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Regulations Relating to Private Security Services

Regulations Relating to Private Security Services

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Regulations Relating to Private Security Services

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  1. Regulations Relatingto Private Security Services Summary of Changes Effective: September 1, 2013

  2. Definitions

  3. 6 VAC 20-171-10 – Definitions:Detector Canine related terms: • Detector canine • Detector canine handler • Detector canine handler examiner • Detector canine team In addition detector canine terms have been added into the definitions of Certification, Private security services business, Private security services business personnel, Private security services registrant and Registration category.

  4. 6 VAC 20-171-10 – Definitions:Locksmith related terms: • Key cutting • Locksmith • Locksmith services In addition locksmith has been “permanently” added into the definitions of Private security services business, Private security services business personnel, Private security services registrant and Registration category.

  5. 6 VAC 20-171-10 – Definitions:Training related terms: • Classroom training • Entry-level training • Job-related training • Learning Management System • Network administrator • On-line training • Session

  6. 6 VAC 20-171-10 – Definitions:Additional terms: • Electronic images • Firm • Intermediate weapon • Related field

  7. Fees

  8. 6 VAC 20-171-20 – FeesAmendments to fee structure for businesses, training schools and instructors and separation of certification application fees and required regulatory compliance training fees. • Businesses can apply for a one year or two year initial license. Renewals remain for a 2 year cycle. 6VAC20-171-20 • Training schools will be required to submit an additional $50.00 category fee - 6VAC20-171-80(B)(10) • Instructors will be required to submit an additional $10.00 category fee - 6VAC20-171-100(B)(4) • Fee established for Detector Canine Handler Examiner certification and amendments to the Compliance Agent fee structure for application and training. 6VAC20-171-20

  9. 6 VAC 20-171-20 (D) – Fees Manual processing service fee. The department shall collect a $5.00 service fee for any applications under this chapter that are submitted to the department by other means than the available electronic methods established by the department.* *This regulation will not be enforced until a new on-line system is fully implemented and tested by the Department. Notice will be sent to the industry when in effect. (Fingerprint cards/applications will not be affected)

  10. 6 VAC 20-171-30 – Fingerprint processingAmendments reflect current criminal history records search process utilized by the Department. Fingerprint applications will be active for 120 days from the date of submittal. Application for licenses, registrations, and certifications must be submitted within that 120-day period or initial fingerprint submittal will be required.

  11. Private SecurityServicesBusiness

  12. PRIVATE SECURITY SERVICES BUSINESS • Businesses can apply for a one year or two year initial license. Renewals remain for a 2 year cycle. 6VAC20-171-20 • Fingerprints must be submitted for principal/supervisor and *electronic security employee (if applicable) 6VAC20-171-50 (B)(1) • * please review the definition of electronic security employee in the definitions 6VAC20-171-10 • New business categories: locksmith and detector canine. 6VAC20-171-50 (B)(8) • Clarify what constitutes a legal entity change thus requiring a new license. 6VAC20-171-50 (E)

  13. PRIVATE SECURITY SERVICES BUSINESS • Removed the exemption for sole proprietors to incorporate without having to submit for new licensure. 6VAC20-171-50 (F) • Specifies the type of required general liability insurance. ($100,000 per individual occurrence & $300,000 general aggregate) 6VAC20-171-50 (B) (2) • Businesses that reinstate may continue to operate during the reinstatement period. 6VAC20-171-190 • The Department will notify the last known licensed business if an employed registrant is subject to disciplinary action. 6VAC20-171-200 (F)

  14. PRIVATE SECURITY SERVICES BUSINESS • Businesses must report a physical address for records and the physical address for all locations in Virginia in which regulated services are offered and must report all fictitious names. 6VAC20-171-220 (1 & 2) • Establish that each day of uninsured activity can be construed as an individual violation. 6VAC20-171-220 (5) • Removed the restriction that compliance agents can only work for one company and inserted a requirement to provide the name of a responsible person upon the termination of an active Compliance Agent. 6VAC20-171-220 (7 & 9)

  15. PRIVATE SECURITY SERVICES BUSINESS • Ensure that regulated employees carry the department issued registration card or temporary registration, and a photo ID while on duty 6VAC20-171-220 (19) • Ensure all regulated employees authorized to work for 90 days while completing training standards carry a photo ID and an authorization form issued by the licensee while on duty. 6VAC20-171-220 (20) • Maintain a written use of force policy. Employees must certify they understand policy. 6VAC20-171-220 (21)

