9.1-138 - Definitions.
§ 9.1-138. Definitions.
In addition to the definitions set forth in § 9.1-101, as usedin this article, unless the context requires a different meaning:
"Alarm respondent" means an individual who respondsto the signal of an alarm for the purpose of detecting an intrusion of thehome, business or property of the end user.
"Armed" means a private security registrant whocarries or has immediate access to a firearm in the performance of his duties.
"Armed security officer" means a natural personemployed to (i) safeguard and protect persons and property or (ii) deter theft,loss, or concealment of any tangible or intangible personal property on thepremises he is contracted to protect, and who carries or has access to a firearmin the performance of his duties.
"Armored car personnel" means persons who transportor offer to transport under armed security from one place to another, money,negotiable instruments or other valuables in a specially equipped motor vehiclewith a high degree of security and certainty of delivery.
"Business advertising material" means displayadvertisements in telephone directories, letterhead, business cards, localnewspaper advertising and contracts.
"Central station dispatcher" means an individual whomonitors burglar alarm signal devices, burglar alarms or any other electrical,mechanical or electronic device used (i) to prevent or detect burglary, theft,shoplifting, pilferage or similar losses; (ii) to prevent or detect intrusion;or (iii) primarily to summon aid for other emergencies.
"Certification" means the method of regulationindicating that qualified persons have met the minimum requirements as privatesecurity services training schools, private security services instructors,compliance agents, or certified detector canine handler examiners.
"Compliance agent" means an individual who owns oris employed by a licensed private security services business to ensure thecompliance of the private security services business with this title.
"Courier" means any armed person who transports oroffers to transport from one place to another documents or other papers,negotiable or nonnegotiable instruments, or other small items of value thatrequire expeditious services.
"Detector canine" means any dog that detects drugsor explosives.
"Detector canine handler" means any individual whouses a detector canine in the performance of private security duties.
"Detector canine handler examiner" means anyindividual who examines the proficiency and reliability of detector canines anddetector canine handlers in the detection of drugs or explosives.
"Detector canine team" means the detector caninehandler and his detector canine performing private security duties.
"Electronic security business" means any person whoengages in the business of or undertakes to (i) install, service, maintain,design or consult in the design of any electronic security equipment to an enduser; (ii) respond to or cause a response to electronic security equipment foran end user; or (iii) have access to confidential information concerning thedesign, extent, status, password, contact list, or location of an end user'selectronic security equipment.
"Electronic security employee" means an individualwho is employed by an electronic security business in any capacity which maygive him access to information concerning the design, extent, status, password,contact list, or location of an end user's electronic security equipment.
"Electronic security equipment" means (i) electronicor mechanical alarm signaling devices including burglar alarms or holdup alarmsused to safeguard and protect persons and property; or (ii) cameras used todetect intrusions, concealment or theft, to safeguard and protect persons andproperty. This shall not include tags, labels, and other devices that areattached or affixed to items offered for sale, library books, and otherprotected articles as part of an electronic article surveillance and theftdetection and deterrence system.
"Electronic security sales representative" means anindividual who sells electronic security equipment on behalf of an electronicsecurity business to the end user.
"Electronic security technician" means an individualwho installs, services, maintains or repairs electronic security equipment.
"Electronic security technician's assistant" meansan individual who works as a laborer under the supervision of the electronicsecurity technician in the course of his normal duties, but who may not makeconnections to any electronic security equipment.
"Employed" means to be in an employer/employeerelationship where the employee is providing work in exchange for compensationand the employer directly controls the employee's conduct and pays some taxeson behalf of the employee. The term "employed" shall not be construedto include independent contractors.
"End user" means any person who purchases or leaseselectronic security equipment for use in that person's home or business.
"Firearms training verification" means theverification of successful completion of either initial or retrainingrequirements for handgun or shotgun training, or both.
"General public" means individuals who have accessto areas open to all and not restricted to any particular class of thecommunity.
"Key cutting" means making duplicate keys from anexisting key and includes no other locksmith services.
"License number" means the official number issued toa private security services business licensed by the Department.
