Security Alarm Systems and Protective Services [For application of this chapter, see 81 Del. Laws, c. 73, § 7]

Del. Code tit. 24, ch. 12
in effect

Del. Code tit. 24, § 1201 Definitions [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) “Compliance agent” means an individual employed by a licensed security alarm business with no physical presence within this State who serves in a management capacity within this State, and who ensures compliance of the security alarm business with the requirements of this chapter. (b) “Department” means the Department of Safety and Homeland Security. (c) “Director” means the officer in charge of the Professional Licensing Section of the Division. (d) “Division” means the Division of the Delaware State Police. (e) “Employee” means any person who performs services for wages or salary. (f) “Licensee” means any person licensed to engage in the business of installing, servicing, selling, repairing, replacing, provision of monitoring or maintaining security alarm systems under this chapter. (g) “Officer” means the president, vice president, secretary, treasurer, comptroller, partner, or owner. (h) “Professional Licensing Section” means the Professional Licensing Section within the Division. (i) “Security alarm business” means a partnership, corporation or other business entity engaged in the sales, installation, service, maintenance, repair, replacement or provision of monitoring services at a customer’s home or customer’s business. This term does not include a partnership, corporation or other business entity that is engaged in sales of security alarm systems in a retail store location, online or by telephone. (j) “Security alarm system” means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. This term does not include an alarm installed in a vehicle or on someone’s person. (k) “Superintendent” means the Superintendent of the Division of the Delaware State Police or the Superintendent's designee.

Del. Code tit. 24, § 1202 License requirement [For application of this section, see 81 Del. Laws, c. 73, § 7].

No person may operate a security alarm business without having obtained a license from the Professional Licensing Section pursuant to the requirements of this chapter. An occupational license issued by the Delaware Division of Revenue, pursuant § 2301 of Title 30 does not grant a security alarm business the right to operate within this State without obtaining a license under this chapter.

Del. Code tit. 24, § 1203 Duties and powers of Professional Licensing Section [For application of this section, see 81 Del. Laws, c. 73, § 7].

The Professional Licensing Section shall have all of the following duties and powers: (1) Adopt and, from time to time, revise such rules, regulations and standards not inconsistent with the law, as may be necessary to enable it to carry into effect this chapter. (2) Deny or withdraw approval from applicants for failure to meet approved application procedures and other criteria. (3) Conduct hearings upon request for denial, suspension or revocation of a security alarm business license or security alarm business employee license. (4) Issue subpoenas and compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings. (5) Perform inspections by entering at all reasonable times upon any security alarm business or location of a compliance agent, whether public or private property, for the purpose of determining compliance with or violations of this chapter and the promulgated rules and regulations. The Professional Licensing Section shall give any security alarm business 48 hours to comply and schedule such an inspection. (6) Have all the duties, powers and authority necessary to the enforcement of this chapter, as well as such other duties, powers and authority as it may be granted from time to time by the Superintendent.

