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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 6076

June 15, 1982

ALARM SYSTEMS:

Licensing of alarm system contractors by state to the exclusion of municipalities

MUNICIPALITIES:

Licensing of alarm system contractors licensed by the state

A city may not license a burglar alarm system contractor installing alarm systems to which the police are expected to respond after the state has licensed the contractor.

Colonel Gerald L. Hough

Director

Department of State Police

714 South Harrison Road

East Lansing, MI 48823

You have requested my opinion on whether cities may license burglar alarm system contractors installing alarm systems to which the police are expected to respond after the state issues them a license.

The Private Security Guard Act of 1968, 1968 PA 330; MCLA 338.1051, et seq; MSA 18.185(1), et seq, provides for the licensing and regulation of alarm system contractors. 1968 PA 330, supra, Sec. 2(c), defines 'alarm system contractor' to mean 'a person, firm, company, partnership, or corporation engaged in the installation, maintenance, alteration, or servicing of alarm systems or who responds to an alarm system, . . .'

In 1968 PA 330, supra, Sec. 5, the Legislature has provided:

'The department (of state police), upon proper application and upon being satisfied that the applicant is qualified, shall issue the applicant a license to conduct business as an alarm system contractor for a period of 2 years from date of issuance. Upon the issuance of a license to conduct business as an alarm system contractor . . . the applicant shall not be required to obtain any other license from a municipality or political subdivision of this state.' (Emphasis added.)

The Legislature has defined the term 'alarm system' in 1968 PA 330, supra, Sec. 2(a), as follows:

'Alarm system means a detection device or an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention or to which police are expected to respond. A fire alarm system or an alarm system which monitors temperature, humidity, or other condition not directly related to the detection of an unauthorized intrusion into a premises or an unauthorized robbery at a premises is excluded from the provisions of this act.'

The terms of 1968 PA 330, supra, Sec. 5, are clear and unambiguous. The statute expressly prohibits licensing of an alarm system contractor by a municipality or other political subdivision of the state once the Department of State Police issues a license. Therefore, a city may not license alarm system contractors already licensed by the department.

It is my opinion, therefore, that a city may not license a burglar alarm system contractor installing alarm systems to which the police are expected to respond after the state has licensed the contractor.

Frank J. Kelley

Attorney General


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