Ark. Code § 17-40-102

Current with legislation from 2024 Fiscal and Special Sessions.

Section 17-40-102 - Definitions

As used in this chapter:

(1) "Alarm systems agent" means an individual employed by an alarm systems company who sells on site, performs a survey of the premises to be protected, or responds to alarm signal devices, burglar alarms, or cameras;

(2) "Alarm systems apprentice" means an individual employed by an alarm systems company who installs, services, or repairs on site and who is supervised by an alarm systems technician, a supervisor of technicians, or a manager;

(3) "Alarm systems company" means a person, firm, association, or corporation that for a fee or other valuable consideration installs, services, sells on site, performs a survey of the premises to be protected, monitors, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, television cameras, or still cameras used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity;

(4) "Alarm systems monitor" means an individual employed by an alarm systems company who monitors or responds to an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity;

(5) "Alarm systems technician" means an individual employed by an alarm systems company who installs, services, or repairs on site an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity;

(6) "Arkansas Fire Prevention Code" means the International Fire Code, the International Building Code, and the International Residential Code for One- and Two-Family Dwellings as published by the International Code Council, and the rules as amended and adopted by the State Fire Marshal;

(7) "Armored car company" means a person that provides armed security transportation and protection of money, currency, coins, bullion, securities, bonds, jewelry, or other valuables from one place or point to another place or point;

(8)

(A) "Assistant training administrator" means a person employed by a licensed company who may assist the training administrator with conducting the training of security personnel.

(B) The assistant training administrator shall certify to the Director of the Division of Arkansas State Police that the required training has been completed;

(9) "Burglar alarm" means a system designed to detect intrusion or unauthorized entry into a building, premises, or area;

(10) "Commissioned school security officer" means a private security officer who:

(A) Provides security for the school; and

(B) Has received an authorization issued by the director to carry a firearm in the course of his or her employment;

(11) "Commissioned security officer" means a private security officer to whom an authorization to carry a firearm in the course of his or her employment has been issued by the director;

(12) "Consumer reporting agency" means a person that employs an individual who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports;

(13) "Convicted" means that a person pleaded guilty or nolo contendere to or was found guilty of a criminal offense, including a conviction that has been sealed or expunged;

(14) "Credential" means an authorization granted by the Division of Arkansas State Police to an individual to perform the duties of a private investigator, alarm systems monitor, alarm systems apprentice, alarm systems technician, alarms systems agent, private security officer, commissioned security officer, commissioned school security officer, assistant training administrator, training administrator, training instructor, manager, or branch office manager;

(15) "ESA" means the Electronic Security Association;

(16)

(A) "Firearm" means a device designed, made, or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use.

(B) "Firearm" includes:

(i) A device described in subdivision (16)(A) of this section that is not loaded or lacks a clip or another component to render it immediately operable; and

(ii) Components that can readily be assembled into a device described in subdivision (16)(A) of this section;

(17) "Guard company" means a person engaging in the business of providing or undertaking to provide services on a contractual basis for another person and performing one (1) or more of the following or similar functions:

(A) Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property;

(B) Prevention, observation, or detection of any unauthorized activity on private property;

(C) Control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of property; or

(D) Protection of individuals from bodily harm;

(18)

(A) "Investigations company" means a person or entity that engages in the business or accepts employment to obtain or furnish information with reference to:

(i) Crime or wrongs done or threatened against the United States or any state or territory of the United States;

(ii) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person;

(iii) The location, disposition, or recovery of lost or stolen property;

(iv) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or

(v) The securing of evidence to be used before any court, board, officer, or investigating committee.

(B)

(i) A Class A investigations company may employ one (1) or more credentialed individuals.