Del. Code tit. 24, § 1204 Security alarm business requirements [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) An applicant for a license to operate as a security alarm business in this State shall furnish all of the following information to the Professional Licensing Section: (1) If an applicant for licensure is a sole proprietor, the full name, residential address or address of the place of business, and telephone number. If the sole proprietor will not be personally and actively in charge of the business, the sole proprietor shall provide the same information for the person who will manage the business. The sole proprietor shall subscribe to, verify and swear to the application. (2) If an applicant for licensure is a partnership, the true names, addresses and phone numbers of all the general partners, the name of the partner to be actively in charge of the business or the individual who the partnership appoints to manage the security alarm business. The designated partners or management appointees shall subscribe to, verify and swear to the application. (3) If an applicant for licensure is a corporation, the true names, addresses and phone numbers of the officers and any other corporate officer or management appointee who will be actively involved in the security alarm business. The designated corporate officer or management appointee shall subscribe to, verify and swear to the application. (4) If an applicant for licensure is an sole proprietor, partnership or corporation with no physical presence within the State, the applicant shall state the true name, address and telephone number of the compliance agent within this State who will maintain active security alarm business records, including personnel and training records, and supply them upon demand from the Professional Licensing Section within a 48-hour period. The compliance agent shall subscribe to, verify and swear to the application. (5) A background statement providing the date of inception of the security alarm business or the intended date of inception, the nature of the security alarm business that is the subject of the application, and prior security alarm system work experience both within and outside of this State. (6) If the applicant for licensure is an individual, the applicant’s place of employment for the past 3 years including length of time at each position. (7) A statement detailing whether an applicant has ever been denied a license or permit, or had a license or permit suspended or revoked, in any jurisdiction to engage in the security alarm business industry. (8) A list of any felony or misdemeanor convictions in any jurisdiction for all applicants, officers, management appointees, or compliance agents listed on the application. (9) The Director may require additional information that may reasonably be deemed necessary to determine whether the applicant or individual signing the application meets the requirements of this chapter. (b) The Professional Licensing Section shall review each applicant, officer, management appointee or compliance agent for evidence of good character and organization illustrating a legitimate purpose. The Professional Licensing Section’s review shall include all of the following: (1) A record of arrests or convictions for crimes involving offenses against the person, dishonesty and fraud in relation to business of security alarm systems. (2) A record of complaints filed with the Fraud and Consumer Protection Division of the Delaware Department of Justice or Better Business Bureau regarding the applicant, officers, management appointees or compliance agents. (3) Evidence of a total lack of training or experience in the installation of security alarm systems by any person named in the application; (4) Failure to obtain a bond as required by § 1211 of this title.

Del. Code tit. 24, § 1205 Security alarm business employee, licensee, compliance agent requirements [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) No security alarm business will be issued a license unless all officers, management appointees, or compliance agents who will be actively involved in the security alarm business submit to the State Bureau of Identification their name, Social Security number, race, sex, date of birth, height, weight, hair and eye color, address of legal residence and the provision of such other information as may be necessary to obtain a report of the person’s entire criminal history record by the State Bureau of Identification and a report of the person’s entire Federal criminal history pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544. (b) Whoever wishes to be licensed under this chapter as an employee of a security alarm business must meet and maintain all of the following requirements: (1) Must not have been convicted of a felony. (2) Must not have been convicted of any misdemeanor involving theft or a theft-related offense, drug offense, or moral turpitude within the last 7 years and must also not have any of the following: a. More than 2 of such misdemeanors during such the person’s lifetime. b. A misdemeanor conviction that occurred during or as a result of employment in a capacity regulated by this chapter. (3) Must not have been adjudicated delinquent for conduct as a juvenile which if committed by an adult would constitute a felony, unless and until that person has reached their twenty-first birthday. (4) If a veteran of any branch of the armed forces, must not have been dishonorably discharged. (5) Must meet and maintain the qualifications in the rules and regulations promulgated by the Professional Licensing Section in carrying out the provisions of this chapter.

Del. Code tit. 24, § 1206 Renewal of license [For application of this section, see 81 Del. Laws, c. 73, § 7].

Each license shall expire 2 years after the date of issuance.

Del. Code tit. 24, § 1207 Change in ownership or site of business; revocation of license [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) A new license is required whenever there is any change in the ownership, type of organization, or control of the licensed security alarm business that results in the creation of a new legal entity. (b) In the event of any change in the ownership or type of organization or any change in the address of any office or location, the licensee shall notify the Director of such a change in writing within 14 days of the change. A licensee’s failure to give such notification is sufficient cause for suspension or revocation of the security alarm business license. (c) Each license shall be issued to the person named on the application and shall be valid only for the person named on the license. No license shall be assigned or otherwise transferred to another person, with the exception of a sole proprietorship or partnership that incorporates, where the initial licensee remains as a principal in the newly-formed corporation. (d) Each new officer, management appointee, or compliance agent shall provide the Professional Licensing Section with the information required under § 1204(a) of this title. (e) The Professional Licensing Section shall review each new applicant under subsection (d) of this section as provided under § 1204 of this title. If the applicant fails to meet the standards the license shall be revoked.