  16. PRIVATE SECURITY SERVICES BUSINESS • Maintain records for individuals carrying intermediate weapons to verify training in the use of the weapon. 6VAC20-171-220 (22) • Maintain records of detector canine handler team certifications and photos. 6VAC20-171-220 (23) • Prevent a licensee from acting as an ostensible licensee for undisclosed persons. 6VAC20-171-230 (28) • Not provide false or misleading information to the department or materially incorrect, misleading, incomplete or untrue information. 6VAC20-171-230 (29 & 30)

  17. ComplianceAgents

  18. Compliance Agent • 6VAC20-171-70 includes amendments to clarify the application process. The application procedures include a compliance agent certification application and a separate enrollment process for training. • Two new sections have been inserted: • 6 VAC 20-171-71 – Compliance Agent Certification Renewal Requirements • 6 VAC 20-171-72 – Compliance Agent Regulatory Compliance Training Requirements. • The amendments do not make any major changes to the requirements but provide clarity and make the process inclusive in one article of the regulations compared to being spread throughout the document.

  19. Compliance Agent • Compliance Agent Certification Application Fees • Initial - $50.00 • Renewal - $25.00 • Compliance Agent Training Fees • Entry-Level - $75.00 • In-Service - $50.00 (within last 12 months of cert) • Compliance Agents can now be employed for more then one licensee at a time. • Reinstatement period has been increased from 30 days to 60 days. 6VAC20-171-180(E)

  20. Compliance AgentsCompliance Agents have many of the same administrative requirements and standards of conduct as the business licensee • Ensure that regulated employees carry the department issued registration card or temporary registration, and a photo ID while on duty 6VAC20-171-240 (9)(d) • Ensure all regulated employees authorized to work for 90 days while completing training standards carry a photo ID and authorization form while on duty. 6VAC20-171-240 (9)(e) • Not provide false or misleading information to the department or materially incorrect, misleading, incomplete or untrue information. 6VAC20-171-240 (17 & 20) • Not use access to the department’s database information for any other purpose than verifying employee’s application status or allow another to use access . 6VAC20-171-240 (18,19)

  21. Private SecurityServices Training Schools

  22. Private Security Services Training School • Clarify what constitutes a legal entity change thus requiring a new application for certification 6VAC20-171-80(F) • Removes the exemption for sole proprietors to incorporate without having to submit for a new certification 6VAC20-171-80(G) • Specify the type of required general liability insurance. ($100,000 per individual occurrence & $300,000 general aggregate) 6VAC20-171-80(B)(2)

  23. Private Security Services Training School • Categories of Training – new $50.00 fee per additional category6VAC20-171-80(B)(10) 1) Security officer/couriers/alarm respondent (armed and unarmed) to include arrest authority 2) Private investigators 3) Locksmiths, electronic security personnel to include central station dispatchers 4) Armored car personnel 5) Personal protection specialists 6) Detector canine handlers/Security canine handlers 7) Special Conservators of the Peace 8) Bail Bondsmen/Bail Enforcement Agent 9) Firearms

  24. Training school administrative requirements. • Each day of uninsured activity would be construed as an individual violation of the requirement to maintain current liability coverage. 6VAC20-171-250(7) • Maintain at all times with the department its current operating name and fictitious names. 6VAC20-171-250(11) • Inform the department and Compliance Agent of the employing business within 7 days of any person who fails to re-qualify with a minimum passing score on the range. 6VAC20-171-250(23) • Required for the school and director

  25. Training school administrative requirements. • Prevent a licensee from acting as an ostensible licensee for undisclosed persons. 6VAC20-171-260(26) • Not provide false or misleading information to the department or materially incorrect, misleading, incomplete or untrue information. 6VAC20-171-260 (25 & 27) • (Training Director) Not use access to the department’s database information for any other purpose than verifying employee/student application status or allow another to use access . 6VAC20-171-270 (11-12)

  26. Certifications General Instructor Firearms Instructor Detector Canine Handler Examiner

  27. Private Security Services Instructor Amendments include a new category of training fee and range qualification requirements for firearms instructors (including patrol rifle). • Categories of Training – new $10.00 fee per additional category6VAC20-171-100(B)(4) 1) Security officer/couriers/alarm respondent (armed and unarmed) to include arrest authority 2) Private investigators 3) Locksmiths, electronic security personnel to include central station dispatchers 4) Armored car personnel 5) Personal protection specialists 6) Detector canine handlers/Security Canine 7) Special Conservators of the Peace 8) Bail Bondsmen/Bail Enforcement 9) Firearms

  28. Private Security Services Instructor • General Instructor Eligibility 6VAC20-171-100(A) • 18 years of age • High school diploma or equivalent • Complete Instructor Development Course • Experience (PSS, LE or Related) • Previous training and minimum of 2 years work experience for those subjects certification is requested. • US citizen or legal resident alien

  29. Firearms Instructor – 6VAC20-171-100-110 • All firearms instructors must obtain a minimum qualification of 85% on the range in order to apply or renew a firearms instructor certification. • Revolver • Semi-automatic handgun • Shotgun • Patrol Rifle (if applicable) • Range qualifications must be within the 12 months immediately preceding the initial or renewal application.