(ii) A Class D investigations company may not employ more than one (1) credentialed individual;

(19) "License" means a permit granted by the director entitling a person to operate as a security services contractor, an investigations company, or an alarm systems company;

(20) "Licensee" means a person to whom a license is granted under this chapter;

(21) "Manager" means, in the case of a corporation, an officer or supervisor or, in the case of a partnership, a general or unlimited partner meeting the experience qualifications for managing a security services contractor, private business, or an investigations company;

(22) "Monitoring" means to observe, watch, surveil, and make appropriate response to an electrical, electronic, or mechanical alarm signal device, burglar alarm, television camera, or still camera used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity;

(23) "NBFAA" means the National Burglar and Fire Alarm Association;

(24) "NFPA" means the National Fire Protection Association;

(25) "NICET" means the National Institute for Certification in Engineering Technologies;

(26) "Person" means an individual, firm, association, company, partnership, corporation, nonprofit organization, institution, or similar entity;

(27) "Private investigator" means a person who engages in the business or accepts employment to obtain or furnish information with reference to:

(A) A crime or wrong done or threatened against the United States or any state or territory of the United States;

(B) The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of a person;

(C) The location, disposition, or recovery of lost or stolen property;

(D) The cause or responsibility for fires, libels, losses, accidents, damages, or injuries to persons or to property; or

(E) The securing of evidence to be used before a court, board, officer, or investigating committee;

(28) "Private school" means the property, grounds, or students of a private school for grades prekindergarten through twelve (preK-12), including a daycare program operated by the school;

(29) "Private security officer" means an individual employed by a security services contractor or the security department of a private business or armored car company to perform at least one (1) of the following duties:

(A) Prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on private property;

(B) Prevention, observation, or detection of any unauthorized activity on private property;

(C) Control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, only to the extent and for the time directly and specifically required to assure the protection of property;

(D) Protection of individuals from bodily harm; or

(E) Providing of armed security transportation and protection of money, currency, coins, bullion, securities, bonds, jewelry, or other valuable items from one place to another place;

(30) "Public charter school" means a conversion public charter school, an open-enrollment public charter school, or a limited public charter school;

(31) "School" means a school district, public charter school, or private school, including any daycare program operated by the school;

(32) "School district" means the property, grounds, or students of a school for grades prekindergarten through twelve (preK-12), including any daycare program operated by the school;

(33) "Security department of a private business or school" means the security department of a person or school if the general purpose of the security department is the protection and security of its own property, grounds, or students and if it does not offer or provide security services to any other person or school;

(34) "Security services contractor" means a guard company or armored car company;

(35) "Single-station alarm systems company" means a person that for a fee or other valuable consideration installs, services, or sells on site fire, smoke, or heat detectors to be installed in a one-family or two-family dwelling or that performs a survey of the premises to be protected if the detectors are single-station installations and not a part of or connected to any other detection device or system;

(36) "Supervisor of technicians" means an individual employed by an alarm systems company who supervises alarm systems technicians or alarm systems apprentices and who may install, service, or repair on site, or who performs a survey of the premises to be protected, monitors, or responds to electrical, electronic, or mechanical alarm signal devices, burglar alarms, television cameras, or still cameras used to manually or automatically signal or detect burglary, fire, breaking or entering, shoplifting, pilferage, theft, holdup, or other illegal or unauthorized activity;

(37)

(A) "Training administrator" means a person employed by a licensed company designated by a Class B, Class C, or Class G company designation or by the security department of a private business to conduct training for the security personnel.

(B) The training administrator shall certify to the director that the required training has been completed;

(38)

(A) "Training instructor" means a person employed by a licensed company who may assist the training administrator with conducting the training of security personnel.

(B) However, a training instructor shall not certify that the required training has been completed; and

(39) "Undercover agent" means an individual hired by another individual, partnership, corporation, or other business entity to perform a job for that individual, partnership, corporation, or other business entity and, while performing the job, to act as an undercover agent, employee, or independent contractor of a licensee, and supervised by a licensee.

Ark. Code § 17-40-102

Amended by Act 2019, No. 910,§ 5960, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5959, eff. 7/1/2019.

Amended by Act 2015, No. 393,§ 40, eff. 9/1/2015.

Acts 1977, No. 429, § 2; 1979, No. 907, §§ 1-3; 1983, No. 899, §§ 1, 2; 1985, No. 1004, §§ 13-15; A.S.A. 1947, § 71-2123; Acts 1989, No. 651, § 1; 1989, No. 926, § 1; 1999, No. 1493, § 1; 2001, No. 1474, § 1.