Del. Code tit. 24, § 1208 Posting of license [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) Before any applicant shall exercise any rights under the license issued to the applicant, such license, or a certified copy thereof, shall be posted and at all times thereafter, while the same is in force, be displayed in a conspicuous place in the principal office and in each bureau, agency, subagency, office or branch office for which it is issued. (b) No person holding any license approved by the Professional Licensing Section under this chapter may: (1) Post or permit such license to be posted upon premises other than those described therein or to which it may be transferred pursuant to this chapter; (2) Fail to maintain such license in a conspicuous place in such offices or places of business; or (3) Knowingly alter, deface or destroy any such license or permit the alteration, defacement or destruction thereof.

Del. Code tit. 24, § 1209 § § 1209. Identification cards [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) The Professional Licensing Section shall issue identification cards to all persons licensed under this chapter. (b) Any person operating a security alarm business shall provide the Professional Licensing Section with the name, address, Social Security number and 1 set of classifiable fingerprints recorded in the manner required by the Professional Licensing Section for each employee hired, except persons subject to subsection (g) of this section. (c) No individual shall function as an employee of a security alarm business or perform the duties described in subsection (d) of this section without first obtaining the identification card required by this section. (d) Officers, compliance agents, employees, and licensees of all security alarm businesses shall obtain an identification card if they are directly engaged in selling, installing, altering, servicing, moving, maintaining, repairing, replacing, monitoring, or responding to or causing others to respond to security alarm systems within this State. (e) An identification card must be carried by any cardholder at all times such individual is engaged in the security alarm business and must be exhibited upon request. (f) No identification card issued pursuant to this chapter shall be transferable. (g) Officers, compliance agents, employees, and licensees who do not perform functions at an end-user’s premises are not subject to the requirements of subsections (a) through (f) of this section if their duties are limited to selling security alarm systems at a retail store location, online, or by telephone.

Del. Code tit. 24, § 1210 Employee identification cards — Renewal; notice of changes [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) Identification cards approved by the Professional Licensing Section shall expire and be renewable on the fifth anniversary of the date of birth of the applicant next following the date of its issuance. If the applicant’s birth date is February 29, the identification card shall expire and be renewable on February 28 every fifth year. (b) The Professional Licensing Section may refuse to renew an identification card for any grounds set forth in § 1213(a) of this title. (c) A security alarm business shall notify the Professional Licensing Section within 10 days after the termination of employment of, or association of, any identification cardholder of such security alarm business.

Del. Code tit. 24, § 1211 Issuance of license; bond [For application of this section, see 81 Del. Laws, c. 73, § 7].

Upon notification of approval of an application, the newly-licensed security alarm business shall provide the Professional Licensing Section with all of the following at the time of receiving the license and prior to the license being operative: (1) An occupational license issued by the Division of Revenue as evidence of the ability to conduct business in this State for all offices, bureaus, agencies or branches named in the application. (2) A cash bond or evidence that the newly-licensed security alarm business is covered by a surety bond conditioned for the faithful and honest conduct of such business by the newly-licensed security alarm business, executed by a surety company authorized to do business in this State, in a reasonable amount to be fixed by the Professional Licensing Section for any person aggrieved by the misconduct of any person licensed under this chapter.

Del. Code tit. 24, § 1212 Injunctions [For application of this section, see 81 Del. Laws, c. 73, § 7].

Upon authority of the Superintendent, any person that has engaged in or is about to engage in any act or practice that constitutes a violation of any provision of this chapter or any promulgated rule or regulation, the Director may request the Attorney General to make an application to the Court of Chancery for an order enjoining such acts or practices or for an order directing compliance and, upon a showing by the Director that such person has engaged in any such act or practice, a permanent or temporary injunction, restraining order, or other order may be granted.

