W. Va. Code R. § 64-110-8 - Security and surveillance
Current through Register Vol. XXXVIII, No. 51, December 23, 2021
8.1. A grower/processor must have security
and surveillance systems, utilizing commercial-grade equipment, to prevent
unauthorized entry and to prevent and detect an adverse loss. The security and
surveillance systems must include the following:
8.1.a. A professionallymonitored security
alarm system that includes the following:
8.1.a.1. Coverage of all facility entrances
and exits; rooms with exterior windows, exterior walls, roof hatches or
skylights; storage rooms, including those that contain medical cannabis and
safes; and the perimeter of the facility;
8.1.a.2. A silent security alarm system
signal, known as a duress alarm, generated by the entry of a designated code
into an arming station to signal that the alarm user is being forced to turn
off the system;
8.1.a.3. An audible
security alarm system signal, known as a panic alarm, generated by the manual
activation of a device intended to signal a life-threatening or emergency
situation requiring law enforcement response;
8.1.a.4. A silent alarm signal, known as a
holdup alarm, generated by the manual activation of a device intended to signal
a robbery in progress;
8.1.a.5. An
electrical, electronic, mechanical, or other device capable of being programmed
to send a prerecorded voice message requesting dispatch, when activated, over a
telephone line, radio or other communication system to a law enforcement,
public safety, or emergency services agency;
8.1.a.6. A failure notification system that
provides an audible, text, or visual notification of any failure in the
systems. The failure notification system must provide by telephone, e-mail, or
text message an alert to a designated security person within the facility
within five minutes after the failure;
8.1.a.7. Smoke and fire alarms
8.1.a.8. Auxiliary power sufficient to
maintain operation of specified growing and processing areas identified in the
grower/processor's plan of operation for at least 48 hours following a power
outage;
8.1.a.9. The ability to
ensure all access doors are not solely controlled by an electronic access panel
to prevent locks from becoming released during a power outage; and
8.1.a.10. Motion detectors;
and
8.1.b. A
professionallymonitored security and surveillance system that is operational 24
hours a day, seven days a week, and records all activity in images capable of
clearly revealing facial detail. The security and surveillance system must
include the following:
8.1.b.1. Fixed camera
placement that allows for a clear image of all individuals and activities in
and around the following:
8.1.b.1.A. All
limited access areas;
8.1.b.1.B. A
room or area containing a security and surveillance system storage device or
equipment;
8.1.b.1.C. Entrances to
and exits from the facility. Entrances and exits must be recorded from both
indoor and outdoor vantage points;
8.1.b.1.D. Rooms with exterior windows,
exterior walls, roof hatches, or skylights and storage rooms, including those
that may contain medical cannabis and safes; and
8.1.b.1.E. Twenty feet from the exterior of
the perimeter of the facility;
8.1.b.2. Auxiliary power sufficient to
maintain operation for at least 48 hours following a power outage;
8.1.b.3. Ability to operate under the normal
lighting conditions of each area under surveillance;
8.1.b.4. Ability to immediately produce a
clear, color, still photograph in a digital format that meets the requirements
of this subsection;
8.1.c. Ability to clearly and accurately
display the date and time. The date and time must be synchronized and set
correctly and may not significantly obscure the picture;
8.1.d. Ability to record all images captured
by each surveillance camera for a minimum of two years in a format that may be
easily accessed for investigative purposes. The recordings must be kept:
8.1.d.1. At the facility:
8.1.d.1.A. In a locked cabinet, closet or
other secure place to protect it from tampering or theft; and
8.1.d.1.B. In a limited access area or other
room to which access is limited to authorized individuals; or
8.1.d.2. At a secure location
other than the location of the facility if approved by the bureau;
and
8.1.e. A security
alarm system separate from the facility's primary security system covering the
limited access area or other room where the recordings under subdivision 8.1.d.
are stored. The separate security alarm system must meet the same requirements
as the facility's primary security alarm system.
8.2. The following apply regarding the
inspection, servicing or alteration of, and the upgrade to, the site's and
facility's security and surveillance systems:
8.2.a. The systems must be inspected, and all
devices tested once every year by a qualified alarm system vendor and a
qualified surveillance system vendor, as approved by the bureau;
8.2.b. The grower/processor must conduct
maintenance inspections once every month to ensure that any repairs,
alterations, or upgrades to the security and surveillance systems are made for
the proper operation of the systems;
8.2.c. The grower/processor must retain at
the facility, for at least four years, records of all inspections, servicing,
alterations, and upgrades performed on the systems and must make the records
available to the bureau and its authorized agents within two business days
following a request;
8.2.d. In the
event of a mechanical malfunction of the security or surveillance system that a
grower/processor anticipates will exceed an eight-hour period, the
grower/processor must notify the bureau immediately and, with bureau approval,
provide alternative security measures that may include closure of the
facility;
8.2.e. The
grower/processor must designate an employee to continuously monitor the
security and surveillance systems at the facility; and
8.2.f. The following apply regarding records
retention:
8.2.f.1. Within two business days
following a request, a grower/processor must provide up to four screen captures
of an unaltered copy of a video surveillance recording to the bureau or its
authorized agents, law enforcement, or other federal or state government
officials if necessary to perform the governmental officials' functions and
duties; and
8.2.f.2. If a
grower/processor has been notified in writing by the bureau or its authorized
agents, law enforcement, or other federal or state government officials of a
pending criminal or administrative investigation for which a recording may
contain relevant information, the grower/processor must retain an unaltered
copy of the recording for two years or until the investigation or proceeding is
closed or the entity conducting the investigation or proceeding notifies the
grower/processor that it is not necessary to retain the recording, whichever is
longer.
8.3.
The grower/processor must install commercial-grade, nonresidential doors and
door locks on each external door of the facility. Keys or key codes for all
doors must remain in the possession of designated authorized
individuals.
8.4. During all
nonworking hours, all entrances to and exits from the site and facility must be
securely locked.
8.5. The
grower/processor must have an electronic back-up system for all electronic
records.
8.6. The grower/processor
must install lighting to ensure proper surveillance inside and outside of the
facility.
8.7. A grower/processor
must limit access to a room containing security and surveillance monitoring
equipment to persons who are essential to maintaining security and surveillance
operations; federal, state and local law enforcement; security and surveillance
system service employees; the bureau or its authorized agents; and other
persons with the prior written approval of the bureau. The following apply:
8.7.a. A grower/processor must make available
to the bureau or the bureau's authorized agents, upon request, a current list
of authorized employees and service employees or contractors who have access to
any security and surveillance areas; and
8.7.b. A grower/processor must keep security
and surveillance rooms locked at all times and may not use these rooms for any
other purpose or function.
Notes
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