Regulations Relating to Private Security Services

Summary of Changes Effective: September 1, 2013

Definitions

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.

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.

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 VAC 20-171-10 – Definitions:

Additional terms:



Electronic images



Firm



Intermediate weapon



Related field

Fees

6 VAC 20-171-20 – Fees

Amendments 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 -

80(B)(10) 6VAC20-171-

Instructors will be required to submit an additional $10.00 category fee -

100(B)(4) 6VAC20-171-

Fee established for Detector Canine Handler Examiner certification and amendments to the Compliance Agent fee structure for application and training.

6VAC20-171-20

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)

6 VAC 20-171-30 – Fingerprint processing

Amendments 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

.

Private Security Services Business

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)

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)

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)

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)

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)

Compliance Agents

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.

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)

Compliance Agents

Compliance 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)

Private Security Services Training Schools

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)

Private Security Services Training School

 Categories of Training – new $50.00 fee per additional category 6VAC20-171-80(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

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

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)

Certifications

General Instructor Firearms Instructor Detector Canine Handler Examiner

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 category 6VAC20-171-100(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

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

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.

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)

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

Detector Canine Handler Examiners

 Eligibility 6VAC20-171-115 – 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

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)

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)

Training

On-line In-Service Training Programs 6VAC20-171-305 – 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).

Amendments to Entry-Level Training

6VAC20-171-350

 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

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)

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 .

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%

07E Entry-Level Handgun 75E Security Officer Handgun 08E Entry-level Shotgun 09E Advanced Handgun 10E Entry-level Patrol Rifle Private Investigators Alarm Respondent Armored Car Personnel Security or Detector Canine Handlers Personal Protection Specialists* *(prerequisite for 09E) Armed Security Officers (Required) 07E or 75E Prerequisite 07E or 75E Prerequisite Armed Personal Protection Specialist (Required) 75E Prerequisite

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%

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.

Registrations

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.

Firearms Endorsements

6VAC20-171-135  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.

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

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

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

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

6 VAC20-171-360 – In-Service training

• New In-Service Training for Locksmiths (25I) and Detector Canine (4DI) • 30I – Electronic Security Services Subjects has increased from 2 hours to 4 hours and replaces the in-service courses: 35I, 38I and 39I.

6 VAC20-171-460 – Exemptions

• In-Service training exemptions may be issued as long as the approved training was completed within 24 months of the expiration date of the registration.

Registrants

 Unarmed Security Officers, Electronic Security Registrants and Locksmiths working for 90 days while completing training must carry a photo ID and authorization form issued from their employer while on duty. 6VAC20-171-320 (7)  Carry or have access to a patrol rifle while on duty only with the expressed written authorization of the licensed PSS business employing the registrant. Same for carrying a concealed weapon. 6VAC20-171-320 (10 & 11)

Registrants

 Additional requirement to show a photo ID along with ones registration or temporary registration at the request of a law-enforcement officer, department personnel, or client. 6VAC20-171-320 (15)  Not provide false or misleading information to the department or materially incorrect, misleading, incomplete or untrue information. 6VAC20-171-320 (27-28)

Reinstatement and Renewal Extensions

6 VAC 20-171-180 – Reinstatement

Amendments allow a company to continue to operate during reinstatement period and establish continuous authority by Department.

 Applicant will have the same DCJS number and a two year expiration date from previous expiration date. (E)  Continuously licensed without interruption and under disciplinary authority of Department. (F)  Failure to reinstate will be regarded as unlicensed, uncertified, or unregistered. (G)  Firearms endorsements are not eligible for reinstatement . (I)

6VAC20-171-190 – Renewal extension

 May be granted when there is an emergency temporary assignment: (A)(4) – Natural disaster – Homeland security – Documented threat  Requirement that request be submitted in writing may be waived by Department based on an evaluation of the justification for waiver. (B)(1)  The total time for renewal extension, including additional extensions, shall not exceed 12 months beyond the original expiration date. (D)  The PSS entity shall be non-operational during period of extension unless issued a temporary extension. (E)

DCJS Website:

www.dcjs.virginia.gov/pss/ Regulations Relating to Private Security Services: Copy of the Administrative Code with all amendments highlighted. http://www.dcjs.virginia.gov/pss/documents/FinalRegulations9 2013.pdf

Updated forms : Please ensure new forms are utilized.

http://www.dcjs.virginia.gov/forms/sectionForms Apply and Renew : Updated to reflect current requirements.

http://www.dcjs.virginia.gov/pss/howto/index Frequently Asked Questions : Ongoing updates. http://www.dcjs.virginia.gov/pss/faq/