Del. Code tit. 24, § 1213 Disciplinary proceedings; appeal [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) Grounds. — Subject to the provisions of this chapter, the Superintendent may impose any of the sanctions listed in subsection (b) of this section, singly or in combination, when it finds an applicant, licensee, officer, compliance agent or employee is guilty of any of the following offenses: (1) Conducting a security alarm business without a license. (2) Working as an employee or licensee without an identification card. (3) Lacking good character and legitimate purpose § 1204(b) of this title. (4) Obtaining criminal charges pursuant to § 1205 of this title. (5) Failing to obtain an identification card under § 1209 of this title. (6) Failing to notify subscribers of a security alarm business of a suspension or revocation of its license. (7) Failing to file a surety bond under § 1211 of this title. (8) Failing to surrender a revoked license or identification card. (9) Submitting false or fraudulent information on an application for a license or identification card. (10) Violating any provision of this chapter or any promulgated rule or regulation. (b) Disciplinary sanctions. — (1) Permanently revoke a license or identification card. (2) Suspend a license or identification card. (3) Issue a letter of reprimand. (4) Refuse to issue a license or identification card. (5) Refuse to renew a license or identification card. (6) Other discipline as considered appropriate and necessary. (c) Procedure. — (1) After receipt of written notice from the Professional Licensing Section of the Director’s denial, suspension, or revocation of a license or identification card, the applicant, licensee, officer, compliance agent or employee shall be afforded a hearing before the Superintendent. (2) The accused may be represented by counsel who shall have the right of examination and cross examination. (3) Testimony before the Superintendent shall be under oath. (4) A record of the hearing shall be made. At the request and expense of any party such record shall be transcribed with a copy to the other party. (5) The Superintendent’s decision shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Superintendent may sanction such a person as provided by subsection (b) of this section. A suspended license may be reissued upon a further hearing initiated at the request of the suspended licensee, officer, compliance agent or employee by written application to the Director. (d) All decisions of the Superintendent shall be final and conclusive. Where applicant, licensee, officer, compliance agent or employee is in disagreement with the action of the Superintendent, the practitioner may appeal the Superintendent’s decision to the Secretary of the Department within 30 days of service or the postmarked date of the copy of the decision mailed to the individual. The appeal shall be on the record to the Secretary as provided in the Administrative Procedures Act §§ 10142-10145 of Title 29.

Del. Code tit. 24, § 1214 Penalties [For application of this section, see 81 Del. Laws, c. 73, § 7].

Whoever shall violate any part of § 1213 of this title or any provision of this chapter shall be subject to an administrative penalty not to exceed $500 or imprisonment for a period not to exceed 90 days or both. (1) Assessment of an administrative penalty shall be determined by the nature, circumstances, extent and gravity of the violation, or violations, ability of the violator to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation and such other matters as justice requires. (2) In the event of nonpayment of the administrative penalty after all legal appeals have been exhausted, a civil action may be brought by the Superintendent in any court of competent jurisdiction, including any Justice of the Peace Court, for collection of the administrative penalty, including interest, attorneys’ fees and costs and the validity and appropriateness of such administrative penalty shall not be subject to review.

Del. Code tit. 24, § 1215 Notification of arrest [For application of this section, see 81 Del. Laws, c. 73, § 7].

Any individual licensed under this chapter shall notify the Director within 5 days, excluding weekends and state holidays, of any arrest which could result in a misdemeanor or felony conviction. Failure to do so may result in the suspension or revocation of a license.

Del. Code tit. 24, § 1221 Purpose [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) The purpose of this subchapter is to encourage security alarm system users and security alarm businesses to properly use and maintain the operational effectiveness of security alarm systems in order to improve the reliability of security alarm systems and reduce or eliminate false alarms. (b) This subchapter governs security alarm systems intended to summon law-enforcement response, requires registration by security alarm system users, establishes a system of administration, and provides for the enforcement of penalties for violations of this section.

Del. Code tit. 24, § 1222 Definitions [For application of this section, see 81 Del. Laws, c. 73, § 7].

