QUESTION:
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Mr. Kirschenbaum,
Being a new recipient of your legal news letter I found the discussion regarding captioned matter very interesting. In Illinois, in and by itself the sale and/or installation of CCTV systems, albeit used almost exclusively for security purposes, the regulation of same is NOT enforced although indirectly referenced in the Statutes.
Said Statute is as follows.
(225 ILCS 447/5‑10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 5‑10. Definitions. As used in this Act:
"Alarm system" means any system, including an electronic access control system, a surveillance video system, a security video system, a burglar alarm system, a fire alarm system, or any other electronic system, that activates an audible, visible, remote, or recorded signal that is designed for the protection or detection of intrusion, entry, theft, fire, vandalism, escape, or trespass.
The regulatory agency, IDFPR-DPR has in the past interpreted the statute not to define CCTV as a surveillance video system or a security video system because, in and by itself same does not activate an audible, visible remote or recorded signal.
For many years I argued that not regulating the sale and installation of CCTV fails to protect the general public; commercial, industrial and residential. There is no discernible difference in having individuals in your business or residence installing a CCTV system than installing an alarm system. And yet the State of IL. allows persons with un-determinable backgrounds to do so thereby exposing the general public to unregulated persons and unlicensed entities without appropriate restrictions.
During one meeting regarding this matter I was asked if installing a "nanny cam" should be regulated, inferring that there was no potential criminal or civil exposure. I pointed out that with today's technology, the nanny cam could be transmitted to unauthorized sites without the end users knowledge.
It would be appreciated if you had any information regarding regulation of CCTV for security purposes in other States.
Thank you for the opportunity to discuss this matter.
Respectfully,
Alan R. Engel
Security - Investigation Consultant
State of Illinois
Sr. Enforcement Investigator (Ret.)
Dept.of Financial & Prof.Regulation
Div.of Professional Regulation
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ANSWER:
You would need to check each state license to see if CCTV is included in the definition of security equipment and covered by the state [or local] alarm license. A good start to check your state is my web site at http://www.kirschenbaumesq.com/alarmlicreqstate.htm
New York, for example, does include CCTV in the alarm license law.
Checking your state is easier than you think. You don't have to read the entire statute. Bring up your statute on use your Edit feature to Search for the term CCTV. It should find that term in the statute if it's there.
Alarm licenses serve two easily identificable purposes. One is revenue raising, so the state will try and include anyone and everyone it can. But the other one is that individuals who install security should be regulated by the state [why not, lots of other folks are]. The justification is that those who are privy to security systems in end user premises need to be checked and monitored by the state.
Whatever the rational the bottom line is that if the statute requires the license then you better get it.