S2419

An Act concerning perimeter fence intrusion protection systems and other alarm systems, amending and supplementing P.L.1962, c.162, and amending P.L.1997, c.305.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1962, c.162 (C.45:5A-2) is amended to read as follows:

2. For the purpose of this act, unless otherwise indicated by the context:

(a) "Act" means this act, P.L.1962, c.162 (C.45:5A-1 et seq.) and the rules and regulations adopted under it;

(b) "Board" means the Board of Examiners of Electrical Contractors created by section 3 of this act;

(d) "Electrical contractor" means a person who engages in the business of contracting to install, erect, repair or alter electrical equipment for the generation, transmission or utilization of electrical energy;

(e) "Person" means a person, firm, corporation or other legal entity;

(f) "Alarm business" means the sales, installation, servicing or maintenance of burglar alarm, fire alarm or electronic security systems, or the monitoring or responding to alarm signals when provided in conjunction therewith. “Alarm business” shall also include the installation, sales, servicing or maintenance of a smoke detection system or a smoke aspiration system in one or two family detached residential dwellings, or both; and the type of alarm business that engages in the installation, sales, servicing or maintenance of (1) perimeter intrusion protection systems; (2) unmanned aerial drones used to protect a premise, building, or complex; and (3) any artificial intelligence and evolving technology used for physical security applications consisting of a device or machine, computer or software used for detection, security, surveillance, monitoring of unauthorized access, providing a warning of intrusion, which is designed to discourage crime or warn of potential threats using unmanned aerial drones, robots or machines or computer technology with minimal human intervention. "Installation," as used in this definition, includes the survey of a premises, the design and preparation of the specifications for the equipment or system to be installed pursuant to a survey, the installation of the equipment or system, or the demonstration of the equipment or system after the installation is completed, but does not include any survey, design or preparation of specifications for equipment or for a system that is prepared by an engineer licensed pursuant to the provisions of P.L.1938, c.342 (C.45:8-27 et seq.), or an architect licensed pursuant to the provisions of chapter 3 of Title 45 of the Revised Statutes, if the survey, design, or preparation of specifications is part of a design for construction of a new building or premises or a renovation of an existing building or premises, which renovation includes components other than the installation of a burglar alarm, fire alarm or electronic security system, and further does not include the design or preparation of specifications for the equipment or system to be installed that are within the practice of professional engineering as defined in subsection (b) of section 2 of P.L.1938, c.342 (C.45:8-28);

(g) "Burglar alarm" means a security system comprised of an interconnected series of alarm devices or components, including systems interconnected with radio frequency signals, or Internet protocol and any successor protocols, which emits an audible, visual or electronic signal indicating an alarm condition and providing a warning of intrusion, which is designed to discourage crime. “Burglar alarms” include but are not limited to perimeter intrusion protection systems and perimeter fence intrusion protection systems;

(h) "Business firm" means a partnership, corporation or other business entity engaged in the alarm business or locksmithing services;

(i) "Committee" means the Fire Alarm, Burglar Alarm, and Locksmith Advisory Committee created by section 3 of P.L.1997, c.305 (C.45:5A-23);

(j) "Electronic security system" means a security system comprised of an interconnected series of devices or components, or Internet protocol and any successor protocols, including systems with audio and video signals, or perimeter intrusion protection systems, or other electronic systems, which emits or transmits an audible, visual or electronic signal warning of intrusion and provides notification of authorized entry or exit, which is designed to discourage crime. "Electronic security system" shall include access control systems, CCTV systems, intercom systems, automation systems capable of integrating security devices, perimeter intrusion protection systems, and other electronic monitoring devices;

(k) "Fire alarm" means a [security] system comprised of an interconnected series of alarm devices or components, and notification appliances, including systems interconnected with radio frequency signals, which emits an audible, visual or electronic signal indicating an alarm condition and which provides a warning of the presence of gas, smoke or fire, or a notification of emergency evacuation. "Fire alarm" does not mean a system whose primary purpose is telecommunications with energy control, the monitoring of the interior environment being an incidental feature thereto;