The following words and phrases, when used in this subchapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: (1) “Alarm” means a security alarm system signal that is created by the activation of a security alarm system. (2) “Arming station” means a device that allows control of a security alarm system. (3) “Automatic voice dialer” means any electrical, electronic, mechanical, or other device capable of being programmed to send a prerecorded voice message, when activated, over a telephone line, radio or other communication system, to a law-enforcement authority, public safety or emergency services agency requesting dispatch. (4) “Cancellation” means the process where response to a security alarm system dispatch request is terminated when a security alarm business for the security alarm system site notifies the responding law-enforcement agency, prior to arrival at the security alarm system site, that there is not an existing situation at the security alarm system site requiring law-enforcement authority response. (5) “Conversion” means the transaction or process by which a security alarm business begins the servicing and/or monitoring of a previously unmonitored security alarm system or a security alarm system previously serviced and/or monitored by another security alarm business. (6) “Duress alarm” means a silent security alarm system signal generated by the entry of a designated code into an arming station in order to signal that the security alarm system user is being forced to turn off the system and requires law-enforcement response. (7) “False alarm” means a security alarm system dispatch request to a law-enforcement authority, when no emergency of actual or threatened criminal activity requiring immediate response exists. This definition includes signals activated by negligence, accident, and mechanical failure; signals activated intentionally in nonemergency situations; and signals for which the actual cause is unknown. There is a rebuttable presumption that an alarm is false if personnel responding from a law-enforcement authority do not discover any evidence of unauthorized entry, criminal activity, or other emergency after following normal police procedures in investigating the incident. An alarm is not false if the security alarm system user proves that: a. An individual activated the alarm based on a reasonable belief that an emergency or actual or threatened criminal activity requiring immediate response existed; b. The security alarm system was activated by a violent condition of nature, including but not limited to tornadoes, floods, earthquakes and lightning, or by an electrical surge that caused physical damage to the system, as evidenced by testimony of a licensed security alarm system contractor who has conducted an on-site inspection and personally observed the damage to the system; c. If the security alarm system user experienced a power outage, causing the alarm to activate upon restoration of power, as evidenced by written documentation provided by Delmarva Power or other applicable provider; or, d. Where there has been a cancellation as defined in paragraph (4) of this section. (8) “Holdup alarm” means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress. (9) “Law-enforcement authority” means any authorized representative of a law-enforcement agency. (10) “Local security alarm system” means any security alarm system, which is not monitored, that annunciates an alarm only at the security alarm system site. (11) “Monitoring” means the process by which a security alarm business receives signals from a security alarm system and relays a security alarm system dispatch request for the purpose of summoning law enforcement to the security alarm system site. (12) “Monitoring station” means an office or entity whereby a security alarm business conducts monitoring of security alarm systems for purposes of dispatch and notification. A monitoring station shall provide a toll-free, 24-hour telephone number for use by a responding law-enforcement agency. (13) “Panic alarm” means an audible security alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring law-enforcement response. (14) “Person” means an individual, corporation, partnership, association, organization, or similar entity. (15) “Responder” means an individual capable of reaching the security alarm system site within 30 minutes and having access to the security alarm system site, the code to the security alarm system, and the authority to approve repairs to the security alarm system. (16) “Security alarm business” is as defined in § 1201 of this title. (17) “Security alarm system” is as defined in § 1201 of this title. (18) “Security alarm system administrator” means a person designated by the State with authority to administer, control and review false alarm reduction efforts and administer the provisions of this section. (19) “Security alarm system dispatch request” means a notification to a law-enforcement authority that a security alarm system, either manual or automatic, has been activated at a particular security alarm system site. (20) “Security alarm system registration” means authorization granted by the security alarm system administrator to a security alarm system user to operate a security alarm system. (21) “Security alarm system site” means a single fixed premises or location served by a security alarm system or systems. Each unit, if served by a separate security alarm system in a multi-unit building or complex, shall be considered a separate security alarm system site. (22) “Security alarm system user” means any person or entity, which has contracted for monitoring, repair, installation or maintenance services from a security alarm business for a security alarm system, or which owns or operates a security alarm system which is not monitored, maintained or repaired under contract. (23) “Takeover” means the transaction or process by which a security alarm system user takes over control of an existing security alarm system, which was previously controlled by another security alarm system user. (24) “Verify” means at least 2 attempts by a security alarm business, or its representative, to contact the security alarm system site and/or security alarm system user by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether a security alarm system signal is valid before requesting law-enforcement dispatch, in an attempt to avoid an unnecessary security alarm system dispatch request. (25) “Zones” means division of devices into which a security alarm system is divided to indicate the general location from which a security alarm system signal is transmitted.

