SUBCHAPTER 05D – PYROTECHNICS

 

SECTION .0100 - GENERAL PROVISIONS

 

11 NCAC 05D .0101          DEFINITIONS

As used in this Subchapter:

(1)           "Assistant display operator" means an  individual who assists the operator in exhibiting, using, handling, manufacturing, or discharging pyrotechnics at a concert or public exhibition in this State.

(2)           "ATF" means the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

(3)           "Display Operator" means an individual who exhibits, uses, handles, manufactures, or discharges pyrotechnics at a concert or public exhibition in this State.

(4)           "NFPA" means the National Fire Protection Association.

(5)           "OSFM" means the Office of State Fire Marshal in the North Carolina Department of Insurance.

(6)           "Permit" means a display operator permit.

(7)           "Permittee" means an individual to whom a display operator permit has been issued by OSFM under Article 82A of Chapter 58 of the General Statutes and this Subchapter.

(8)           "Proximate audience display" means a display of special effects fireworks that occurs within a building or structure or that occurs outside before an audience closer than 75 feet to the pyrotechnics in accordance with NFPA 1126.

(9)           "Proximate Operators Permit" means a permit for an operator for pyrotechnic devices used for special effects by professionals in the performing arts in conjunction with theatrical, musical, or other productions that are similar to consumer fireworks in chemical compositions and construction, but are not intended for consumer use and are not labeled as such.

(10)         "Pyrotechnics" has the same meaning as in G.S. 14-414.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

11 NCAC 05D .0102          DISPLAY OPERATOR’S IDENTIFICATION BADGES

OSFM shall issue an identification badge to a display operator and an assistant display operator, which will serve as the permit.  The display operator or assistant display operator shall be in possession of, and display his or her identification badge on his or her person, at all times during the delivery, setup, and performance of the display. 

 

History Note:        Authority G.S. 58-82A-1; 58-82A-3;

Eff. February 1, 2010.

 

11 NCAC 05D .0103          DISPLAY OPERATOR'S PERMIT

(a)  The applicant shall provide proof of successful completion of the OSFM training program or another program that OSFM determines to be substantially equivalent to the OSFM training program.

(b)  The applicant must achieve a passing score of 80 percent on the written examination required by G.S. 58-82A-3(b)(4).

(c)  The applicant shall submit evidence of participation in the safe performance of three pyrotechnic displays.

(d)  In order to operate proximate audience displays as a permittee, the applicant shall submit evidence of participation in the safe performance of three proximate audience displays.

 

History Note:        Authority G.S. 58-82A-1; 58-82A-3;

Eff. February 1, 2010.

 

11 NCAC 05D .0104          ASSISTANT DISPLAY OPERATOR'S PERMIT

OSFM shall not issue an assistant display operator's permit to any individual who has applied for the permit unless the applicant has read OSFM fireworks safety guidelines and correctly answered 80 percent of the questions contained in the operator's assistant exam.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0105          ASSISTANT DISPLAY OPERATOR'S CERTIFICATION

(a)  An individual may assist with the set up, safety, firing, and removal of pyrotechnics displays without a permit as long as the assistant does not handle pyrotechnics materials covered under the ATF licensing requirements, provided that the individual shows the county fire code official that he or she:

(1)           Has read and understands OSFM fireworks safety guidelines and correctly answered 80 percent of the questions contained in the operators assistant exam; and

(2)           Signs the OSFM fireworks safety application form and provides a fire code official with the signed application form.

(b) As used in this Rule, "fire code official" means an individual certified by the North Carolina Code Officials Qualification Board as the primary official responsible for the enforcement of the North Carolina Fire Code within a county or city.

(c)  Upon successful completion of the show, the assistant certification card issued by the code official may be sent in a sealed envelope to:

Office of the State Fire Marshal

Pyrotechnic Permitting

1202 Mail Service Center

Raleigh, NC  27699-1202

Receipt of the certification card with all information provided assures the applicant that OSFM shall give credit towards the completion of the three show requirement for Pyrotechnics and Proximate Operators.

(d)  The application and all additional documentation provided for certification shall be retained by the code official for a minimum of 72 hours following the completion of the permitted show.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0106          APPLICATION FOR PERMIT

(a)  All applications for a permit shall be signed by the applicant and submitted on forms provided by OSFM and must be accompanied by the following additional information:

(1)           A copy of the applicant's driver's license or other government issued identification that includes the date of birth and photograph;

(2)           A 2 inch by 2 inch photograph, taken within the preceding two years. The photograph must show the applicant from a front view with his or her full-face and head and shoulders visible. OSFM shall reject photographs showing the applicant wearing sunglasses, hats, scarves, or any objects that obscure the applicant's identity;

(3)           The applicable permit fee.

(b)  Upon receipt and review of the application, OSFM shall issue the appropriate permission letter to take an examination or shall notify the applicant of the reason for the denial of the permit.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0107          EXAMINATION

(a)  An applicant must complete a written examination designed to demonstrate the applicant's knowledge of Article 54 of Chapter 14 of the General Statutes, this Subchapter, and NFPA 1123, NFPA 1126 standards relating to safe practices for the storage, use, handling, discharge and display of pyrotechnics administered by OSFM and achieve a passing score of at least 80.

(b)  The examination shall be prepared by OSFM.

(c)  Persons who do not pass the examination may retake the examination two times after the initial failed test.  Thirty days must elapse between a failed examination and a subsequent examination. 