(l) "Licensed locksmith" means a person who is licensed pursuant to the provisions of section 7 of P.L.1997, c.305 (C.45:5A-27);

(m) "Licensee" means a person licensed to engage in the alarm business or provide locksmithing services pursuant to the provisions of section 7 of P.L.1997, c.305 (C.45:5A-27);

(n) "Locksmithing services" means the modification, recombination, repair or installation of mechanical locking devices and electronic security systems for any type of compensation and includes the following: repairing, rebuilding, recoding, servicing, adjusting, installing, manipulating or bypassing of a mechanical or electronic locking device, for controlled access or egress to premises, vehicles, safes, vaults, safe doors, lock boxes, automatic teller machines or other devices for safeguarding areas where access is meant to be limited; operating a mechanical or electronic locking device, safe or vault by means other than those intended by the manufacturer of such locking devices, safes or vaults; or consulting and providing technical advice regarding selection of hardware and locking systems of mechanical or electronic locking devices and electronic security systems; except that "locksmithing services" shall not include the installation of a prefabricated lock set and door knob into a door of a residence;

(o) "Qualified journeyman electrician" means a person registered pursuant to P.L.1962, c.162 (C.45:5A-1 et seq.) or P.L.2001, c.21 (C.45:5A-11.1 et al.), as a qualified journeyman electrician by the board;

(p) “Access control system” means a system that provides access to authorized persons and may record and report which persons entered or exited a facility or areas within a facility, which doors or areas were accessed while persons are within a facility, and the time that such activity occurred. “Access control systems” may include the use of keys, access cards, locks, card readers, biometric identification devices, recorders, printers and control devices. "Access control systems" may be independent systems or may be integrated with other electronic security systems or internet protocol and any successor protocols;

(q) “Authorization” means permission, authority, or consent given by a person who possesses lawful authority to grant such permission, authority, or consent to another person to access, obtain, take, copy or use confidential information;

(r) “Authorized person” means a person with authorization;

(s) “Confidential information” means proprietary information or personal information belonging to a person who submits business information, personal or confidential, business, financial information that is collected by a business or company or individual. “Confidential information ” shall include any information kept by anyone doing business as a licensed fire alarm, burglar alarm or locksmith business or any other business that is permitted to do the same scope of work in the State;

(t) “Closed circuit television” or “CCTV” means a video security system that may include video cameras, Internet protocol cameras, monitors, switches, camera enclosures, controls and other related devices. “Closed circuit television” shall include an independent system or system that is integrated with other electronic security systems or Internet protocol and any successor protocols;

(u) “Internet protocol and any successor protocol” means a protocol that is capable of integrating any electronic security devices in any existing and future data network protocols to carry alarm signals or video transmission signals or fire alarm signals or any security system now and in the future;

(v) “Intercom system” means an audio security communication system containing control circuitry that may include a feature designed to selectively release electronically secured doors or capable of viewing an image at the same time;

(w) “Perimeter intrusion protection system” means a device, machine, computer or software used for detection, security, surveillance, or monitoring of unauthorized access, providing a warning of intrusion, which is designed to discourage crime or warn of potential threats using unmanned aerial drones, robots, machines, computers, or software with minimal human intervention, and is a type or component of a security system;

(x) “Perimeter fence intrusion protection system” means a perimeter intrusion protection system that satisfies the requirements established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and all attached system components or equipment, including but not limited to a fence, an energizer powered by a commercial storage battery not exceeding 12 volts dc, which produces a short electric pulsed charge upon contact with the fence, and battery charging device used exclusively to charge the battery, or utilization of micro wave energy or radio frequencies for perimeter intrusion protection, and any successor technologies used for perimeter intrusion protection, and is a type or component of a security system;

(y) “Smoke aspiration system” means a smoke detection system that takes samples of the air and tests them for presence of smoke;

(z) “Smoke detection system” means an electronic system consisting of a control unit, which may be a component of a combination fire and burglar control panel, or one or more smoke aspiration systems, smoke detectors, heat detectors, gas detectors, if required, audible appliances, and battery back-up, as utilized in one or two family detached residential dwellings, or both.