Del. Code tit. 24, § 1223 Registration [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) A security alarm system user shall not operate, or cause to be operated, a security alarm system at its security alarm system site without obtaining a valid security alarm system registration. A separate security alarm system registration is required for each security alarm system site. (b) The security alarm system registration application form must be submitted to the security alarm system administrator within 30 days after the security alarm system at a particular site has been activated or within 30 days after a security alarm system takeover. Failure to submit a timely application will result in a nonregistered security alarm system. Use of a nonregistered security alarm system shall be a violation of this chapter. (c) Each security alarm system application must include the following information: (1) The name, complete address (including apartment/suite number) and telephone numbers of the person who will be the registration holder and be responsible for the proper maintenance and operation of the security alarm system; (2) The name and complete address of the security alarm system site, the classification of the security alarm system site as either residential (includes apartment, condominium, mobile home, etc.) or commercial, and the name, address and telephone number of the person responsible for that security alarm system site; (3) For each security alarm system located at the security alarm system site, the classification of the security alarm system (i.e. burglary, holdup, duress, panic alarms, etc.) and for each classification whether such alarm is audible or silent; (4) The mailing address, if different from the address of the security alarm system site; (5) Any dangerous or special conditions present at the security alarm system site; (6) The names and addresses of at least 2 individuals who are able to, and have agreed to: a. Receive notification of a security alarm system activation at any time and who can respond to the security alarm system site and, upon request, gain access to the security alarm system site and deactivate the security alarm system if necessary; or, b. Receive notification of a security alarm system activation at any time and who has access to the security alarm system user for purposes of deactivating the security alarm system, if necessary. (7) Type of business conducted at a commercial security alarm system site; (8) Signed certification from the security alarm system user stating the following: a. The date of installation, conversion or takeover of the security alarm system, whichever is applicable; b. The name, address and telephone number of the security alarm system inspection company or companies performing the security alarm system installation; conversion or takeover and of the security alarm system installation company responsible for providing repair service to the security alarm system; c. The name, address and telephone number of the monitoring company if different from the security alarm system installation company; d. That a set of written operating instructions for the security alarm system, including written guidelines on how to avoid false alarms, has been left with the applicant by the security alarm system installation company; and, e. That the alarm installation company has trained the applicant in proper use of the security alarm system, including instructions on how to avoid false alarms. (9) Acknowledgment that any delay in law-enforcement authority response time may be influenced by factors including, but not limited to priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, etc. (d) Any false statement of material fact made by an applicant for the purpose of obtaining a security alarm system registration shall be sufficient cause for refusal to issue a registration. (e) A security alarm system registration shall not be transferable to another person or security alarm system site. A security alarm system user shall inform the security alarm system administrator of any change that alters any of the information listed on the security alarm system registration application within 5 days of such change.

Del. Code tit. 24, § 1224 Duties of the security alarm system user [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) A security alarm system user shall maintain the security alarm system site and the security alarm system in a manner that will minimize or eliminate false alarms. (b) A security alarm system user shall maintain at each security alarm system site a set of written operating instructions for each security alarm system. (c) A security alarm system user that is using a security alarm business for monitoring shall provide that security alarm business at least 2 different telephone numbers to verify an alarm. (d) A security alarm system user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of a security alarm system site will sound for no longer than 10 minutes after being activated. (e) A security alarm system user shall not use an automatic voice dialer. (f) Violations of subsections (a), (b), (c) and (d) of this section shall result in an assessment of a civil penalty against the security alarm system user in the amount of $50. A violation of subsection (e) of this section shall result in the assessment of a civil penalty against the security alarm system user in the amount of $100.

