9.1-140 - Exceptions from article; training requirements for out-of-state central station dispatchers.
§ 9.1-140. Exceptions from article; training requirements for out-of-statecentral station dispatchers.
The provisions of this article shall not apply to:
1. An officer or employee of the United States, the Commonwealth, or apolitical subdivision of either, while the officer or employee is performinghis official duties.
2. A person, except a private investigator as defined in § 9.1-138, engagedexclusively in the business of obtaining and furnishing information regardingan individual's financial rating or a person engaged in the business of aconsumer reporting agency as defined by the Federal Fair Credit Reporting Act.
3. An attorney or certified public accountant licensed to practice inVirginia or his employees.
4. The legal owner of personal property which has been sold under anysecurity agreement while performing acts relating to the repossession of suchproperty.
5. A person receiving compensation for private employment as a securityofficer, or receiving compensation under the terms of a contract, express orimplied, as a security officer, who is also a law-enforcement officer asdefined by § 9.1-101 and employed by the Commonwealth or any of its politicalsubdivisions.
6. Any person appointed under § 46.2-2003 or 56-353 while engaged in theemployment contemplated thereunder, unless they have successfully completedtraining mandated by the Department.
7. Persons who conduct investigations as a part of the services beingprovided as a claims adjuster, by a claims adjuster who maintains an ongoingclaims adjusting business, and any natural person employed by the claimsadjuster to conduct investigations for the claims adjuster as a part of theservices being provided as a claims adjuster.
8. Any natural person otherwise required to be registered pursuant to §9.1-139 who is employed by a business that is not a private security servicesbusiness for the performance of his duties for his employer. Any suchemployee, however, who carries a firearm and is in direct contact with thegeneral public in the performance of his duties shall possess a validregistration with the Department as required by this article.
9. Persons, sometimes known as "shoppers," employed to purchase goods orservices solely for the purpose of determining or assessing the efficiency,loyalty, courtesy, or honesty of the employees of a business establishment.
10. Licensed or registered private investigators from other states enteringVirginia during an investigation originating in their state of licensure orregistration when the other state offers similar reciprocity to privateinvestigators licensed and registered by the Commonwealth.
11. Unarmed regular employees of telephone public service companies where theregular duties of such employees consist of protecting the property of theiremployers and investigating the usage of telephone services and equipmentfurnished by their employers, their employers' affiliates, and othercommunications common carriers.
12. An end user.
13. A material supplier who renders advice concerning the use of productssold by an electronics security business and who does not provideinstallation, monitoring, repair or maintenance services for electronicsecurity equipment.
14. Members of the security forces who are directly employed by electricpublic service companies.
15. Any professional engineer or architect licensed in accordance withChapter 4 (§ 54.1-400 et seq.) of Title 54.1 to practice in the Commonwealth,or his employees.
16. Any person who only performs telemarketing or schedules appointmentswithout access to information concerning the electronic security equipmentpurchased by an end user.
17. Any certified forensic scientist employed as an expert witness for thepurpose of possibly testifying as an expert witness.
18. Members of the security forces who are directly employed by shipyardsengaged in the construction, design, overhaul or repair of nuclear vesselsfor the United States Navy.
19. An out-of-state central station dispatcher employed by a private securityservices business licensed by the Department provided he (i) possesses andmaintains a valid license, registration, or certification as a centralstation dispatcher issued by the regulatory authority of the state in whichhe performs the monitoring duties and (ii) has submitted his fingerprints tothe regulatory authority for the conduct of a national criminal historyrecords search.
20. Any person, or independent contractor or employee of any person, who (i)exclusively contracts directly with an agency of the federal government toconduct background investigations and (ii) possesses credentials issued bysuch agency authorizing such person, subcontractor or employee to conductbackground investigations.
21. Any person whose occupation is limited to the technical reconstruction ofthe cause of accidents involving motor vehicles as defined in § 46.2-100,regardless of whether the information resulting from the investigation is tobe used before a court, board, officer, or investigative committee, and whois not otherwise a private investigator as defined in § 9.1-138.
22. Retail merchants performing locksmith services, selling locks or engagedin key cutting activities conducted at the business location who do notrepresent themselves to the general public as locksmiths.
23. Law enforcement, fire, rescue, emergency service personnel, or otherpersons performing locksmith services in an emergency situation withoutcompensation and who do not represent themselves to the general public aslocksmiths.
24. Motor vehicle dealers as defined in § 46.2-1500 performing locksmithservices who do not represent themselves to the general public as locksmiths.
25. Taxicab and towing businesses performing locksmith services that do notrepresent themselves to the general public as locksmiths.
26. Contractors licensed under Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1performing locksmith services when acting within the scope of such licensewho do not represent themselves to the general public as locksmiths.
27. Any contractor as defined in § 54.1-1100 (i) who is exempt from thelicensure requirements of Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1,(ii) where the total value referred to in a single contract or project isless than $1,000, (iii) when the performance of locksmith services isancillary to the work performed by such contractor, and (iv) who does notrepresent himself to the general public as a locksmith.
28. Any individual, employed by a retail merchant that also holds a privatesecurity services business license as a locksmith, where such individual'sduties relating to such license are limited to key cutting and the keycutting is performed under the direct supervision of the licensee.
(1976, c. 737, § 54-729.28; 1977, c. 376, § 54.1-1901; 1981, c. 538; 1983, c.569; 1984, c. 375; 1988, c. 765; 1992, c. 578, § 9-183.2; 1994, cc. 45, 810;1995, c. 79; 1996, cc. 541, 543, 576; 1997, cc. 80, 204; 2000, c. 26; 2001,cc. 388, 650, 821, 844; 2002, cc. 578, 597; 2003, c. 136; 2008, c. 638; 2009,c. 225.)