§ 34-1A-6 — Licenses - Exceptions

The licensing and regulatory provision of this chapter shall not apply to any of the following persons, entities, or activities:
(1) The installation, servicing, monitoring, or responding to an alarm device which is installed in a motor vehicle, aircraft, or boat.
(2) The installation of an alarm system on property owned by or leased to the installer.
(3) A person or business entity who owns, installs, services, or monitors alarm systems, CCTV systems, electronic access control systems, or mechanical locking systems, on property owned by or leased to him or her or the business entity or, if the person or business entity does not charge for the system or its installation, installs it for the protection of his or her personal property located on the property of another, and does not install or monitor the system as a normal business practice on the property of another.
(4) A person or business entity whose sale of an alarm system, CCTV system, electronic access control system, or mechanical lock is over-the-counter or by telephone, Internet, or mail order and the person or business entity does not engage in the installation or service of the system or locking mechanism in the state.
(5) A person or business entity in the business of building construction that installs electrical wiring and devices that may include in part the installation of an alarm system if both of the following apply:
a. The person or business entity is a party to a contract that provides that the installation shall be performed under the direct supervision of, inspected, and certified by a person or business entity licensed to install an alarm system and that the licensee assumes full responsibility for the installation and service of the alarm system.
b. The person or business entity does not service, monitor, or maintain the alarm system.
(6) The response to an alarm system or lockout by a law enforcement agency or by a law enforcement officer or emergency response officer acting in an official capacity.
(7) A business that engages in the installation or operation of telecommunications facilities or equipment which are used for the transport of any signal, data, or information outside the continuous premises on which any alarm system is installed or maintained.
(8) Any business entity, business owner, or person, or the agent or employee of the business entity, business owner, or person engaging in the routine visual inspection or manufacturer’s or installer’s recommended testing of an alarm system subject to this chapter owned by the business entity, business owner, or person and installed on property under the control of the business entity, business owner, or person.
(9) Any real estate licensee operating within the scope of his or her license on behalf of a customer or client, or under a written property management service agreement or sales agreement, or any business entity, or person, or those engaged in property management, or agent or subcontractors or employees thereof, who, in the normal course of business, engage in the routine inspection, service, or replacement of alarm systems, fire alarm or fire/smoke detection systems, fire communication systems, or security devices subject to this chapter, on or in property owned or under the control of the business entity, or person, or property manager.
(10) Consulting engineers who design, develop, modify, or offer other services within the scope of their profession regarding alarm systems.
(11) A licensed general contractor and the employees of the contractor whose activities are limited to the projects that qualify for a license by the State Licensing Board for General Contractors under Chapter 8 of this title and rules adopted pursuant to that chapter.
(12) A licensed electrician, master electrician, or electrical contractor who is licensed by the city, county, or state and their employees whose activities are limited to the projects of the licensed electrician, master electrician, and electrical contractor. To claim the exemption, the person or business entity may not service, monitor, maintain, or sell the system and may not be in the business of servicing, monitoring, maintaining, or selling the system. If the person or business entity is in the business of providing these services, the person or business entity shall be licensed by the board. This exemption only applies to the installation of wiring or equipment, or both, and does not extend to the activation of the equipment, the maintenance of the equipment, or the monitoring of the equipment, which may only be performed by a licensee of the board.
(13) A licensed homebuilder and the employees of the homebuilder whose activities are limited to the projects of the licensed homebuilder.
(14) A new motor vehicle dealer, as defined in Section 40-12-390 and licensed by the Department of Revenue, and employees of the dealer who are replacing or repairing locks or burglar alarm systems on motor vehicles in the dealer’s inventory or on customer-owned vehicles delivered to the dealer for repair.
(15) The replacement of a thermostat or controlling device to an existing HVAC system that utilizes the existing wiring system without alteration or replacement of the existing circuitry, electronic alarm, CCTV, or access control system.
(16) An automobile club or association that holds a certificate of authority under Chapter 39 of Title 27, and any subcontractor of the club or association that unlocks vehicles at the request of the owner, authorized operator, or occupant of the vehicle and does not advertise services as a locksmith or otherwise perform locksmith services.

Legislative History

(Acts 1997, No. 97-711, p. 1465, §6; Act 2000-143, p. 203, §3; Act 2004-103, p. 137, §3; Act 2006-541, p. 1250, §1; Act 2013-221, p. 513, §1; Act 2018-548, §1.)