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0108          APPLICATION FOR RECIPROCITY

(a)  Display operators who are licensed or permitted in other states shall submit:

(1)           the OSFM permit application;

(2)           the state license or state permit for which the applicant is seeking  reciprocity; and

(3)           a letter from the reciprocal state issuing agency indicating the applicant's license or permit is in good standing.

(b)  The applicant for an operator’s permit shall be at least 21 years of age at the time of application.

(c)  The applicant for an assistant operators permit shall be at least 18 years of age at the time of application.

 

History Note:        Authority G.S. 58-82A-1; 58-82A-3;

Eff. February 1, 2010.

 

11 NCAC 05D .0109          PERMIT RENEWAL

(a)  Permittees may apply for renewal of their permits during the 60-day period before and 60-day period after the permit expiration date.  Submission of a renewal application shall be on forms provided by OSFM, and shall be submitted together with the required fee.

(b)  Any permit that is not renewed within 60 days after its expiration shall be cancelled. Any requests after that date to renew or restore shall be treated as a new application.

(c)  During the 60-day period after the permit expiration, no permittee shall engage in any conduct or activities for which a permit is required until the permit is renewed or issued as a new permit.

(d)  A permittee who is serving in the armed forces of the United States and to whom G.S. 105‑249.2 grants an extension of time to file a tax return shall be granted an extension of time to pay any permit renewal application fee as a condition of renewing a permit.  The extension is for the same period that would apply if the fee were a tax.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0110          FEES

Applicants and permittees shall pay the following nonrefundable fees to OSFM for administration of pyrotechnics training and permitting:

(1)           Display operator initial permit application                                                     $100.00

(2)           Display operator permit renewal application                                                 $100.00

 

History Note:        Authority G.S. 58-82A-1; 58-82A-3;

Eff. February 1, 2010.

 

11 NCAC 05D .0111          NOTIFICATION TO OSFM

(a)  Written communications to OSFM shall be mailed to:

Office of the State Fire Marshal

Pyrotechnic Permitting

1202 Mail Service Center

Raleigh, North Carolina 27699-1202

(b)  A permittee shall notify OSFM in writing within seven calendar days after any of the following events:

(1)           Discovery that his/her permit has been lost, stolen, or destroyed; or

(2)           The permittee's reciprocal out-of-state license or permit has been terminated, suspended, or revoked. The permittee shall also send OSFM a copy of any written notice of termination, suspension, or revocation; or

(3)           A violation of any requirement of a permit issued under G.S. 14-413; or

(4)           A conviction of a crime under Article 54 of Chapter 14 of the General Statutes.

(c)  A permittee shall notify OSFM in writing within 10 days after a change in the permittee's address or name.

 

History Note:        Authority G.S. 58-82A-1; 58-82A-3;

Eff. February 1, 2010.

 

11 NCAC 05D .0112          REPLACEMENT AND DUPLICATE PERMIT

(a)  If a permit has been lost, stolen, or destroyed, the permittee shall notify OSFM. Upon receipt of the written notification, OSFM shall issue a replacement permit.

(b)  If a permit becomes worn or damaged to the extent that it is illegible in any respect, or if the permittee changes his or her address or name, the permittee shall return the permit to OSFM. Upon receipt of the original permit and proof of any changes necessary to maintain correct information, OSFM shall issue a replacement permit.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0113          REPORT OF THEFT OR LOSS OF PYROTECHNICS

(a)  A permittee shall report the theft or loss of pyrotechnics to the county sheriff or city police, to ATF and to OSFM, by telephone, within eight hours after the permittee discovers the theft or loss.  OSFM may be reached at 919-661-5880 during normal working hours and at the North Carolina Highway Patrol dispatch number, 919-733-3861, outside normal working hours.

(b)  Within 24 hours after discovery of the loss or theft, the permittee shall provide OSFM written notice that includes a description of the pyrotechnics, including the manufacturer, brand name, any manufacturer marking and quantity, and a description of the circumstances surrounding the theft or loss.  The written notice shall also name the law enforcement agencies contacted by the permittee under Paragraph (a) of this Rule.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0114          REPORT OF INJURY OR PROPERTY DAMAGE

(a)  A permittee shall notify OSFM within 24 hours after any of the following involving pyrotechnics:

(1)           A fire causing property damage in excess of one thousand dollars ($1,000) to an automobile or ten thousand dollars ($10,000) to real property; or

(2)           An injury to any person caused by the display resulting in hospitalization; or

(3)           Damage to property in excess of one thousand dollars ($1,000), not related to fire.

(b)  OSFM may be reached at 919-661-5880 during normal working hours and at the North Carolina Highway Patrol dispatch number, 919-733-3861, outside normal working hours.

(c)  The permittee shall submit a written report to OSFM within three days after a pyrotechnics display conducted by the permittee if any of the following occurred:

(1)           Any of the incidents identified in Paragraph (a) of this Rule; or

(2)           Whenever a defective pyrotechnic product or equipment resulting in any amount of injury or damage occurs.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.

 

11 NCAC 05D .0115          INSPECTIONS

(a)  A permittee shall make any records required under Article 54 of Chapter 14 of the General Statutes and Article 82A of Chapter 58 of the General Statutes available to authorized representatives of OSFM or a city or county fire code official.

(b)  A permittee shall allow the display site, storage facility, or delivery point to be inspected at all times by authorized representatives of OSFM or a city or county fire code official.

 

History Note:        Authority G.S. 58-82A-1;

Eff. February 1, 2010.