Del. Code tit. 24, § 1225 Duties of security alarm businesses [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) A security alarm business shall provide written and oral instructions to each of its security alarm system users for every security alarm system site on the proper use and operation of its security alarm systems. Such instructions shall specifically include all instructions necessary to turn the security alarm system on and off and instructions on the avoidance of false alarms. (b) A security alarm business shall be responsible for the prevention of false alarms during installations, servicing, repairs and maintenance of security alarm systems. (c) A security alarm business shall ensure that battery backup power is installed during new installations of security alarm systems. (d) A security alarm business shall not use an automatic voice dialer. (e) A security alarm business providing monitoring services shall attempt to verify an activated alarm signal by contacting at least 2 different telephone numbers provided by a security alarm system user who has authority to cancel the dispatch before a security alarm system dispatch request is made, unless the security alarm system administrator has waived the 2-call dispatch requirement. This subsection shall not apply to duress and holdup alarms. (f) A security alarm business that issues security alarm system dispatch requests must maintain for a period of at 1 year from the date of a security alarm system dispatch request, records relating to security alarm system dispatch requests. Records must include name, address and telephone number of the security alarm system user, the security alarm system zone or zones activated, the time of a security alarm system dispatch request and evidence of its efforts to verify. These records shall immediately be made available to the security alarm system administrator or any police officer at any time during normal business hours. (g) A security alarm business providing monitoring services shall provide the relevant police department or departments with a toll-free telephone number for contacting monitoring station dispatchers and for obtaining information as provided in subsection (f) of this section. (h) A security alarm business shall not make a security alarm system dispatch request if monitoring equipment indicates a security alarm system malfunction. (i) After completion of the installation of a security alarm system, an employee of the security alarm business responsible for installing the security alarm system shall review with the security alarm system user a false alarm prevention checklist approved by the security alarm system administrator. (j) A security alarm business responsible for monitoring a security alarm system at a registered security alarm system site shall not make a security alarm system dispatch request to a law-enforcement authority in response to a burglar alarm signal, excluding panic, duress and holdup signals, during the first 7 days following a security alarm system installation. The security alarm system administrator may grant a security alarm system user's request for an exemption from this waiting period based upon a determination that special circumstances substantiate the need for the exemption. (k) A security alarm business responsible for monitoring a security alarm system at a registered security alarm system site shall: (1) Report alarm signals by using telephone numbers designated by the security alarm system administrator; (2) Communicate security alarm system dispatch requests to law-enforcement; (3) Communicate cancellations to the law-enforcement authority; (4) Ensure that all security alarm system users of security alarm systems equipped with a duress, holdup or panic alarm are given adequate training as to the proper use of the duress, holdup or panic alarm; (5) Communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the security alarm system dispatch request; (6) Communicate the type of alarm activation (silent or audible, interior or perimeter); (7) Provide a security alarm system user registration number when requesting law-enforcement dispatch; (8) After a security alarm system dispatch request, promptly advise the law-enforcement authority if the monitoring company knows that the security alarm system user or the responder is on the way to the security alarm system site; (9) Attempt to contact the security alarm system user within 24 hours via mail, fax, telephone, or other electronic means when an security alarm system dispatch is made; and, (10) Beginning June 10, 2012, monitoring companies must maintain for a period of at least 1 year from the date of the security alarm system dispatch request, records relating to security alarm system dispatch requests. Records must include the name, address and telephone number of the security alarm system user, the security alarm system zones or zones activated, the time of security alarm system dispatch request and evidence of an attempt to verify. The security alarm system administrator may request copies of such records for individually named security alarm system users. If the request is made within 60 days of an security alarm system dispatch request, the monitoring company shall furnish requested records within 3 business days of receiving the request. If the records are requested between 60 days to 1 year after security alarm system dispatch request, the monitoring company shall furnish the requested records within 30 days of receiving the request. (11) A security alarm system installation company and/or monitoring company that purchases security alarm system accounts from another person shall notify the security alarm system administrator of such purchase and provide details as may be reasonably requested by the security alarm system administrator.