(cf: P.L.2001, c.21, s.2)

2. (New section) A perimeter fence intrusion protection system shall:

a. interface with a monitored alarm device in a manner that enables the burglar alarm system to transmit a signal intended to summon the business or law enforcement, or both, in response to an intrusion or burglary;

b. be located on property that is not designated by a municipality exclusively for residential use;

c. have an energizer that is driven by a commercial storage battery that is not more than 12 volts of direct current;

d. have an energizer that meets the standards set forth by the International Electrotechnical Commission Standard 60335-2-76, in its current edition, and as amended and supplemented;

e. be surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;

f. not exceed ten feet in height or two feet higher than the nonelectric perimeter fence or wall described in subsection e. of this section, whichever is higher;

g. be marked with conspicuous warning signs that are located on the perimeter fence intrusion protection system at not more than 40 foot intervals and that read: “WARNING—ELECTRIC FENCE”;

h. comply with the requirements set forth in the rules and regulations adopted by the board; and

i. be installed by a person trained by the manufacturer or certified in the installation, maintenance, repair, safety and operation of the perimeter fence intrusion protection system.

3. Section 16 of P.L.1997, c.305 (C.45:5A-36) is amended to read as follows:

16 [No] a. Notwithstanding any provision of the “Municipal Land Use Law,” P.L.1975, c.291 (C.40:55D-1 et seq.), or any other law to the contrary, no municipality or county shall [enact] adopt an ordinance or resolution or promulgate any rules or regulations relating to a licensed locksmith or alarm business that:

(1) requires the licensing or registration of locksmiths or alarm businesses;

(2) requires a locksmith or an alarm business to submit information about the business’ systems;

(3) requires a locksmith or an alarm business to pay an alarm registration or licensure fee to a third party person or business;

(4) requires a permit or fee for the installation of a perimeter fence intrusion protection system in addition to an alarm system permit issued by the municipality or county;

(5) imposes an installation or operational requirement for a perimeter fence intrusion protection system that is inconsistent with the requirements and standards of the act;

(6) impedes the installation or continued operation of a perimeter fence intrusion protection system; or

(7) prohibits the installation or use of a perimeter fence intrusion protection system.

b. The provisions of any ordinance or resolution or rules or regulations of any municipality or county relating to the licensing or registration of locksmiths or alarm businesses are superseded by the provisions of this act. Municipal and county officials and employees shall comply with the provisions of the act. Nothing in this section shall be construed, however, to prohibit municipal regulation of door-to-door vendors or salespersons of burglar alarm, fire alarm or electronic security systems nor shall anything in this section be construed to prohibit or restrict municipal consideration of alarm business service proposals in consent proceedings under the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.).

(cf: P.L.1997, c.305, s.16)

4. (New section) A licensee shall ensure the confidentiality of information obtained from a client and shall not disclose, release to any third-party entities, or distribute information relating to the provision of burglar alarm, fire alarm or locksmithing services to the client without the consent of the client, unless compelled to disclose such information to a law enforcement agency by court order.

a. Any person who is the custodian of confidential information shall exercise due diligence on an ongoing basis to protect the security of the confidential information including, but not limited to, maintaining current technology to prevent unauthorized access to computers, computer systems, software and computer networks; maintaining adequate safeguards to ensure that confidential information is only distributed to authorized individuals; and conducting employee training in information security measures.

b. A person having custody of confidential information shall notify a person if the person’s confidential information has been accessed by an unauthorized person or if there has been a breach of the custodian’s security measures which may have compromised the security of the person’s confidential information.

c. Personal or business information shall not be accessed by, sold to, or used by any third party without the written authorization of that person or business.

d. A licensee who fails to comply with the requirements of subsection a. of this section shall be deemed to be engaged in professional misconduct, and is subject to disciplinary action and civil penalties pursuant to sections 8, 9 and 12 of P.L.1978, c.73 (C.45:1-21, 45:1-22 and 45:1-25).

