                                 CODE OF VIRGINIA

EXCEPTIONS FROM ARTICLE; TRAINING REQUIREMENTS FOR OUT-OF-STATE CENTRAL STATION
DISPATCHERS (§ 9.1-140)

The provisions of this article shall not apply to:

1. An officer or employee of the United States, the Commonwealth, or a political
subdivision of either, while the officer or employee is performing his official
duties;

2. A person, except a private investigator as defined in &#xA7; 9.1-138, engaged
exclusively in the business of obtaining and furnishing information regarding an
individual&#8217;s financial rating or a person engaged in the business of a
consumer reporting agency as defined by the Federal Fair Credit Reporting Act;

3. An attorney licensed to practice in Virginia or his employees;

4. The legal owner of personal property which has been sold under any security
agreement while performing acts relating to the repossession of such property;

5. A person receiving compensation for private employment as a security officer,
or receiving compensation under the terms of a contract, express or implied, as
a security officer, who is also a law-enforcement officer as defined by &#xA7;
9.1-101 and employed by the Commonwealth or any of its political subdivisions;

6. Any person appointed under &#xA7; 46.2-2003 or 56-353 while engaged in the
employment contemplated thereunder, unless they have successfully completed
training mandated by the Department;

7. Persons who conduct investigations as a part of the services being provided
as a claims adjuster, by a claims adjuster who maintains an ongoing claims
adjusting business, and any natural person employed by the claims adjuster to
conduct investigations for the claims adjuster as a part of the services being
provided as a claims adjuster;

8. Any natural person otherwise required to be registered pursuant to &#xA7;
9.1-139 who is employed by a business that is not a private security services
business for the performance of his duties for his employer. Any such employee,
however, who carries a firearm and is in direct contact with the general public
in the performance of his duties shall possess a valid registration with the
Department as required by this article;

9. Persons, sometimes known as &#8220;shoppers,&#8221; employed to purchase
goods or services solely for the purpose of determining or assessing the
efficiency, loyalty, courtesy, or honesty of the employees of a business
establishment;

10. Licensed or registered private investigators from other states entering
Virginia during an investigation originating in their state of licensure or
registration when the other state offers similar reciprocity to private
investigators licensed and registered by the Commonwealth;

11. Unarmed regular employees of telephone public service companies where the
regular duties of such employees consist of protecting the property of their
employers and investigating the usage of telephone services and equipment
furnished by their employers, their employers&#8217; affiliates, and other
communications common carriers;

12. An end user;

13. A material supplier who renders advice concerning the use of products sold
by an electronics security business and who does not provide installation,
monitoring, repair or maintenance services for electronic security equipment;

14. Members of the security forces who are directly employed by electric public
service companies;

15. Any professional engineer or architect licensed in accordance with Chapter 4
(&#xA7; 54.1-400 et seq.) of Title 54.1 to practice in the Commonwealth, or his
employees;

16. Any person who only performs telemarketing or schedules appointments without
access to information concerning the electronic security equipment purchased by
an end user;

17. Any certified forensic scientist employed as an expert witness for the
purpose of possibly testifying as an expert witness;

18. Members of the security forces who are directly employed by shipyards
engaged in the construction, design, overhaul or repair of nuclear vessels for
the United States Navy;

19. An out-of-state central station dispatcher employed by a private security
services business licensed by the Department provided he (i) possesses and
maintains a valid license, registration, or certification as a central station
dispatcher issued by the regulatory authority of the state in which he performs
the monitoring duties and (ii) has submitted his fingerprints to the regulatory
authority for the conduct of a national criminal history records search;

20. Any person, or independent contractor or employee of any person, who (i)
exclusively contracts directly with an agency of the federal government to
conduct background investigations and (ii) possesses credentials issued by such
agency authorizing such person, subcontractor or employee to conduct background
investigations;

21. Any person whose occupation is limited to the technical reconstruction of
the cause of accidents involving motor vehicles as defined in &#xA7; 46.2-100,
regardless of whether the information resulting from the investigation is to be
used before a court, board, officer, or investigative committee, and who is not
otherwise a private investigator as defined in &#xA7; 9.1-138;

22. Retail merchants performing locksmith services, selling locks or engaged in
key cutting activities conducted at the business location who do not represent
themselves to the general public as locksmiths;

23. Law-enforcement, fire, rescue, emergency service personnel, or other persons
performing locksmith services in an emergency situation without compensation and
who do not represent themselves to the general public as locksmiths;

24. Motor vehicle dealers as defined in &#xA7; 46.2-1500 performing locksmith
services who do not represent themselves to the general public as locksmiths;

25. Taxicab and towing businesses performing locksmith services that do not
represent themselves to the general public as locksmiths;

26. Contractors licensed under Chapter 11 (&#xA7; 54.1-1100 et seq.) of Title
54.1 performing locksmith services when acting within the scope of such license
who do not represent themselves to the general public as locksmiths;

27. Any contractor as defined in &#xA7; 54.1-1100 (i) who is exempt from the
licensure requirements of Chapter 11 (&#xA7; 54.1-1100 et seq.) of Title 54.1,
(ii) where the total value referred to in a single contract or project is less
than $1,000, (iii) when the performance of locksmith services is ancillary to
the work performed by such contractor, and (iv) who does not represent himself
to the general public as a locksmith;

28. Any individual, employed by a retail merchant that also holds a private
security services business license as a locksmith, where such individual&#8217;s
duties relating to such license are limited to key cutting and the key cutting
is performed under the direct supervision of the licensee;

29. Any individual engaged in (i) computer or digital forensic services as
defined in &#xA7; 9.1-138 or in the acquisition, review, or analysis of digital
or computer-based information, in order to obtain or furnish information for
evidentiary purposes or to provide expert testimony before a court, or (ii)
network or system vulnerability testing, including network scans and risk
assessment and analysis of computers connected to a network;

30. Employees and sales representatives of a retailer of electronic security
equipment, provided such employees and sales representatives (i) sell electronic
security equipment at a store location, online, or by telephone, but not at the
end user&#8217;s premises; (ii) are not electronic security technicians; and
(iii) do not have access to end user confidential information regarding the end
user&#8217;s electronic security equipment; or

31. A certified public accountant authorized to practice in the Commonwealth
under Chapter 44 (&#xA7; 54.1-4400 et seq.) of Title 54.1 or his employees.

HISTORY: 1976, c. 737, § 54-729.28; 1977, c. 376, § 54.1-1901; 1981, c. 538;
1983, c. 569; 1984, c. 375; 1988, c. 765; 1992, c. 578, § 9-183.2; 1994, cc.
45, 810; 1995, c. 79; 1996, cc. 541, 543, 576; 1997, cc. 80, 204; 2000, c. 26;
2001, cc. 388, 650, 821, 844; 2002, cc. 578, 597; 2003, c. 136; 2008, c. 638;
2009, c. 225; 2011, c. 263; 2013, c. 411; 2014, c. 214.