"Locksmith" means any individual that performslocksmith services, or advertises or represents to the general public that theindividual is a locksmith even if the specific term locksmith is substitutedwith any other term by which a reasonable person could construe that theindividual possesses special skills relating to locks or locking devices,including use of the words lock technician, lockman, safe technician, safeman,boxman, unlocking technician, lock installer, lock opener, physical securitytechnician or similar descriptions.
"Locksmith services" mean selling, servicing,rebuilding, repairing, rekeying, repinning, changing the combination to anelectronic or mechanical locking device; programming either keys to a device orthe device to accept electronic controlled keys; originating keys for locks orcopying keys; adjusting or installing locks or deadbolts, mechanical orelectronic locking devices, egress control devices, safes, and vaults; opening,defeating or bypassing locks or latching mechanisms in a manner other thanintended by the manufacturer; with or without compensation for the generalpublic or on property not his own nor under his own control or authority.
"Natural person" means an individual person.
"Personal protection specialist" means anyindividual who engages in the duties of providing close protection from bodilyharm to any person.
"Private investigator" means any individual whoengages in the business of, or accepts employment to make, investigations toobtain information on (i) crimes or civil wrongs; (ii) the location,disposition, or recovery of stolen property; (iii) the cause of accidents,fires, damages, or injuries to persons or to property; or (iv) evidence to beused before any court, board, officer, or investigative committee.
"Private security services business" means anyperson engaged in the business of providing, or who undertakes to provide,armored car personnel, security officers, personal protection specialists,private investigators, couriers, security canine handlers, security canine teams,detector canine handlers, detector canine teams, alarm respondents, locksmiths,central station dispatchers, electronic security employees, electronic securitysales representatives or electronic security technicians and their assistantsto another person under contract, express or implied.
"Private security services instructor" means anyindividual certified by the Department to provide mandated instruction inprivate security subjects for a certified private security services trainingschool.
"Private security services registrant" means anyqualified individual who has met the requirements under this article to performthe duties of alarm respondent, locksmith, armored car personnel, centralstation dispatcher, courier, electronic security sales representative,electronic security technician, electronic security technician's assistant,personal protection specialist, private investigator, security canine handler,detector canine handler, unarmed security officer or armed security officer.
"Private security services training school" meansany person certified by the Department to provide instruction in privatesecurity subjects for the training of private security services businesspersonnel in accordance with this article.
"Registration" means a method of regulation wherebycertain personnel employed by a private security services business are requiredto register with the Department pursuant to this article.
"Registration category" means any one of thefollowing categories: (i) unarmed security officer and armed security officer/courier,(ii) security canine handler, (iii) armored car personnel, (iv) privateinvestigator, (v) personal protection specialist, (vi) alarm respondent, (vii)central station dispatcher, (viii) electronic security sales representative,(ix) electronic security technician, (x) electronic technician's assistant,(xi) detector canine handler, or (xii) locksmith.
"Security canine" means a dog that has attended,completed, and been certified as a security canine by a certified securitycanine handler instructor in accordance with approved Department procedures andcertification guidelines. "Security canines" shall not includedetector dogs.
"Security canine handler" means any individual whoutilizes his security canine in the performance of private security duties.
"Security canine team" means the security caninehandler and his security canine performing private security duties.
"Supervisor" means any individual who directly orindirectly supervises registered or certified private security servicesbusiness personnel.
"Unarmed security officer" means a natural personwho performs the functions of observation, detection, reporting, ornotification of appropriate authorities or designated agents regarding personsor property on the premises he is contracted to protect, and who does not carryor have access to a firearm in the performance of his duties.
(1976, c. 737, § 54-729.27; 1977, c. 376, § 54.1-1900; 1980,c. 425, cc. 57, 779; 1988, c. 765; 1992, c. 578, § 9-183.1; 1994, cc. 45, 335,810; 1995, c. 79; 1996, c. 541; 1997, c. 80; 1998, cc. 122, 807; 1999, c. 33;2001, cc. 821, 844; 2003, c. 124; 2004, c. 470; 2005, c. 365; 2008, c. 638;2009, c. 375.)