A couple weeks ago, we published a post on Avoiding Security-Related Legal Issues. In that post, we focus on commercial security measures that could put you in hot water from a legal standpoint. Many of our commercial customers hire us to help them create security that fits local and national laws and codes. However, we surprise many customers when we tell them that home security measures also have some strict legal guidelines we must adhere to! In fact, we frequently run across security installations don’t live up to industry-related regulations. Today, we’ll show you how we go about avoiding illegal residential security installations.
First, we’ll show you some alarm-related issues that we see time and time again. Namely, we’ll show you how working with companies that don’t hold the proper licenses to install alarms can hurt you. From there, we’ll also look at the dangers of installing an alarm with a company that doesn’t pull a permit. Then, we’ll move on to some surveillance issues that could put you in legal trouble. Specifically, we’ll look at how to place cameras legally, as well as the legal issues surrounding the installation of cameras that capture audio as well as video. Now, let’s dive in with a focus on avoiding illegal residential security installations when installing an alarm!
Alarm Installation Slip-Ups
In most instances, homeowners can have burglar detection equipment installed where and how they see fit. Having said that, the proper installation of an alarm system still requires following legal guidelines. The illegal home security installations described in this section will not put you in trouble with the law. However, they could put your home security company in legal trouble. Additionally, they can lead to a loss of reliable home security on your end. Installation of security equipment that does not follow legal guidelines will likely not provide the desired effectiveness or quality. Unsurprisingly, this in turn can lead to a less effective security system. Let’s look at a couple factors that indicate an illegal home security system installation.
Working with a professional security company to install your alarm can assist you in avoiding illegal residential security installations.
Unlicensed Installation
In order to complete any wiring on their own, technicians in any trade must hold an electrical license. Licenses are issued by state, and licensed electricians are allowed to work with an unlicensed apprentice to complete wiring. Additionally, any company installing home security needs to obtain the proper contractors’ license. In Massachusetts, security contractors require an “S” license to operate. Per the commonwealth’s Department of Public Safety: “In addition to an electrical license, anyone who wishes to engage in the business of installing, repairing, maintaining, or selling any Security Systems, CCTV/Surveillance Systems, Access Control Systems, or Door Entry Systems must obtain an S-license from the Department of Public Safety.”
Companies that quote security work must include their state “S” license number on the quote. We have seen several proposals from other companies to prospective customers that do not contain the proper license information. This often points to companies quoting and performing work that they are not licensed to complete. Unfortunately, many homeowners fall prey to this practice without knowing. Having work done by an unlicensed company can lead to a sub-par installation. Furthermore, this company will most likely work without pulling the proper permits. This, in turn, leads to your security equipment remaining uninspected for safety and quality purposes. Let’s take a closer look at this permitting process and how it safeguards you against an illegal home security system installation.
Working without the Proper Permits
Any installation that requires wiring also requires companies to pull an electrical permit. This permit allows companies to complete electrical work done in the town they’re working in. Pulling a permit helps customers in two ways. First and foremost, companies applying for a permit must show proof that they can legally complete the electrical work. Additionally, once a town or city has a permit application in hand, they can use it to conduct a follow-up inspection on any work done on your property. This inspection assures you that your new equipment will not create a hazard.
Furthermore, inspectors will make sure that all wiring and equipment meets current local codes. If you plan to work with a company that does not indicate that they will pull a permit, consider it a red flag. This could foreshadow a potentially illegal home security installation. At this point, we’ve covered a couple of the bases that security companies must cover to install burglar alarms. Now, let’s look at how residential surveillance systems can create a legal headache for homeowners.
Surveillance on the Wrong Side of the Law
Installing a surveillance system in your home can provide useful security in a couple different ways. For one, cameras create recordings of anything that happens within your property in your absence. Proper camera coverage will allow you to view any successful or attempted crime occurring on your property. Additionally, cameras themselves act as a repellant. Thieves seeing cameras will often leave and choose a less tricky target for their crimes. However, camera installation can also comprise an illegal home security measure if not undertaken properly.
Just as with burglar alarms, companies without the proper permissions occasionally install cameras illegally. Furthermore, national and local guidelines must be met during the course of installing surveillance. Installing cameras in the wrong places or using improper technology can put in hot water. This can lead to legal action against you. Additionally, you may end up having to throw away evidence gathered from cameras installed illegally in the case of a crime. Let’s review some camera installation mistakes that could end up costing you.
Invasive Cameras
More than anything else during the surveillance system design process, customers lean on us for help with camera placement. In fact, designing camera placement carefully represents a major step in avoiding illegal residential security installation. Installing cameras in the wrong locations can take a good surveillance system and put it on the wrong side of the law. First and foremost, we cannot legally install cameras in places of “expected privacy.” In the interior of homes, this may include bathrooms, bedrooms, rooms that could act as changing rooms, and similar locations.
Installing cameras that capture audio, or that capture invasive videos, can land you on the wrong side of the law.
Additionally, exterior cameras may violate surveillance laws as well. Outdoor cameras may well record video of events that take place outside of the property they’ve been installed on. Video from these cameras often includes the street, and even small parts of neighboring lawns. As long as the areas included in the footage are areas that can be easily seen by the general public, this should not create a problem. However, if your cameras can see over neighboring fencing, through a home’s windows, or in any area that the general public would believe to be private, this can lead to legal issues. Working with a professional security company, such as ourselves, on surveillance system design can help ensure that you do not have to experience the consequences of unintentionally installing illegal security cameras. Let’s now shift our focus to a quite commonly-found illegal surveillance tactic.
Capturing Audio from Cameras
In many states, audio recording requires “single party consent.” This means that as long as one party knows about the recording of a conversation, the recording process itself remains legal. This allows customers to place cameras with audio recording equipment on their property without any legal ramifications. While many of the states have laws and acts that further define how this recording may take place, surveillance customers can generally find a legal way to record audio in these states.
On the other hand, Massachusetts has an “all party consent” policy. This means that every party being recorded needs to explicitly consent to this recording taking place. Of course, when it comes to installing cameras, you’d find it simply impossible to make this happen. After all, cameras capturing both audio and video record at all times. There is no practical way for everyone that comes in or around your home to give you permission to record them. For this reason, we simply define installing audio-capturing surveillance in our state as an illegal practice.
Putting it All Together and Avoiding Illegal Residential Security Installations
We hope that this post helps your efforts in avoiding illegal residential security installations. Additionally, we also encourage you to contact us with any questions you may have after reading this post. We will happily answer any and all of your security-related inquiries. Moreover, we also invite you to take advantage of our free site survey program. We offer complimentary security audits and equipment quotes to both new and existing customers alike. While on site, we can find solutions that best fit your security needs as well as your expected security experience. Perhaps you have some security in place, and wish to take advantage of the tips contained here. Or, maybe you don’t have a security plan in place yet, and want to get things started off on the right foot. Either way, we are here to help! Together, we can create a complete security plan to keep you, your home, and your family as safe and secure as possible!