DOS-32-08-00006-P Installation, Servicing or Maintaining of Security or Fire Alarm Systems

8/6/08 N.Y. St. Reg. DOS-32-08-00006-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 32

August 06, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. DOS-32-08-00006-P

Installation, Servicing or Maintaining of Security or Fire Alarm Systems

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 196.1, 196.2, 196.8 and 196.10 of Title 19 NYCRR.

Statutory authority:

General Business Law, section 69-n

Subject:

Installation, servicing or maintaining of security or fire alarm systems.

Purpose:

To add an additional qualifying education module for licensure under Article 6-D of the General Business Law.

Text of proposed rule:

Section 196.1 is amended to read as follows:

Section 196.1 Basic course requirements

Individuals desiring to satisfy the education requirements to become licensed security or fire alarm system installers must satisfactorily complete [four] five courses prescribed by section 196.8 of this Part identified as: Module 1, Module 2, Module 3 [and], Module 4 and Module 5. [Each module] Module 1, Module 2, Module 3 and Module 4 will consist of a program of 15 classroom hours. Module 5 will consist of a program of 21 classroom hours.

Section 196.2 is amended to read as follows:

Section 196.2 Equivalency-prelicensing education

The criteria for determining acceptance of courses completed prior to January 1, 1993 shall be that the course or courses have substantially covered the same subject matter, classroom hours of attendance and completed standards as prescribed by the regulations as a prerequisite of licensing. Applications for past course evaluation shall be accompanied by an official transcript or other documentation showing the subjects taken and hours of instruction devoted to each subject and the hours attended by said applicant together with the date completed. The department may request additional supportive documentation to determine course equivalency. Equivalency credit will be granted in 15 hour segments for courses deemed by the department as equivalent to Module 1, Module 2, Module 3 and Module 4. Equivalency credit will be granted in 21 hour segments for courses deemed by the department as equivalent to Module 5. If an applicant receives partial credit towards the [60] 81 hour education requirement, the applicant may choose any of the [four] five approved modules to complete the requirement.

Section 196.8 is amended to read as follows:

Section 196.8 Security or fire alarm system installer courses

(a) The education qualifications for New York State security or fire alarm systems installer license requires the completion of the following courses of study:

Module 1 Installations: Standards, Codes and Techniques

Module 2 Control Panels and Alarm Transmissions

Module 3 Security Systems

Module 4 Fire Technology

Module 5 Service and Maintenance of Alarm Systems

(b) The following are required subjects to be included in the courses of study and the required number of hours to be devoted to each subject

MODULE #1 INSTALLATIONS:

STANDARDS, CODES AND TECHNIQUES

Subject Matter	Time
I. STANDARDS AND CODES	1 HOUR
II. NATIONAL ELECTRICAL CODE, (NEC)-NFPA 70	4 HOURS
III. BASIC ELECTRICITY	10 HOURS
TOTAL	15 HOURS

Final Examination

MODULE #2 CONTROL, PANELS AND ALARM TRANSMISSION

Subject Matter	Time
I. CONTROL DEVICES	6 HOURS
II. JOB PLANNING AND RECORDKEEPING	1 HOUR
III. ALARM TRANSMISSIONS	8 HOURS
TOTAL	15 HOURS

Final Examination

MODULE #3 SECURITY SYSTEMS

Subject Matter	Time
I. HISTORY OF ALARM SYSTEMS--LICENSE LAW	.5 HOUR
II. MOTION DETECTION	8 HOURS
III. PERIMETER SYSTEMS	2.5 HOURS
IV. SPECIALTY SYSTEMS	.5 HOUR
V. CCTV SYSTEMS	1 HOUR
VI. ACCESS CONTROL	1.75 HOURS
VII. FALSE ALARM PREVENTION	.75 HOUR
TOTAL	15 HOURS

Final Examination

MODULE #4 FIRE TECHNOLOGY

Subject Matter	Time
I. FIRE DETECTION AND DETECTOR APPLICATION	1 HOUR
II. FIRE ALARM SYSTEMS	13.5 HOURS
III. JOB SAFETY	.5 HOUR
TOTAL	15 HOURS

Final Examination

MODULE #5 SERVICE AND MAINTENANCE OF ALARM SYSTEMS

Subject Matter	Time
I. OVERVIEW AND PROFESSIONAL CONDUCT	1 HOUR
II. TESTING AND TROUBLESHOOTING	7 HOURS
III. PANELS, ALARM DEVICES AND COMMUNICATIONS	9 HOURS
IV. SPECIALTY ITEMS	1 HOUR
V. MAINTENANCE, INSPECTION AND FALSE ALARM REPORTING	3 HOURS
TOTAL	21 HOURS

