W. Va. Code R. § 103-4-8 - Pyrotechnic Licensing, Examinations Required

8.1. Any person engaged in the business of conducting a public display of fireworks or pyrotechnics shall have a license issued from the State Fire Marshal.

8.2. To receive a pyrotechnic license, a person shall:

8.2.a. Submit an application providing all required forms and documentation to the satisfaction of the State Fire Marshal;

8.2.b. Pay the required fee of $20.00;

8.2.c. Demonstrate through training, skill and experience a minimum proficiency in the field to the satisfaction of the State Fire Marshal;

8.2.d. For new licensure, the applicant must successfully complete and pass an examination administered by the State Fire Marshal;

8.2.e. Provide copies of all required licenses and permits; and

8.2.f. Provide the results of a criminal background examination by the West Virginia State Police Criminal Investigation Bureau and the Federal Bureau of Investigation. If the applicant has been fingerprinted within the previous thirty-six (36) months, then the State Fire Marshal may accept the previous fingerprints or require new fingerprints. The cost of fingerprinting and fingerprint analysis shall be paid by the applicant.

8.2.f.1. Provided, in lieu of the requirements of a criminal background check as provided herein, the State Fire Marshal may accept a valid "Employee Possessor/Responsible Person" clearance as issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives where applicable.

8.3. Applicants who do not meet the minimum requirements based on knowledge, training, skill, experience, or examination, but who are desirous of assisting a licensed Pyrotechnician, may request a Pyrotechnician In-Training License.

8.3.a. The State Fire Marshal shall not require a Pyrotechnician In-Training to produce documentation of training, skill or experience, but shall require:

8.3.a.1. An application providing all required information to the satisfaction of the State Fire Marshal;

8.3.a.2. A fee of $20.00;

8.3.a.3. Provide an affidavit to the State Fire Marshal which verifies that they have not been convicted of any criminal act, or are the subject of any legal proceeding, which would bar or prohibit the applicant from possessing explosive or pyrotechnic material.

8.3.b. All persons employing or utilizing a Pyrotechnician In-Training shall produce, upon request of the State Fire Marshal, an official listing of all Pyrotechnicians In-Training employed or utilized.

8.3.c. A Licensed Pyrotechnician shall not supervise more than five (5) Pyrotechnicians In-Training at any one time.

8.4. A license issued under this Section is not transferrable.

8.5. A pyrotechnic license shall be valid for a period of no more than one (1) year.

8.6. Any person licensed under this Section shall adhere to the provisions of NFPA 495, 1123, 1124 and 1126 where applicable.

8.7. Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code and §103C.S.R.2 - 3 et seq.

Notes

W. Va. Code R. § 103-4-8