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19 NYCRR 195.1 - Definitions

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(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 appliances. Not included herein are 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 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, consists of two or more alarm devices or equipment, that are linked together through any means, including but not limited to, ethernet, wifi, or serial bus, so that they can communicate with each other and 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 pursuant to article 6-D of the General Business Law.

19 NYCRR 195.2 - Need for license

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(a)An individual, firm, company partnership or corporation must be licensed:

(1)if it installs, maintains or services alarm systems, including, but not limited to, such items as detectors, control devices and alarm communication systems, conduits and associated wires of alarm systems; 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)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 devices;

(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 security or fire alarm systems in a municipality where he or she is licensed as a master electrician.

19 NYCRR 195.3 - Qualifying officers or managers

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An individual (qualifier) may make an application for licensure on behalf of a company, firm, partnership or corporation:

(a)In the case of a company, firm or partnership, such application must be accompanied by evidence that the qualifier is a principal in the company to be licensed. Such individual must meet all applicable licensing requirements.

(b)In the case of a corporation the qualifier may be an officer or employee of the corporation. In addition to meeting all applicable licensing requirements, such individual must direct and control the operation of the corporation. Such direction and control must be real and substantial and take place on a day to day basis.

19 NYCRR 195.4 - Standards

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Installation, maintenance and servicing of fire alarm systems shall be done in accordance with prevailing industry standards.

19 NYCRR 195.5 - License must be displayed

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(a)The license to engage in the business of installing, servicing or maintaining a security or fire alarm system shall be conspicuously displayed at the principal location. A photocopy of the business license issued to the principal location must be conspicuously displayed at each secondary location of the business.

(b)Licensee shall maintain, at the principal office, a current list of all such secondary locations.

(c)Licensee shall file with the Department of State, by registered or certified mail, the location of such secondary locations, within five business days of their opening.

(d)Licensee shall post the name of the person in charge at each business location.

19 NYCRR 195.6 - Use of trade or corporate name

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No licensee or applicant may use a trade or corporate name which, in the opinion of the Department of State, is so similar to the trade name or corporate name of any licensee that confusion to the public will result therefrom.

19 NYCRR 195.7 - Transitional licenses

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(a)The Department of State shall issue a transitional business license for a two-year period to an applicant who has not completed the educational requirement described in section 196.2 or 196.8 of this Title.

(b)Nonrenewable transitional licenses will be issued by the Department of State from October 1, 1992 until April 1, 1995.

(c)All required education must be concluded by the expiration date of the transitional license and evidence of satisfactory completion must be submitted to the Division of Licensing Services.

(d)Applicants for a transitional license, who do not qualify for the experience exemption, must take and pass the examination.

19 NYCRR 195.8 - Fingerprinting

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(a)Qualifying licensee(s).

Applicants for a business of installing, maintaining or servicing security or fire alarm systems license shall be fingerprinted as prescribed by the Division of Criminal Justice Services.

(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 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 Services within 24 hours of such employment.

(c)Further requirements.

(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.

(2)Individuals possessing a current security guard registration must complete an employee statement to be retained in the employee's personnel folder.

(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).

19 NYCRR 195.9 - Supervisory responsibility

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A licensee has an affirmative duty to provide supervision to employees and for all business activities. Such supervision shall consist of regular, frequent and consistent personal guidance, instruction, oversight and superintendence by the qualifying license holder with respect to the general business conducted by the firm and all matters relating thereto.

19 NYCRR 195.10 - Business and employee records

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(a)Each business licensed under this Part shall keep and maintain for a period of three years records of all transactions performed by the business.

(b)A licensee under this Part must keep and maintain records of employees of the firm until each employee has not been in the licensee's employ for a period of at least three full years. Such records shall include employee statement, employee application, employee business and employment I.D. number, length of employment and payroll records.

(c)All records must be retained for longer periods in the event there is any litigation pending concerning such records and/or employee. Litigation shall include investigation or administrative action by the Department of State, initiated by complaint from the general public or by the department.

(d)A business which is licensed to install, maintain or service security or fire alarm systems must maintain employee and business records at a central location within New York State. This is applicable to all company and personnel records pertaining exclusively to the conduct of business in this State.

(e)Each licensee shall prepare and retain a statement of services and charges which has been agreed upon between the licensee and the consumer, a copy of which must be presented to the consumer. The consumer must be presented with a copy of any document signed by the licensee and consumer. Any agreement signed by a representative of the licensee and the consumer for services to be performed must be retained by the licensee in the business records of the firm.

(f)In conjunction with any transaction, each licensee shall identify any and all employees who work on the installation, service, or maintenance of a security or fire alarm system.

19 NYCRR 195.11 - I.D. cards

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(a)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 identification card shall be as follows:

(i)The identification card shall be approximately 3⅜″ × 2⅛″.

(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″ × 1¼″ in size. The photograph shall, at all times, be a true likeness of the employee's actual appearance.

(iii)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)”;

(b)the employee's name;

(c)the following statement:

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 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 one business day to the employer. The identification card of the terminated employee shall be placed in the individual's personnel file.