  30. Private Security Services Instructor • Maintain documentation of successful completion of two hours of professional development or in-service if registered in that category. 6VAC20-171-280(15) • Not provide false or misleading information to the department or materially incorrect, misleading, incomplete or untrue information. 6VAC20-171-280 (17-18) • Transport, carry, and utilize firearms while on duty only in a manner that does not endanger the public health, safety and welfare. 6VAC20-171-280 (19)

  31. Private Security Services Instructor • Report in writing to the training school director within 24 hours of any person regulated under this chapter who fails to re-qualify with a minimum passing score on the range. 6VAC20-171-280(20) • Provide the individual with a Failure to Re-Qualify Notice. 6VAC20-171-280(21) • Subject Matter Specialist Authorization: Can be issued by Department for a period not to exceed 24 months. 6VAC20-171-290

  32. Detector Canine Handler Examiners • Eligibility6VAC20-171-115 • 18 years of age & High school diploma or equivalent • 5 years handler experience - 2 years trainer experience • Experience must be within the previous 10 yrs. • Active certification from: • Department approved national organization • Unit of the US military or other formal entity. • US citizen or legal resident alien • Renewal Requirements 6VAC20-171-116 • Maintained National/Military certification • Completed 16 hours continuing education • Be in good standing

  33. Detector Canine Handler Examiners Consistent administrative requirements and standards of conduct as other regulated individuals as well as: • Must be employed by school or business and notify department upon termination. 6VAC20-308(A)(5) • Conduct examinations in accordance with the standards of the Department of Defense Military Working Dog Program, Scientific Working Group on Dog and Orthogonal Detector Guidelines or DCJS approved organization. 6VAC20-308(A)(6) • Notify the department within 10 calendar following termination of any certification as a detector canine handler examiner. 6VAC20-308(A)(7) (National/Military/Approved Certification)

  34. Detector Canine Handler Examiners • Notify the department within 10 days of any detector canine handler or detector canine who fails to successfully complete the certification. 6VAC20-308(A)(8) • Maintain documentation and a photograph of the examined detector canine team for three years for all examinations conducted that verifies compliance with requirements pursuant to Code of Virginia. 6VAC20-308(A)(9) • Utilize only department-approved certification examinations for the testing and certification of detector canine teams. 6VAC20-308(A)(10)

  35. Training

  36. On-line In-Service Training Programs6VAC20-171-305 – NEW SECTION Requirements for a Certified Private Security Services School to offer on-line training. In-Service ONLY Current Schools providing On-Line training must meet the new requirements. • PSS Training School certification (in good standing) • Courses must meet the minimum compulsory in-service training standards, by topic and hour requirements. • Certified instructor available during normal business hours. • Online training material must be approved by the department. • Students must complete course within 30 days of the first log-on to the training school. • All online training must be delivered through a Learning Management System (LMS).

  37. Amendments to Entry-Level Training6VAC20-171-350 • New Training Courses: • 25E – Locksmith Entry-Level – 18 hours • 4ED – Detector Canine Handler – 160 hours • Signs of Terrorism added to Entry-Level Courses • Security Officer Core Subjects • Armored car personnel • Private Investigator • Personal Protection Specialist • Electronic Security core subjects • Locksmith • Detector Canine Handler

  38. Amendments to In-Service Training 6VAC20-171-360 • New Training Courses: • 25I – Locksmith In-Service – 4 hours • 04ID – Detector Canine Handler – 8 hours • 30I - Electronic Security Subjects In-Service • Required for all Electronic Security Categories • Replaces 35I, 38I and 39I • Increased from 2 hours to 4 hours • In-Service training may include a maximum of 1 hour dedicated to the review of regulations. 6VAC20-171-300 (D)(11)

  39. Firearms NEW LAW – §9.1-141(A) Effective July 1, 2013 No regulation adopted by the Board shall prevent any person employed by an electronic security business, other than an alarm respondent, or as a locksmith from carrying a firearm in the course of his duties when such person carries with him a valid concealed handgun permit issued in accordance with § 18.2-308. Electronic Security Sales Representatives, Technicians, Technician Assistants, Central Station Dispatchers and Locksmiths are no longer required to apply for a firearm endorsement.

