the requirements the board establishes for a person
to be a compliance agent in accordance with section 4770.05 of the
Revised Code.
Sec. 4770.08. A company that is licensed under this chapter
shall display a license or a branch office license, as
appropriate, at each location from which the licensee offers
security or life-safety system services. Except as otherwise
specified in section 4770.07 of the Revised Code, each company
licensed under this chapter shall designate an individual to serve
as a compliance agent for that company. The individual designated
as the compliance agent for the company shall satisfy the
requirements established by the security or life-safety systems
advisory board under section 4770.05 of the Revised Code.
Any person who operates a company licensed pursuant to this
chapter who changes the primary mailing address of the company as
previously filed after applying for licensure or renewal under
section 4770.06, 4770.07, or 4770.09 of the Revised Code shall
notify the state fire marshal of any change of address within
thirty days of that change.
Any individual required to be licensed as a technician,
operator, or salesperson pursuant to this chapter shall carry the
individual's license while servicing, testing, repairing, or
installing a security or life-safety system for profit or
providing locksmith services for a profit and shall produce the
license for inspection upon the request of any building official
who has jurisdiction over the building in which the licensee is
performing activities described in division (B) of section 4770.02
of the Revised Code or other authorized person designated in rules
adopted by the board in accordance with Chapter 119. of the
Revised Code.
Sec. 4770.09. A license issued under this chapter is valid
for one year. The state fire marshal shall renew licenses pursuant
to the standard renewal procedure specified in Chapter 4745. of
the Revised Code. Any licensee who wishes to renew the licensee's
license issued pursuant to this chapter shall submit an
application and the appropriate fee specified in section 4770.14
of the Revised Code to the state fire marshal. Upon receipt of a
licensee's application and fee, the state fire marshal shall renew
a licensee's license if the licensee satisfies the renewal
requirements established by the security or life-safety systems
advisory board in rules the board adopts in accordance with
section 4770.05 of the Revised Code.
Sec. 4770.10. The state fire marshal may enforce this chapter
irrespective of the place or location in which a violation of this
chapter occurs, and upon the complaint of any person or on the
initiative of the state fire marshal. The state fire marshal may
cause to be investigated the business and business methods of any
licensed or unlicensed person, employee, or applicant for a
license.
To enforce this chapter and conduct any investigation
authorized by it, the state fire marshal may do any of the
following:
(A) Subpoena any person in this state and require the
production of any papers the state fire marshal determines
necessary;
(C) Take depositions of any individuals subpoenaed;
(D) Employ field investigators.
The state fire marshal, acting pursuant to Chapter 119. of
the Revised Code and within guidelines the security or life-safety
systems advisory board establishes by rule, may take disciplinary
action against any licensee who violates this chapter.
The state fire marshal, as necessary in the performance of
the state fire marshal's duties under this chapter, may receive
any criminal background check directly from the United States
department of justice.
Sec. 4770.11. (A) The state fire marshal may revoke or
suspend the license of any person for any of the following
reasons:
(1) Knowingly violating any provision of this chapter;
(2) Engaging in an activity described in division (B) of
section 4770.02 of the Revised Code for which the person does not
hold the appropriate license or permitting another person to
engage in such an activity for which that person does not hold the
appropriate license;
(3) Being negligent or incompetent in the performance of the
activities for which the licensee holds a license;
(4) Knowingly misrepresenting information or the licensee's
abilities, making false promises, or dishonest or illegal dealing
with regard to the performance of the activities for which the
licensee holds a license;
(5) A continued course of misrepresentation or making false
promises as described in division (A)(4) of this section
individually, through employees or agents, through advertising, or
otherwise;
(6) Failure to notify the state fire marshal of any change of
primary business address as required under section 4770.08 of the
Revised Code;
(7) Failure to complete any apprenticeship program required
by rule for the holder of a provisional license;
(8) Being convicted of or pleading guilty to an offense that
the security or life-safety systems advisory board designates in
the rules the board adopts in accordance with division (A) of
section 4770.05 of the Revised Code that disqualifies a person
from holding a license issued pursuant to this chapter.
(B) No person, while under suspension or revocation of a
license, may be employed by or otherwise associated with any
company licensed under this chapter.
Sec. 4770.12. The state fire marshal, with the advice of the
security or life-safety systems advisory board, annually shall
file a report with the governor, the president of the senate, and
the speaker of the house of representatives. The report shall
provide details regarding the cost of administering this chapter,
the effectiveness of this chapter in protecting the public
interest, the length of time it takes to conduct criminal
background checks, the type and number of licenses issued,
enforcement information, and any other information that the state
fire marshal and board wish to convey.
Sec. 4770.13. No municipal corporation, county, or township
may enact any ordinance that conflicts with this chapter. This
restriction shall not be construed to prohibit any political
subdivision from enacting an ordinance that establishes regulatory
schemes designed to prevent false alarm dispatches, schemes that
require the issuance of permits to security or life-safety system
users, or penalties to users for excessive false alarm dispatches.
Nothing in this chapter shall prevent a political subdivision from
licensing or regulating a person licensed under this chapter when
that person is engaged in activities that are not related to
security or life-safety systems or providing locksmith services or
are not governed by this chapter.
The state and the political subdivisions of this state shall
not charge license or registration fees to a company or individual
licensed under this chapter other than as provided in this
chapter. Nothing in this chapter shall be construed to prevent a
political subdivision from levying a business license fee or
vendor permit fee, business or occupation tax, or other tax upon a
company licensed under this chapter provided that any fees or
taxes levied are levied on all other types of businesses within
its boundaries and are based on the physical presence of the
business.
Sec. 4770.14. (A) Except as may otherwise be provided
pursuant to division (B) of this section, the state fire marshal
shall charge the following fees:
(1) For initial licensure for a company, two hundred sixty
dollars;
(2) For renewal of a license issued to a company, one hundred
fifty dollars;
(3) For initial licensure as a technician, operator, or
salesperson, and for renewal of a license as a technician,
operator, or salesperson, forty dollars;
(4) For an examination required to obtain licensure as a
technician, operator, or salesperson, the amount the security or
life-safety systems advisory board specifies in rules the board
adopts pursuant to division (A) of section 4770.05 of the Revised
Code.
(B) The board, subject to the approval of the controlling
board, may adopt rules in accordance with Chapter 119. of the
Revised Code to establish fees for the issuance or renewal of a
license issued to a company or to an individual as a technician,
operator, or salesperson in excess of the fees specified in
divisions (A)(1) to (A)(3) of this section if the cost associated
with administering and enforcing this chapter increases, provided
that such fees do not exceed the amounts specified in this section
by more than fifty per cent.
(C) The state fire marshal shall deposit all money collected
under this chapter in the state treasury to the credit of the
security or life-safety systems fund, which is hereby created.
Money credited to the fund shall be used solely to pay costs
associated with the administration of this chapter and the rules
adopted under it.
Sec. 4770.99. Whoever violates section 4770.02 of the
Revised Code is guilty of a misdemeanor of the third degree.
Section 2. That existing section 4745.01 of the Revised Code
is hereby repealed.
Section 3. Sections 4770.02 and 4770.99 of the Revised Code,
as enacted by this act, take effect four hundred eighty days after
the effective date of this act.
Section 4. Notwithstanding section 4770.04 of the Revised
Code as enacted by this act, persons appointed to the Security or
Life-Safety Systems Advisory Board during the two years following
the effective date of this act need not be licensed as required
under that section.
Section 5. Not later than one hundred eighty days after the
appointment of all initial members to the Security or Life-Safety
Systems Advisory Board, the Board shall adopt the rules as
required under this act.
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