(3)All identification cards issued pursuant to this section after July 1, 2018 shall comply with this section, except that an identification card issued before July 1, 2018 shall remain valid until December 31, 2018. Businesses that are licensed to install, maintain or service security or fire alarm systems must issue revised identification cards to their employees no later than December 31, 2018, such that all of their employees are in possession of identification cards that comply with the requirements of this section by January 1, 2019.

19 NYCRR 195.12 - Employee and employer responsibility

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(a)Any person who is or has been an employee of a holder of a license shall not divulge to anyone other than his employer, except as may be required by law, any information acquired by him/her during such employment in respect to any of the work to which he/she shall have been assigned by such employer.

(b)It is the duty and obligation of an employer of any individual believed to have violated this section to divulge all known facts and circumstances to the Secretary of State or such person in the Department of State who may be designated.

19 NYCRR 195.13 - License revocation and suspension

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Any person, firm, company, partnership, corporation or organization licensed under article 6-D of the General Business Law which has its license revoked or suspended by the Department of State shall be ineligible to employ assistants to install, maintain or service security or fire alarm systems for the period of the revocation or suspension.

19 NYCRR 195.14 - Criminal convictions

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Any applicant or qualifier convicted of any felony or misdemeanor may be denied licensure or subjected to license revocation and suspension. Departmental discretion shall be exercised pursuant to the standards articulated in article 23-A of the Correction Law.

19 NYCRR 195.15 - Employee statements

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(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 section 69-o(2) of the General Business Law;

(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 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 of a license shall immediately stamp in indelible ink the employee's statement 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 copy of such fingerprint receipt to the employee's statement in such manner that the copy can be examined without disclosing the contents of the employee's statement and shall retain such statement and copy of fingerprint receipt so long as he/she shall be licensed under article 6-D of the General Business Law by the Department of State.

(e)The holder of a license shall file the original fingerprint receipt with the Department of State by forwarding the same by registered mail to the office of the Division of Licensing Services, P.O. Box 22001, Albany, NY 12201-2001, in accordance with the schedule stipulated in section 195.8 of this Part.

19 NYCRR 195.16 - Advertising

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(a)Definitions. For the purposes of this section, the following terms shall have the following meanings. (1) "Advertising" and "advertisement" shall mean promotion and solicitation related to the licensed activity of installing, servicing, or maintaining security or fire alarm systems, including, but not limited to, advertising via flyers that are in print or electronic formats, including on the internet, advertising via television or radio, and advertising on billboards. (2) "Licensee" shall mean an individual or business licensed by the New York State Department of State pursuant to Article 6-D of the New York General Business Law. (3) "State" shall mean a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. (b) Content of Advertising. (1) All advertisements placed by licensees must, clearly and conspicuously display, the following statement: "Licensed by the N.Y.S. Department of State." (c) Exceptions. (1) Notwithstanding subdivision (b) of this section, a licensee that is licensed to install, service, or maintain security or fire alarm systems in another State, may substitute the required statement with the following which shall be clearly and conspicuously displayed: "Please visit for our license information." (2) A licensee that provides the statement contained in subdivision (c)(1) of this section must clearly and conspicuously display, on the landing page of such website, the following statement: "Licensed by the N.Y.S. Department of State."

19 NYCRR 195.17 - Statement of licensure

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All documents or receipts issued by an individual or business licensed pursuant to this article must contain the identification number issued to such individual or business and the phrase “licensed by the N.Y.S. Department of State.”

19 NYCRR 195.18 - Special licensure requirements under articles 7 and 7-A

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(a)A business licensed pursuant to article 6-D of the General Business Law (licensed business) which employs security guards as that term is defined in General Business Law, article 7-A will be required to be licensed pursuant to Private Investigator, Watch, Guard or Patrol Agency License Law (General Business Law, article 7) and to comply with the security guard registration requirements of the Security Guard Act (General Business Law, article 7-A). An example of such security guard employment is the use of security personnel to respond to an alarm and secure a protected premises.

(b)A licensed business which does not provide security response service to the protected premises or otherwise employs security guards, but which provides response service with technicians only to check or service the alarm system, will not require licensure under article 7 of the General Business Law.

19 NYCRR 195.19 - Insurance

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(a)All businesses licensed pursuant to this article who employ security guards as that term is defined in General Business Law, article 7-A must maintain insurance as defined: all security guard companies other than public entities which are self-insured shall file with the department a certificate of insurance evidencing comprehensive general liability coverage from an insurance company licensed to do business in this State for death and personal injury, which coverage shall include false arrest or false imprisonment, malicious prosecution, libel, slander, and violation of right of privacy, in the minimum amount of $100,000 per occurrence and $300,000 in the aggregate. The certificate shall provide that the insurance shall not be modified or cancelled unless 30 days prior notice shall be given to the department.

(b)After the effective date of this article, no security guard company shall knowingly have in its employ a security guard unless such coverage is in force and such certificate is filed with the department. Public entities which are self-insured shall file a statement to that effect satisfactory to the secretary in lieu of a certificate of insurance.

19 NYCRR 195.20 - Enforcement

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All employees of the security guard company shall be subject to the enforcement provisions contained in article 7 of the General Business Law.

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