Section 34-1A-6

License - Exceptions.

The licensing and regulatory provision of this chapter shall not apply to any of the following persons, entities, or activities:

(1) A person or business entity which only sells alarm systems at the premises of a customer, but does not enter the premises of the customer or install, service, or respond to the alarm system at the premises of the customer.

(2) The installation, servicing, or responding to an alarm device which is installed in a motor vehicle, aircraft, or boat.

(3) The installation of an alarm system on property owned by or leased to the installer.

(4) A locksmith who does not install or service alarm systems.

(5) A person or business entity who owns or installs alarm systems, on his or her own property or, if he or she 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 the system as a normal business practice on the property of another.

(6) A person or business entity whose sale of an alarm system is exclusively over-the-counter or by mail order.

(7) 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 or maintain the alarm system.

(8) The response to an alarm system by a law enforcement agency or by a law enforcement officer acting in an official capacity.

(9) 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.

(10) Any business entity, business owner, or person, or the agent or employee of such 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.

(11) 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 such 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 such business entity, or person, or property manager.

(12) Consulting engineers who design, develop, modify, or offer other services within the scope of their profession regarding alarm systems.

(13) A licensed general contractor and the employees of the contractor whose activities are limited to the projects of the licensed general contractor.

(14) An electrician who is licensed by the state as an electrical contractor or an electrician who is licensed by the city or county as a master electrician.

(15) A licensed homebuilder and the employees of the homebuilder whose activities are limited to the projects of the licensed homebuilder.

(Acts 1997, No. 97-711, §6; Act 2000-143, p. 203, §3.)