2006 Code of Virginia § 9.1-138 - Definitions

9.1-138. Definitions.

In addition to the definitions set forth in 9.1-101, as used in thisarticle, unless the context requires a different meaning:

"Alarm respondent" means an individual who responds to the signal of analarm for the purpose of detecting an intrusion of the home, business orproperty of the end user.

"Armed" means a private security registrant who carries or has immediateaccess to a firearm in the performance of his duties.

"Armed security officer" means a natural person employed to (i) safeguardand protect persons and property or (ii) deter theft, loss, or concealment ofany tangible or intangible personal property on the premises he is contractedto protect, and who carries or has access to a firearm in the performance ofhis duties.

"Armored car personnel" means persons who transport or offer to transportunder armed security from one place to another, money, negotiable instrumentsor other valuables in a specially equipped motor vehicle with a high degreeof security and certainty of delivery.

"Business advertising material" means display advertisements in telephonedirectories, letterhead, business cards, local newspaper advertising andcontracts.

"Central station dispatcher" means an individual who monitors burglar alarmsignal devices, burglar alarms or any other electrical, mechanical orelectronic 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 regulation indicating that qualifiedpersons have met the minimum requirements as private security servicestraining schools, private security services instructors, compliance agents,or certified detector canine handler examiners.

"Compliance agent" means an individual who owns or is employed by alicensed private security services business to ensure the compliance of theprivate security services business with this title.

"Courier" means any armed person who transports or offers to transport fromone place to another documents or other papers, negotiable or nonnegotiableinstruments, or other small items of value that require expeditious services.

"Detector canine" means any dog that detects drugs or explosives or bothdrugs and explosives.

"Detector canine handler" means any individual who uses a detector caninein the performance of private security duties.

"Detector canine handler examiner" means any individual who examines theproficiency and reliability of detector canines and detector canine handlersin the detection of drugs or explosives or both drugs and explosives.

"Detector canine team" means the detector canine handler and his detectorcanine performing private security duties.

"Electronic security business" means any person who engages in the businessof or undertakes to (i) install, service, maintain, design or consult in thedesign of any electronic security equipment to an end user; (ii) respond toor cause a response to electronic security equipment for an end user; or(iii) have access to confidential information concerning the design, extent,status, password, contact list, or location of an end user's electronicsecurity equipment.

"Electronic security employee" means an individual who is employed by anelectronic security business in any capacity which may give him access toinformation concerning the design, extent, status, password, contact list, orlocation of an end user's electronic security equipment.

"Electronic security equipment" means (i) electronic or mechanical alarmsignaling devices including burglar alarms or holdup alarms used to safeguardand protect persons and property; or (ii) cameras used to detect intrusions,concealment or theft, to safeguard and protect persons and property. Thisshall not include tags, labels, and other devices that are attached oraffixed to items offered for sale, library books, and other protectedarticles as part of an electronic article surveillance and theft detectionand deterrence system.

"Electronic security sales representative" means an individual who sellselectronic security equipment on behalf of an electronic security business tothe end user.

"Electronic security technician" means an individual who installs,services, maintains or repairs electronic security equipment.

"Electronic security technician's assistant" means an individual who worksas a laborer under the supervision of the electronic security technician inthe course of his normal duties, but who may not make connections to anyelectronic security equipment.

"Employed" means to be in an employer/employee relationship where theemployee is providing work in exchange for compensation and the employerdirectly controls the employee's conduct and pays some taxes on behalf of theemployee. The term "employed" shall not be construed to include independentcontractors.

"End user" means any person who purchases or leases electronic securityequipment for use in that person's home or business.

"Firearms training verification" means the verification of successfulcompletion of either initial or retraining requirements for handgun orshotgun training, or both.

"General public" means individuals who have access to areas open to all andnot restricted to any particular class of the community.

"License number" means the official number issued to a private securityservices business licensed by the Department.

"Natural person" means an individual person.

"Personal protection specialist" means any individual who engages in theduties of providing close protection from bodily harm to any person.

"Private investigator" means any individual who engages in the business of,or accepts employment to make, investigations to obtain information on (i)crimes or civil wrongs; (ii) the location, disposition, or recovery of stolenproperty; (iii) the cause of accidents, fires, damages, or injuries topersons or to property; or (iv) evidence to be used before any court, board,officer, or investigative committee.

"Private security services business" means any person engaged in thebusiness 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 caninehandlers, detector canine teams, alarm respondents, central stationdispatchers, electronic security employees, electronic security salesrepresentatives or electronic security technicians and their assistants toanother person under contract, express or implied.

"Private security services instructor" means any individual certified bythe Department to provide mandated instruction in private security subjectsfor a certified private security services training school.

"Private security services registrant" means any qualified individual whohas met the requirements under this article to perform the duties of alarmrespondent, armored car personnel, central station 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" means any person certified bythe Department to provide instruction in private security subjects for thetraining of private security services business personnel in accordance withthis article.

"Registration" means a method of regulation whereby certain personnelemployed by a private security services business are required to registerwith the Department pursuant to this article.

"Registration category" means any one of the following categories: (i)unarmed security officer and armed security officer/courier, (ii) securitycanine handler, (iii) armored car personnel, (iv) private investigator, (v)personal protection specialist, (vi) alarm respondent, (vii) central stationdispatcher, (viii) electronic security sales representative, (ix) electronicsecurity technician, (x) electronic technician's assistant, or (xi) detectorcanine handler.

"Security canine" means a dog that has attended, completed, and beencertified as a security canine by a certified security canine handlerinstructor in accordance with approved Department procedures andcertification guidelines. "Security canines" shall not include detectordogs.

"Security canine handler" means any individual who utilizes his securitycanine in the performance of private security duties.

"Security canine team" means the security canine handler and his securitycanine performing private security duties.

"Supervisor" means any individual who directly or indirectly supervisesregistered or certified private security services business personnel.

"Unarmed security officer" means a natural person who performs thefunctions of observation, detection, reporting, or notification ofappropriate authorities or designated agents regarding persons or property onthe premises he is contracted to protect, and who does not carry or haveaccess 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.)