W. Va. Code R. § 64-110-8

Current through Register Vol. XLI, No. 34, August 23, 2024

Section 64-110-8 - Security and surveillance

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 professionally monitored 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 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:

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 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 8.2.f.2. 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.

W. Va. Code R. § 64-110-8