W. Va. Code R. § 64-112-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 64-112-11 - Security and surveillance

11.1. A dispensary 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:

11.1.a. A professionally monitored security alarm system that includes the following:

11.1.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.

11.1.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 in order to signal that the alarm user is being forced to turn off the system.

11.1.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.

11.1.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.

11.1.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.

11.1.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.

11.1.a.7. Smoke and fire alarms.

11.1.a.8. Auxiliary power sufficient to maintain security and surveillance systems for at least 48 hours following a power outage.

11.1.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.

11.1.a.10. Motion detectors.

11.1.b. A professionally monitored 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:

11.1.b.1. Fixed camera placement that allows for a clear image of all individuals and activities in and around the following:

11.1.b.1.A. Any area of the facility where medical cannabis is loaded or unloaded into or from transport vehicles.

11.1.b.1.B. Entrances to and exits from the facility. Entrances and exits must be recorded from both indoor and outdoor vantage points.

11.1.b.1.C. Rooms with exterior windows, exterior walls, roof hatches, or skylights and storage rooms, including those that may contain medical cannabis and safes.

11.1.b.1.D. Five feet from the exterior of the perimeter of the facility.

11.1.b.1.E. All limited access areas.

11.1.b.2. Auxiliary power sufficient to maintain security and surveillance systems for at least 48 hours following a power outage.

11.1.b.3. Ability to operate under the normal lighting conditions of each area under surveillance.

11.1.b.4. Ability to immediately produce a clear, color, still photograph in a digital format that meets the requirements of this subsection.

11.1.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.

11.1.d. Ability to record all images captured by each surveillance camera in a format that may be easily accessed for a period not less than 180 days, unless otherwise required for investigative or litigation purposes as described in paragraph 11.2.f.2. The recordings must be kept:

11.1.d.1. At the facility:

11.1.d.1.A. In a locked cabinet, closet or other secure place to protect it from tampering or theft; and

11.1.d.1.B. In a limited access area or other room to which access is limited to authorized individuals; or

11.1.d.2. At a secure location other than the location of the facility if approved by the bureau.

11.1.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 12.1.d. are stored. The separate security alarm system must meet the same requirements as the facility's primary security alarm system.

11.2. The following apply regarding the inspection, servicing or alteration of, and the upgrade to, the dispensary facility's security and surveillance systems:

11.2.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.

11.2.b. The dispensary 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.

11.2.c. The dispensary 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.

11.2.d. In the event of a mechanical malfunction of the security or surveillance system that the dispensary anticipates will exceed a four-hour period, the dispensary must notify the bureau immediately and, with bureau approval, provide alternative security measures that may include closure of the facility.

11.2.e. The dispensary must designate an employee to continuously monitor the security and surveillance systems at the facility.

11.2.f. The following apply regarding records retention:

11.2.f.1. Within two business days following a request, a dispensary 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, state, or local government officials if necessary to perform the government officials' functions and duties.

11.2.f.2. If a dispensary has been notified in writing by the bureau or its authorized agents, law enforcement, or other federal, state, or local government officials of a pending criminal or administrative investigation for which a recording may contain relevant information, the dispensary 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 dispensary that it is not necessary to retain the recording, whichever is longer.

11.3. A dispensary 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.

11.4. During all nonworking hours, all entrances to and exits from the facility must be securely locked.

11.5. A dispensary must have an electronic back-up system for all electronic records.

11.6. A dispensary must install lighting to ensure proper surveillance inside and outside of the facility.

11.7. A dispensary 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:

11.7.a. A dispensary 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.

11.7.b. A dispensary must keep security and surveillance rooms locked at all times and may not use these rooms for any other purpose or function.

W. Va. Code R. § 64-112-11