Final Examination

Section 196.10 is amended to read as follows:

Section 196.10 Attendance

To satisfactorily complete any course offered for study [,] for the completion of Module 1, Module 2, Module 3 or Module 4, a person must physically attend 12 hours of each 15 hour course offering, exclusive of sessions devoted to examinations. To satisfactorily complete any course offered for study for the completion of Module 5, a person must physically attend 18 hours of each 21 hour course offering, exclusive of sessions devoted to examinations. Final examinations may not be presented to any students who have not completed the attendance requirements. Attendance records for all students enrolled in approved courses must be retained for a minimum of two years from the date such courses were completed.

Text of proposed rule and any required statements and analyses may be obtained from:

Whitney A. Clark, Esq., Department of State, Division of Licensing Services, 80 S. Swan St., P.O. Box 22001, Albany, NY 12231-0001, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

This action was not under consideration at the time this agency's Regulatory Agenda was submitted for publication in the Register.

Regulatory Impact Statement

1. Statutory authority:

General Business Law, section 69-n provides specific authority to the Secretary of State to promulgate regulations to accomplish the purposes of Article 6-D of the General Business Law. Said section also permits the Department of State to examine into the qualifications of applicants for licenses under Article 6-D. Consistent with this authority, section 69-o of the statute, requires license applicants to provide the Department of State with evidence of education that is satisfactory to the Department of State. The proposed rule making is advanced in accordance with this authority and consistent with the purpose of Article 6-D, to provide improved safeguards for the customers of security and fire alarm system installers.

2. Legislative objectives:

General Business Law Article 6-D requires the Department of State to license and regulate the Business of Installing, Servicing or Maintaining Security of Fire Alarm Systems. License applicants are required to provide the Department of State with proof of having completed satisfactory education. To further the legislative intent that licensees receive adequate education, and to provide prospective licensees with guidance in the form of set educational requirements, the Department of State adopted regulations found at 19 NYCRR 196.8. These regulations were promulgated in response to the statute, as originally enacted. At the time of its initial enactment, the statute only encompassed the installation of alarm systems. The following year, it was amended to include service and maintaining of alarm systems (L 1993, chap. 575). Accordingly, the existing pre-license educational requirement only covers the entry level knowledge required for installation of alarm systems.

As a result of the statutory amendment which added the service and maintenance of alarm systems, the New York State Advisory Committee for the Business of Installing, Servicing or Maintaining of Security or Fire Alarm Systems has developed the proposed additional qualifying education module to ensure that prospective licensees received education in the service and maintenance of alarm systems.

3. Needs and benefits:

Without ensuring that licensees have received training in the proper servicing or maintaining of alarm systems, the integrity of the alarm systems is jeopardized thereby creating an unnecessary safety risk to consumers and the public. Additionally, the improper service or maintenance of alarm systems increases the occurrence of false alarms. Police and fire departments are required to respond to these alarms thereby unnecessarily diverting available resources.

The lack of educational requirements for the service and maintenance of alarm systems is a loop-hole that endangers the health, safety and welfare of the public. The proposed rule making seeks to close this loop-hole by adding an additional pre-license education module in the service and maintenance of alarm systems. This will ensure that licensees have received training in all aspects of the services regulated by Article 6-D; the proper installation, service and maintenance of alarm systems.

4. Costs:

a. Costs to regulated parties:

Regulated parties include those who engage in the practice of installing, maintaining or servicing fire or security alarm systems. The rule does not impose any new requirements on current licensees. Only those applying for initial licensees after the implementation of the rule will be effected. Insofar as prospective licensees are already required to satisfactorily complete a course of education prior to obtaining a license, expanding this education by one additional module should not lead to substantial costs to regulated parties for the implementation of and continuing compliance with the rule.

Currently, the Department of State has three approved education providers, two of which offer the existing four education modules for a total cost of $900, including the cost of a textbook. The existing four education modules consist of sixty hours of education. Therefore, it is estimated that the existing education costs approximately $15 per hour of education. The additional education module proposed by this rule making, if adopted, will result in prospective licensees having to complete an additional 21 hours of qualifying education for an estimated cost of $315.00.

