§ 8-421. General rules and regulations.

(a)

Establishment of office of alarm administrator. There is hereby established the office of alarm administrator under the supervision of the treasurer of the City of Memphis, to oversee the installation, service, maintenance and use of alarm security systems in the City of Memphis and unincorporated areas of the county, who shall be in charge of operations. Said office shall be operated as a self-funding unit, any revenues received by such office to be used exclusively for the continued operation of said office. All funds received through the office shall be returned for the office use and not included in the city or county general fund revenues. Should any fiscal period reveal a deficiency, the city and county may contribute additional funding to the office to cover the deficiency.

(b)

Metro alarm administrator. The metro alarm administrator shall act as executive director, and his appointment shall be by the Metro Alarm Review Board with approval of the mayor of the City of Memphis and the board of county commissioners. The metro alarm administrator shall:

(1)

Designate a method and form for verification.

(2)

Designate a method, form, and telephone numbers for the communication of alarm dispatch requests.

(3)

Develop a procedure to verify cancellations of alarm dispatch requests.

(4)

Develop a check system to ensure that monitoring service companies are verifying alarms, calling notification lists, and notifying the alarm dispatch centers of alarm cancellations.

(5)

Oversee the creation and implementation of an alarm user training class to include a false alarm user awareness class.

(c)

Metro Alarm Review Board. Appeals will be heard by the Metro Alarm Review Board. The Metro Alarm Review Board shall consist of six members as follows: A dispatcher or other person appointed by the director of the police services; a dispatcher or other person appointed by the sheriff of the county; two local alarm business representatives appointed by the western region members of the TBFAA Alarm Association; and two members of the public at-large, one shall be a citizen of the City of Memphis and shall be appointed by the city mayor and one shall be a citizen of the unincorporated areas of the county and shall be appointed by the county mayor. The appointment by the county mayor is subject to ratification by the board of county commissioners.

(d)

Duties of Metro Alarm Review Board.

(1)

The Metro Alarm Review Board may promulgate reasonable written standards, rules, and regulations that may be necessary for the purposes of assuring the quality, efficiency, and effectiveness of police emergency alarm communications and of administering and enforcing the provision of this article. Such standards, rules, and regulations shall be open to inspection by the public.

(2)

As of the effective date of the ordinance from which this section is derived, no person shall engage in or hold themselves out as engaging in alarm or alarm systems contracting without first being certified in accordance with this article, unless such person is required to be licensed under the state alarm contractors licensing law.

(3)

No person shall do business under this article unless the business entity has in its employ a qualifying agent who is duly licensed under the state alarm systems contractors licensing law or, if exempt from said law, is duly licensed as set forth under the provisions of this article. The qualifying agent, who is licensed under this article, shall be in a management position and be responsible for overseeing the quality of operations of the alarm business.

(4)

In the event that the qualifying agent of an alarm business ceases to perform such agent's duties as qualifying agent, the business entity shall notify the board within 30 working days. The business entity shall obtain a substitute qualifying agent within 30 days after the original qualifying agent ceases to serve as qualifying agent unless the board, in its discretion, extends this period for good cause for a period not to exceed three months.

(5)

The certification application shall designate at least one qualifying agent who is or shall be licensed for the certified business. The certification application shall designate for which classification the applicant is seeking a certification.

(6)

No alarm business contractor may participate in a joint venture to provide equipment or services which require certification under this article unless all parties to the joint venture are certified in accordance with this article.

(7)

No alarm business may subcontract the provision of equipment or services requiring a certification under this article to any uncertified person, firm, or association.

(8)

No person shall act as an alarm business contractor under a certification without having a licensed qualifying agent who holds a valid license in the category for which business is sought or work is to be done.

(9)

No person shall act as a qualifying agent without a valid license issued by the Metro Alarm Review Board, unless such person is required to be licensed under the state alarm contractors licensing law.

(10)

No person shall sell and install, service, monitor, or respond to alarm signals, signal devices, burglar alarms, television or still cameras used to detect burglary, breaking and/or entering, intrusion, shoplifting, pilferage or theft in violation of this article or the rules adopted hereunder.

(11)

No person shall advise anyone as to the need, quantity, or quality of alarm systems and sell such systems unless certified, licensed, or registered as may be required under this article.

(Code 1992, § 7-312; Ord. No. 208, § 1, 3-22-1999; Ord. No. 260, §§ 10—13, 1-28-2002)