5. This act shall take effect immediately.

STATEMENT

This bill would regulate the installation, maintenance and repair of perimeter fence intrusion protection systems, and other alarm systems governed by "The Electrical Contractors Licensing Act of 1962." The bill would also establish confidentiality standards for alarm service practitioners and licensed locksmiths.

The bill would restrict local government regulation of the installation and maintenance of a perimeter fence intrusion protection system, as long as the system meets the definition of the system established by the bill and several additional requirements. In order to benefit from the restrictions on local government oversight established by the bill, the perimeter fence intrusion protection system would be required to:

(1) interface with a monitored alarm device in a manner that enables the burglar alarm system to transmit a signal intended to summon the business or law enforcement;

(2) be located on property that is not designated exclusively for residential use;

(3) have an energizer that is driven by a commercial storage battery that is not more than 12 volts of direct current;

(4) have an energizer that meets the standards set forth by the International Electrotechnical Commission Standard 60335-2-76, current edition;

(5) be surrounded by a nonelectric perimeter fence or wall of at least five feet in height;

(6) not exceed ten feet in height or two feet higher than the adjacent nonelectric perimeter fence or wall, whichever is higher;

(7) be marked with conspicuous warning signs that are located on the Perimeter Fence Intrusion Protection System at not more than 40 foot intervals and that read: “WARNING—ELECTRIC FENCE”;

(8) comply with the requirements set forth in the rules and regulations adopted by the Board of Examiners of Electrical Contractors; and

(9) be installed by a person trained by the manufacturer or holding a training certification on the installation, maintenance, repair, safety and operation of the perimeter fence intrusion protection system to be installed.

As long as these perimeter fence intrusion protection system requirements are met, the bill would prohibit municipal or county government from imposing the following requirements on a business installing the systems:

(1) requiring the licensing or registration the business;

(2) requiring the business to submit information about the business’ systems;

(3) requiring the business to pay a third party person or business an alarm registration or licensure fee;

(4) requiring a permit or fee for the installation of a perimeter fence intrusion protection system in addition to an alarm system permit issued by the municipality or county;

(5) imposing an installation or operational requirement for a perimeter fence intrusion protection system that is inconsistent with the requirements and standards of the "The Electrical Contractors Licensing Act of 1962," P.L.1962, c.162 (C.45:5A-1 et seq.), as supplemented and amended by subsequent legislation, and this bill;

(6) impeding the installation or continued operation of a perimeter fence intrusion protection system; or

(7) prohibiting the system’s installation or use.

Finally, the bill establishes confidentiality standards for licensees governed by "The Electrical Contractors Licensing Act of 1962," including professionals engaged in the installation and maintenance of perimeter fence intrusion protection systems, licensed locksmiths, and alarm businesses. Specifically, the bill requires licensees governed by the act to refrain from disclosing, releasing to any third-party entities, or distributing information relating to the provision of burglar alarm, fire alarm or locksmithing services of the client without their consent, unless compelled by a court order.

The bill requires any person who is the custodian of confidential information to exercise due diligence on an ongoing basis to protect the security of the confidential information including, but not limited to, maintaining current technology to prevent unauthorized access to computers, computer systems, software and computer networks; maintaining adequate safeguards to ensure that confidential information is only distributed to authorized individuals; and conducting employee training in information security measures.

If a person’s confidential information is accessed by an unauthorized person or if a breach of the custodian’s security measures occurs which may have compromised the security of the person’s confidential information, the bill requires notification to the person. The bill prohibits information from being accessed by, used or sold to, or used by any third party person or business or government agency without that person’s or business's written authorization. The bill directs that a licensee who fails to comply with the requirements of the bill regarding the maintenance of confidential information would be deemed to have engaged in professional misconduct, and would be subject to disciplinary action and civil penalties pursuant to sections 8, 9 and 12 of P.L.1978, c.73 (C.45:1-21, 45:1-22 and 45:1-25).