The three approved education providers currently have locations in representative geographic areas throughout the State. It is anticipated that the existing course providers will offer the proposed fifth education module, and that said education will be available to prospective licensees throughout the State.

b. Costs to the Department of State:

The rule does not impose any costs to local government for the implementation and continuation of the rule. The Department of State anticipates that existing resources will be sufficient to implement the rule making, at no additional cost to the State.

5. Local government mandates:

The rule does not impose any program, service, duty or responsibility upon any county, city, town, village, school district or other special district.

6. Paperwork:

The rule does not impose any new paperwork requirements. Insofar as prospective licensees are already required to satisfactorily complete a course of education prior to obtaining a license, expanding this education by one additional module will not lead to any new paperwork requirements.

7. Duplication:

This rule does not duplicate, overlap or conflict with any other state or federal requirement.

8. Alternatives:

Prior to proposing the proposed rule, the Department of State contacted licensees for their comment. Comments were received and considered. Some commented that the proposed educational module is not necessary because the licensing process is already lengthy and time consuming. The Department considered not proposing the rule making in response to these and other similar comments but, after consulting with the New York State Advisory Committee for the Business of Installing, Servicing or Maintaining of Security or Fire Alarm Systems determined that the additional educational module is necessary insofar as the existing education does not address the service and maintenance of alarm systems.

Other comments argued that an additional educational module would make it more difficult for prospective licensees to comply with the statute. In considering this comment, the Department of State again contemplated not advancing the proposed rule. It was determined, however, that requiring education in the service and maintenance of alarm systems would make it easier for licensees to comply with the law insofar as they would receive education in the statutory provisions pertaining to service and maintenance of systems.

Other comments proposed increased enforcement against licensed companies with high rates of false alarms, which are caused, in part, to a lack of proper service and maintenance of alarm systems. The Department of State entertained this proposal but determined that it would be more reasonable to ensure adequate education in proper service and maintenance so as to prevent problems such as false alarms.

9. Federal standards:

There are no federal standards regulating the business of installing, maintaining or servicing fire or security alarm systems. Consequently, this rule does not exceed any existing federal standard.

10. Compliance schedule:

The proposed rule will only impact prospective licensees. Those currently holding licenses will not be required to complete the additional education module. Those persons applying for a license can comply with the amended regulations immediately upon adoption.

Regulatory Flexibility Analysis

1. Effect of rule:

The rule will apply to those applying for an initial license to install, maintain or service security or fire alarm systems. Some of these licensees will work for small businesses. Only these prospective licensees will be effected by the proposed rule and will be required to satisfactorily complete the existing four education modules, plus the proposed fifth module. Those currently holding licenses will not be required to take the additional pre-license education module. Because the rule will only apply to prospective licensees, the Department of State does not have a practical way of estimating how many prospective licensees will be affected by the proposed rule.

The rule does not apply to local governments.

2. Compliance requirements:

The rule does not impose any new reporting or record keeping requirements on licensees. Prospective licensees are already required to satisfactorily complete a course of pre-license education. The rule merely expands the existing educational requirements from four modules to five.

The rule does not impose any compliance requirements on local governments.

3. Professional services:

Prospective licensee will need to attend courses offered through approved educational providers in order to comply with the rule.

The rule does not impose any compliance requirements on local governments.

4. Compliance costs:

Currently, the Department of State has three approved education providers, two of which offer the existing four education modules for a total cost of $900, including the cost of a textbook. The existing four education modules consist of sixty hours of education. Therefore, it is estimated that the existing education costs approximately $15 per hour of education. The additional education module proposed by this rule making, if adopted, will result in prospective licensees having to complete an additional 21 hours of qualifying education for an estimated cost of $315.00.

The three approved education providers currently have locations in representative geographic areas throughout the State. It is anticipated that the existing course providers will offer the proposed fifth education module, and that said education will be available to prospective licensees throughout the State.

The rule does not impose any compliance costs on local governments.

5. Economic and technological feasibility:

It is anticipated that approved education providers will offer the proposed fifth education module. These providers currently offer the existing four modules of education. It is expected that these providers will administer and implement the proposed module using existing technology and that it will be technologically feasible for providers to comply with the rule.

It is also expected that prospective licensees will be able to economically comply with the rule. The projected cost of taking the fifth education module is $315.00.

6. Minimizing adverse economic impact:

The Department of State strived to balance the cost of the new education with the need to amend the existing qualifying education to include all services which alarm licensees may offer. In developing the rule, the Department of State made only those changes it deemed necessary to protect public health, safety and welfare by ensuring the alarm licensees are adequately educated.