  40. Amendments to Firearms Training • 07E – Entry-Level Handgun Training • Increased from 14 to 16 hours (new curriculum) • Range Qualification – 75% • 75E – Security Officer Handgun Training • New Firearms Course – 24 hours – Required for Armed SO • Range Qualification – 75% • 08E – Entry-level Shotgun Training • Increased from 2 to 3 hours • Range Qualification – 75% • 09E – Advanced Handgun Training • Decreased from 24 hours to 14 hours – new curriculum • Range Qualification – 92% - Required for Armed PPS • 10E – Entry-level Patrol Rifle Training • New Firearms Course – 16 Hours • Range Qualification – 85%

  41. Firearms Requalification • 07R –Handgun Requalification • Classroom Increased from 2 to 4 hours • Range Qualification – 75% • 08R –Shotgun Requalification • Classroom hours - 3 hours • Range Qualification – 75% • 09R – Advanced Handgun Requalification • Classroom Hours – 8 hours • Range Qualification – 92% - Required for Armed PPS • 10R –Patrol Rifle Requalification • Classroom Hours – 4 Hours • Range Qualification – 85%

  42. Firearms Requalification • Individuals who attempt and fail to re-qualify on the range will be issued a notice by the certified school that advises them they are no longer able to work in an armed capacity until they successfully qualify on the range. • This information will also be provided to the compliance agent of the employing licensee if applicable and to DCJS. Individuals who fail to re-qualify may repeat the attempt to re-qualify during the 90 days prior to the expiration date on their current firearm endorsement. Once they successfully qualify them may resume armed service if the endorsement is still active or has been reissued.

  43. Registrations

  44. Private Security Services Registration • New Registration Categories • Locksmith • Narcotics Detector Canine Handler* • Explosives Detector Canine Handler • *You can only be a Narcotics or an Explosive Detector Canine Handler - you may not have both categories. • Photos will no longer be required. We will not be issuing registrations with a photo for the Private Security Program. SCOP, BB and BEA will continue to require a photo ID.

  45. Firearms Endorsements6VAC20-171-135 • New Section to clarify process • Establishes the firearms requirements for Registration categories (i.e. armed security officer, personal protection specialist, etc.) • Endorsements issued for a period not to exceed 12 months. • Establishes that requalification must be completed within the 90 days prior to the expiration of their current endorsement.

  46. 6 VAC20-171-350 –Entry level training 1. Unarmed security officer a. 01E: Security Officer Core Subjects – 18 hours 2. Armed security officer/courier – 50 hours a. 01E Security Officer Core Subjects: 18 hours b. 05E Armed Security Officer Arrest Authority: 8 hours c. 075E Security Officer Handgun: 24 hours d. 08E: Entry-level shotgun: 3 hours 3. Armored car personnel – 28 hours (31 w/ shotgun) a. 03E Armored Car Procedures: 12 hours b. 07E Entry-level Handgun: 16 hours c. 08E Entry–level shotgun: 3 hours

  47. 6 VAC20-171-350 – Entry level training 4. Security canine handler – 30 hours a. 01E: Security Officer Core Subjects: 18 hours b. Prerequisite for 04ES: Basic Obedience Training c. 04ES Security Canine Handler: 12 hours 5. Private Investigator – 60 hours a. 02E: Private Investigator Subjects – 60 hours 6. Personal Protection Specialist – 60-90 hours a. 32E: Personal Protection Specialist – 60 hours b. 07E: Entry –Level Handgun – 16 hours c: 09E: Advanced Handgun – 14 hours 7. Alarm respondent – 18 hours a. 01E: Security Officer Core Subjects – 18 hours

  48. 6 VAC20-171-350 – Entry level training 8. Central station dispatcher – 8 hours a. 30E: Electronic Security Core Subjects – 4 hours b. 38E: Central Station Dispatcher – 4 hours 9. Electronic security sales representative – 8 hours a. 30E: Electronic Security Core Subjects – 4 hours b. 39E: Electronic Security Sales – 4 hours 10. Electronic security technician – 14 hours a. 30E: Electronic Security Core Subjects – 4 hours b. 35E: Electronic Security Technician – 10 hours 11. Electronic security technician’s assistant – 4 hours a. 30E: Electronic Security Core Subjects – 4 hours

  49. 6 VAC20-171-350 – Entry level training 12: Detector Canine Handler – 160 hours a. 04ED: Detector Canine Handler – 160 hours b. Certification exam 13. Locksmith – 18 hours a. 25E: Locksmith – 18 hours