62-32-321. Counties and municipalities.

*** Current through the 2015 Regular Session ***

Title 62  Professions, Businesses and Trades  
Chapter 32  Fire Protection and Alarm Systems  
Part 3  Alarm Contractors Licensing Act of 1991

Tenn. Code Ann. § 62-32-321  (2015)

62-32-321.  Counties and municipalities.

  (a) Counties and municipalities are prohibited from offering services as alarm systems contractors to the general public except as follows:

   (1) Counties and municipalities may provide those services that would normally be provided by an alarm systems contractor for facilities that are wholly owned and occupied by that county or municipality; and

   (2)  (A) Counties and municipalities may provide monitoring or response services, or both, to alarm systems when deemed in the best public interest; provided, that:

         (i) No charge is made by the county or municipality for the service unless the county or municipality was charging for the service on or before July 1, 1991;

         (ii) Use of local governmental services shall not be mandatory; and

         (iii) Response by local law enforcement, firefighters or other emergency personnel may not be conditional upon use of the services.

      (B)  Notwithstanding any language of subdivision (a)(2)(A)(i) to the contrary, no county or municipality shall impose or collect any charge for responding to a false alarm occasioned exclusively by a violent act of nature.

(b) No county or municipality shall enact any legislation or promulgate any rules or regulations relating to the licensing of alarm businesses or alarm systems contractors required to be licensed under this part.

(c) On July 1, 1993, any provision of any legislation or rules or regulations of any county or municipality requiring the certifying or licensing of an alarm business or its employees shall be superseded by this part and no longer be effective.

(d) This part is not, however, intended to and does not prevent the legally constituted authority of any county or municipality by legislation, rules or regulations, and within the police power of the county or municipality, from requiring alarm businesses or alarm agents to register their names, addresses and license certificate numbers with the county or municipality within which they operate. The county or municipality may also require that alarm businesses give reasonable notice of termination of licenses or agents. No fee may be charged nor may any application be required by any county or municipality for the registration.

(e) Nothing in this part shall be construed to prohibit counties or municipalities from enacting and imposing penalties for false alarms; provided, that the penalties shall not exceed fifty dollars ($50.00) for each false alarm.

HISTORY:  Acts 1991, ch. 400, § 21; 1992, ch. 977, § 3; 1992, ch. 993, §§ 1-3; 2013, ch. 191, § 1.

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