7. Small business participation:

Prior to proposing the rule, the Department mailed a copy of the proposed fifth module to all existing licensees and schools and solicited public comment. These comments were reviewed and discussed at a public meeting of the NYS Alarm Advisory Committee. This meeting included a public comment period. In addition, the Notice of Proposed Rule Making will be published by the Department of State in the State Register. Small businesses who provide pre-license education have already been provided with notice of the rule and have been afforded an opportunity to comment on the proposal. The publication of the rule in the State Register will provide notice to local governments and additional notice to small businesses of the proposed rule making. Additional comments will be received and entertained.

Rural Area Flexibility Analysis

1. Need for a Rural Area Flexibility Analysis

The proposed rule will impose reporting, record-keeping and other compliance requirements on private entitles in rural areas. It is not anticipated that these requirements will impose an adverse economic impact on these entities. These, and other entities throughout the State.

2. Types of Public and Private Entities in Rural Areas

While the proposed rule will primarily affect prospective licensees, it will also indirectly impact education providers who offer the additional education module proposed by this rule. The Department of State currently has three approved education providers which offer courses in the following counties: Albany, Dutchess, Erie, Genesee, Monroe, Nassau, Onondaga, Ontario, Suffolk, Westchester and New York. Most of these geographic areas are comprised, in part, of rural areas.

3. Compliance Requirements

Education providers are required to comply with Part 196 of Title 19 NYCRR. In relevant part, the regulations require education providers to register courses for approval with the Department of State in accordance with 19 NYCRR 196.3 and 196.7. Among the material which must be submitted with an application are a detailed course outline, final examination and answer key and the books to be used in the course. Education providers will also have to comply with the other requirements of Part 196 by, in part, computing instruction time, maintaining records of attendance, administering examinations, issuing certificates of satisfactory completion and maintaining examination papers for a period of two years.

4. Professional Services

It is anticipated that education providers will administer the requirements imposed by this rule with existing, internal staff. It is not expected that providers will have to rely on professional services to comply with the rule.

5. Costs

It is expected that the costs of implementing this rule will be minimal. It is anticipated that the education providers who have already been approved to offer the existing four education modules will obtain approval to offer the proposed fifth module. As a result, it is expected that education providers will absorb implementation costs with existing staff. It is also anticipated that providers will recoup any such costs by charging students to take the additional module. Currently, the Department of State has three approved education providers, two of which offer the existing four education modules for a total cost of $900, including the cost of a textbook. The existing four education modules consist of sixty hours of education. Therefore, it is estimated that the existing education costs approximately $15 per hour of education. The additional education module proposed by this rule making, if adopted, will result in prospective licensees having to complete an additional 21 hours of qualifying education for an estimated cost of $315.00.

6. Minimizing Adverse Impact

After soliciting public comments from licensees, the Department of State considered not proposing the rule making. However, after consulting with the New York State Advisory Committee for the Business of Installing, Servicing or Maintaining of Security or Fire Alarm Systems determined that the additional educational module is necessary insofar as the existing education does not address the service and maintenance of alarm systems. Education providers, however, are not required to offer all five education modules. Those providers who deem the impacts of offering a fifth module too adverse, will have the option of not offering the proposed module.

7. Involvement of Regulated Parties

Prior to proposing the proposed rule, the Department of State contacted licensees for their comment. Comments were received and considered. Some commented that the proposed educational module is not necessary because the licensing process is already lengthy and time consuming. Other comments argued that an additional educational module would make it more difficult for prospective licensees to comply with the statute. In considering this comment, the Department of State again contemplated not advancing the proposed rule. It was determined, however, that requiring education in the service and maintenance of alarm systems would make it easier for licensees to comply with the law insofar as they would receive education in the statutory provisions pertaining to service and maintenance of systems.

Other comments proposed increased enforcement against licensed companies with high rates of false alarms, which are caused, in part, to a lack of proper service and maintenance of alarm systems. The Department of State entertained this proposal but determined that it would be more reasonable to ensure adequate education in proper service and maintenance so as to prevent problems such as false alarms.

Job Impact Statement

A job impact statement is not required because this rule will not have any substantial impact on jobs or employment opportunities for licensed alarm installers.

19 NYCRR Part 196 already requires prospective licensees to complete a course of education. The rule amends the agency's existing regulations to add an additional module to the already existing educational requirements. Insofar as potential licensees are already required to complete a course of study prior to obtaining a license, adding an additional education module will not have any foreseeable impact on jobs or employment opportunities for alarm installers.