Current through Register Vol. 54, No. 44, November 2, 2024
(a) A
dispensary shall 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 all
of the following:
(1) A
professionally-monitored security alarm system that includes all of the
following:
(i) Coverage of all facility
entrances and exits; rooms with exterior windows, exterior walls, roof hatches
or skylights; storage rooms, including those that contain medical marijuana and
safes; and the perimeter of the facility.
(ii) 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.
(iii) 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.
(iv) A silent alarm signal, known as a holdup
alarm, generated by the manual activation of a device intended to signal a
robbery in progress.
(v) 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.
(vi) 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 5
minutes after the failure.
(vii)
Smoke and fire alarms.
(viii)
Auxiliary power sufficient to maintain security and surveillance systems for no
less than 48 hours following a power outage.
(ix) 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.
(x) Motion detectors.
(2) A professionally-monitored security and
surveillance system that is operational 24 hours per day, 7 days per week and
records continuously in images capable of clearly revealing facial detail. The
security and surveillance system must include all of the following:
(i) Fixed camera placement that allows for a
clear image of all individuals and activities in and around any of the
following:
(A) An area of a facility where
medical marijuana products are loaded or unloaded into or from transport
vehicles.
(B) Entrances to and
exits from a facility. Entrances and exits must be recorded from both indoor
and outdoor vantage points.
(C)
Rooms with exterior windows, exterior walls, roof hatches or skylights and
storage rooms, including those that may contain medical marijuana products and
safes.
(D) Five feet from the
exterior of the perimeter of a facility.
(E) All limited access areas.
(ii) Auxiliary power sufficient to
maintain security and surveillance systems for no less than 48 hours following
a power outage.
(iii) The ability
to operate under the normal lighting conditions of each area under
surveillance.
(iv) The ability to
immediately produce a clear, color, still photograph in a digital format that
meets the requirements of this subsection.
(3) The 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.
(4) The ability to record and store all
images captured by each surveillance camera for a minimum of 180 days, unless
otherwise required for investigative or litigation purposes, in a format that
may be easily accessed for investigative purposes. The recordings must be kept:
(i) At the facility:
(A) In a locked cabinet, closet or other
secure place to protect it from tampering or theft.
(B) In a limited access area or other room to
which access is limited to authorized individuals.
(ii) At a secure location other than the
location of the facility if approved by the Department.
(5) A security alarm system separate from the
facility's primary security system covering the limited access area or other
room where the recordings under paragraph (4) are stored. The separate security
alarm system must meet the same requirements as the facility's primary security
alarm system.
(b) The
following apply regarding the inspection, servicing or alteration of, and the
upgrade to, the dispensary facility's security and surveillance systems:
(1) The systems shall be inspected and all
devices tested once every year by a qualified alarm system vendor and a
qualified surveillance system vendor.
(2) The dispensary shall 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.
(3) The
dispensary shall retain at the facility, for 4 years, in paper or electronic
form, records of all inspections, servicing, alterations and upgrades performed
on the systems and shall make the records available to the Department and its
authorized agents within 2 business days following a request.
(4) In the event of a mechanical malfunction
of the security or surveillance system that the dispensary anticipates will
exceed a 4-hour period, the dispensary shall notify the Department immediately
and, with Department approval, provide alternative security measures that may
include closure of the facility.
(5) The dispensary shall designate an
employee or employees to continuously monitor the security and surveillance
systems at the facility.
(6) The
following requirements apply regarding records retention:
(i) Within 2 business days following a
request, a dispensary shall provide up to four screen captures of an unaltered
copy of a video surveillance recording to the Department or its authorized
agents, law enforcement, or other Federal, State or local government officials
if necessary to perform the government officials' functions and
duties.
(ii) If a dispensary has
been notified in writing by the Department 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 shall retain an unaltered copy of the
recording for 4 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.
(c) A dispensary shall
install commercial-grade, non-residential steel doors and door locks on each
room where medical marijuana products are stored and shall install commercial
grade, nonresidential doors and door locks on each external door of the
facility. Keys or key codes for all doors shall remain in the possession of
designated authorized individuals.
(d) At all times, all entrances to and exits
from the facility must be securely locked.
(e) A dispensary shall have an electronic
back-up system for all electronic records.
(f) A dispensary shall install lighting to
ensure proper surveillance inside and outside of the facility.
(g) A dispensary shall limit access to a room
in a facility 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 Department or its authorized agents; and other persons
with the prior written approval of the Department. The following requirements
apply:
(1) A dispensary shall make available
to the Department or the Department'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.
(2) A dispensary facility shall keep security
and surveillance rooms locked at all times and may not use these rooms for any
other purpose or function.
This section cited in 28 Pa. Code §
1141a.40 (relating to application
for approval of a change in location of an operational
facility).
