(a) No person shall engage in or hold out as engaging in the business of an alarm systems contractor without first being certified in accordance with this part.
Terms Used In Tennessee Code 62-32-304
Alarm systems contractor: means any person, firm, association or corporation that sells or attempts to sell, installs, services or monitors alarm systems, signal devices, fire alarms, burglar alarms, television cameras or still cameras used to detect fire, burglary, breaking or entering, intrusion, shoplifting, pilferage or theft. See Tennessee Code 62-32-303
Business entity: means each location from which alarm systems are sold, installed or serviced. See Tennessee Code 62-32-303
Certification: means the authority granted by the commissioner to do business as an alarm systems contractor. See Tennessee Code 62-32-303
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Good moral character: means an individual with high legal, moral and ethical values. See Tennessee Code 62-32-303
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Qualifying agent: means any individual licensed by the commissioner whose qualifications have been demonstrated to the commissioner for overseeing and supervising alarm systems contractor operations of any classification or combination of classifications. See Tennessee Code 62-32-303
(b) No person shall do business under this part unless the business entity has in its employ a qualifying agent who meets the requirements for licensing by the commissioner and who is, in fact, licensed under this part. The qualifying agent who is licensed under this part shall be in a management position and be responsible for overseeing the quality of operations of the alarm systems contractor.(c) In the event that the qualifying agent upon whom the business entity relies in order to do business ceases to perform the agent’s duties as qualifying agent, the business entity shall notify the commissioner within ten (10) working days. The business entity must obtain a substitute qualifying agent within thirty (30) days after the original qualifying agent ceases to serve as qualifying agent unless the commissioner, in its discretion, extends this period for good cause for a period not to exceed three (3) months.(d) The certification application shall designate at least one (1) qualifying agent who is or shall be licensed for each classification of service to be performed by the certified business entity. No qualifying agent who has been so designated may serve on behalf of or be employed by any other business entity. The certification application shall designate for which classification or classifications the applicant is seeking a certification.(e) No alarm systems contractor may participate in a joint venture to provide equipment or services that require certification under this part unless all parties to the joint venture are certified in accordance with this part.(f) No contractor may subcontract the provision of equipment or services requiring a certification under this part to any uncertified person, firm, association or corporation except as provided in § 62-32-305(7).(g) No alarm systems contractor shall retain as an employee any person known not to be of good moral character.(h) No person shall act as an alarm systems contractor under a certification without having a licensed qualified agent who holds a valid license in the category for which business is sought or work is to be done.(i) No person shall act as a qualified agent without a valid license issued by the commissioner.(j) No person shall sell and install, service, monitor or respond to alarm signals, signal devices, fire alarms, burglar alarms, television or still cameras used to detect fire, burglary, breaking or entering, intrusion, shoplifting, pilferage or theft in violation of this part or the rules adopted under this part.(k) No person shall advise anyone as to the need, quantity or quality of alarm systems and sell the systems unless certified, licensed or registered under this part.