Del. Code tit. 24, § 1226 Duties and authority of the security alarm system administrator [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) The Department of Safety and Homeland Security, or its designee, shall: (1) Designate a manner, form and telephone number for the communication of security alarm system dispatch requests; and (2) Establish a procedure to accept cancellation of security dispatch requests, which shall be used by the security alarm system administrator to enforce the provisions of this section. (b) The security alarm system administrator shall establish a procedure to record such information on security alarm system dispatch requests necessary to permit the security alarm system administrator to maintain records, including, but not limited to, the information listed below: (1) Identification of the registration number for the security alarm system site; (2) Identification of the security alarm system site; (3) Date and time security alarm system dispatch request was received, including the name of the monitoring company and the monitoring operator name or number; (4) Date and time of law-enforcement authority arrival at the security alarm system site; (5) Zone and zone description, if available; (6) Weather conditions; (7) Name of security alarm system user's representative at the security alarm system site, if any; (8) Identification of the responsible security alarm system installation company or monitoring company; (9) If the law-enforcement authority was unable to locate the address of the security alarm system site; and, (10) Cause of the alarm signal, if known. (c) The security alarm system administrator shall establish a procedure for the notification of a false alarm to the security alarm system user. The notice shall include the following information: (1) The date and time of law-enforcement authority response to the false alarm; (2) A statement urging the security alarm system user to ensure that the security alarm system is properly operated, inspected and serviced in order to avoid false alarms and resulting fines. (d) The security alarm system administrator may require a conference with a security alarm system user and the security alarm system installation company and/or monitoring company responsible for the repair or monitoring of the security alarm system to review the circumstances of each false alarm. (e) The security alarm system administrator may require a security alarm system user to remove a holdup alarm that is a single action, nonrecessed button, if a false holdup alarm has occurred.

Del. Code tit. 24, § 1227 False alarms [For application of this section, see 81 Del. Laws, c. 73, § 7].

No security alarm system user shall cause, allow or permit the security alarm system to give 3 false alarms at a security alarm system site within a calendar year.

Del. Code tit. 24, § 1228 Penalties [For application of this section, see 81 Del. Laws, c. 73, § 7].

A security alarm system user in violation of § 1227 of this title shall be subject to a civil penalty as follows: (1) Fourth false alarm: $50 civil penalty; (2) Fifth false alarm: $75 civil penalty; (3) Sixth false alarm: $100 civil penalty; (4) Seventh and any false alarm thereafter within a calendar year: $250 civil penalty for each offense.

Del. Code tit. 24, § 1229 Civil penalties and appeals [For application of this section, see 81 Del. Laws, c. 73, § 7].

(a) Summons and notice of violation. — A summons for payment of a violation of this subchapter may be executed by mailing such summons to the security alarm system user at the address where the security alarm system is located. (b) Payment. — Persons electing to pay a civil penalty shall make payments to the entity designated on the summons for payment. Procedure for payment under this section shall be by regulation of the Department of Safety and Homeland Security, or by regulation, code or ordinance of the applicable municipality or county. (c) Procedure to contest a violation. — A security alarm system user receiving a summons pursuant to this subchapter may request a hearing to contest the violation by notifying, in writing, the entity designated on the summons within 30 days of the date of the mailing of the summons. Upon receipt of a timely request for a hearing, an administrative hearing shall be scheduled pursuant to regulations set forth by the Department of Safety and Homeland Security and the security alarm system user shall be notified of the hearing date by first class mail. The hearing may be informal and shall be held in accordance with the regulations of the Department of Safety and Homeland Security. Costs for such hearing shall not be assessed against the prevailing party. (d) Appeal of administrative hearing. — Either party may elect to appeal an administrative decision to the Justice of the Peace Court, which shall have exclusive jurisdiction to hear the appeal. An appeal to the Justice of the Peace Court shall be the final right of appeal. (e) Failure to pay and successfully contest the violation. — If the security alarm system user fails to pay the civil penalty, to respond to the summons within the time specified on the summons, and/or to successfully contest the civil penalty, the Department of Safety and Homeland Security, or its designee, may establish procedures for the collection of these civil penalties, and may enforce the civil penalty by civil action in the Justice of the Peace Court, including seeking judgment and execution on a judgment against the security alarm system user.

Del. Code tit. 24, § 1230 Confidentiality [For application of this section, see 81 Del. Laws, c. 73, § 7].

In the interest of public safety, all information contained in and gathered through the security alarm system registration applications shall be confidential information.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title24/c012/sc01/index.htmlFetched: 10/4/2026