28 Tex. Admin. Code § 34.811 - Requirements, Pyrotechnic Operator License, Pyrotechnic Special Effects Operator License, and Flame Effects Operator License
(a) Applicants for a
pyrotechnic operator license, pyrotechnic special effects operator license, or
flame effects operator license must take a written test and obtain at least a
passing grade of 70%. Written tests may be supplemented by practical tests or
demonstrations deemed necessary to determine the applicant's knowledge and
ability. The content, frequency, and location of the tests must be designated
by the state fire marshal.
(b)
Examinees who fail may file a retest application, accompanied by the required
fee.
(c) An applicant may only
schedule each type of test three times within a 12-month period.
(d) An applicant for a license must complete
and submit all application requirements within one year of the successful
completion of any test required for a license; otherwise, the test is voided
and the individual will have to pass the test again.
(e) The state fire marshal may waive a test
requirement for an applicant with a valid license from another state having
license requirements substantially equivalent to those of this state.
(f) A licensee whose license has been expired
for two years or longer and makes application for a new license must pass
another test.
(g) A pyrotechnic
operator license will not be issued to any person who fails to meet the
requirements of subsection (a) of this section and the following:
(1) assisted in conducting at least five
permitted or licensed public displays in Texas under the direct supervision of
and verified in writing by a pyrotechnic operator licensed in Texas;
and
(2) be at least 21 years of
age.
(h) The application
must be accompanied by a criminal history report from the Texas Department of
Public Safety. For a natural person to be eligible for a pyrotechnic operator
license, pyrotechnic special effects operator license, or flame effects
operator license, the natural person must start the application process by
submitting a formal request for a fingerprint service code by completing the
fingerprinting process information required on the department's website at
www.tdi.texas.gov/fire/fingerprinting-process.html.
The requesting natural person must submit information necessary to complete the
fingerprint service code request, including the natural person's name, natural
person's state of residence, natural person's email address, and license type
the natural person is applying for.
(i) A licensee must be able to show proof of
licensure while engaged in the activities of the business.
Notes
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