58-94-101. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 1/1/2027

As used in this chapter:

(a)"Alarm company" means a person that installs, maintains, alters, repairs, replaces, services, or monitors an alarm system.

(b)"Alarm company" does not include:

(i)a person that manufactures or sells an alarm system unless:

(A)that person installs, maintains, alters, repairs, replaces, services, or monitors the alarm system;

(B)the manufacture or sale occurs at a location other than the person's established place of business; or

(C)the manufacture or sale involves a site visit where the alarm system will be installed; or

(ii)the owner of an alarm system, or an employee of the owner of an alarm system, who installs, maintains, alters, repairs, replaces, services, or monitors the alarm system.

(a)"Alarm company agent" means an individual that an alarm company employs within this state that sells, installs, maintains, alters, repairs, replaces, services, or monitors an alarm system.

(b)"Alarm company agent" does not include an individual who does not use or have access to sensitive alarm system information.

(3)"Alarm company officer" means:

(a)a governing person, as defined in Section 16-20-101, of an alarm company;

(b)an individual appointed as an officer of an alarm company that is a corporation in accordance with Section 16-10a-830 ;

(c)a general partner, as defined in Section 16-19-101, of an alarm company; or

(d)a partner, as defined in Section 16-18-101, of an alarm company.

(4)"Alarm company owner" means:

(a)a shareholder, as defined in Section 16-10a-102 , who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the outstanding shares of an alarm company that:

(i)is a corporation; and

(ii)is privately owned; or

(b)an individual who owns directly, or indirectly through an entity controlled by the individual, 5% or more of the equity of an alarm company that is not a corporation.

(5)"Alarm company proprietor" means the sole proprietor of an alarm company that is registered as a sole proprietorship with the Division of Corporations and Commercial Code.

(6)"Alarm company trustee" means a person with control of or power of administration over an alarm company held in trust.

(a)"Alarm system" means equipment for detecting and signaling unauthorized intrusion or entry into or onto a protected premises.

(b)"Alarm system" includes a battery-charged suspended-wire system or fence that interfaces with an alarm system.

(8)"Board" means the Alarm System Security and Licensing Board created in Section 58-94-201 .

(9)"Control position" means a person that exercises direct or indirect control over an entity.

(10)"Control position" includes:

(a)a corporate officer or a director;

(b)a shareholder who owns 25% or more of the stock;

(c)a partner or a member; and

(d)a qualifier.

(11)"Employee" means an individual the division defines by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, giving consideration to the definition adopted by the Internal Revenue Service and the Department of Workforce Services.

(12)"Qualifier" means the individual who has the license that allows an alarm company to engage as a licensed alarm company.

(13)"Responsible management personnel" means:

(a)a qualifier;

(b)an operations manager; or

(c)a site manager.

(14)"Sensitive alarm system information" means:

(a)a passcode or other code used in the operation of an alarm system;

(b)the location of alarm system components at the premises of a customer of the alarm company providing the alarm system;

(c)information that would allow the compromise of an alarm system of a customer of the alarm company providing the alarm system; or

(d)other similar information that the division by rule determines to be information that an individual an alarm company employs should use or have access to only if the individual is licensed in accordance with this chapter.

(15)"Substance use disorder" means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(16)"Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-94-501 .

(17)"Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-94-502 and as may be further defined by rule.

(18)"Wages" means amounts due to an employee for labor or services whether the amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating the amount.

Enacted by Chapter 42 , 2026 General Session