South Carolina Code of Regulations
Chapter 71 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-DIVISION OF LABOR
Article 8 - OFFICE OF STATE FIRE MARSHAL
Subarticle 6 - USE OF PYROTECHNICS AND SPECIAL EFFECTS
Section 71-8305.4 - Qualifications of Operators

Universal Citation: SC Code Regs 71-8305.4

Current through Register Vol. 48, No. 3, March 22, 2024

A. Operator Classifications

1. "Pyrotechnic Operator - Unrestricted" may conduct and take charge of all activity in connection with the use of rockets, flame effects, Display Fireworks, binary system pyrotechnics, consumer fireworks, theatrical pyrotechnics, novelties, and other special effects permitted by the OSFM for a proximate audience display, commercial entertainment, or special effects in motion picture, theatrical, and television productions in accordance with NFPA 1123, NFPA 1126, and NFPA 160. The use of explosives or explosive materials not covered under this regulation requires licensure in compliance with S.C. Code Ann. § 23-36-10 et seq. and regulation promulgated by OSFM.

2. "Pyrotechnic Operator - Restricted Outdoor" may conduct and take charge of all activity in connection with the use of flame effects, Display Fireworks, binary system pyrotechnics, consumer fireworks, theatrical pyrotechnics and novelties permitted by the OSFM for an outdoor public fireworks display in accordance with NFPA 1123. This classification DOES NOT include displays before a proximate audience.

3. "Pyrotechnic Operator - Restricted Outdoor (Consumer ONLY)" may conduct and take charge of all activity in connection with the use of consumer fireworks for an outdoor public fireworks display. This classification DOES NOT include displays before a proximate audience.

4. "Pyrotechnic Operator - Special Effects (SFX)" may conduct and take charge of all activity in connection with the use of flame effects, display fireworks, binary system pyrotechnics, consumer fireworks, theatrical pyrotechnics, novelties, and other special effects permitted by the OSFM for the sole purpose of motion picture, television, theatrical or operatic productions. The use of explosives or explosive materials not covered under this regulation requires licensure in compliance with S.C. Code Ann. § 23-36-10 et seq. and regulations promulgated by OSFM.

5. "Pyrotechnic Operator - Flame Effects" may conduct and take charge of all activity in connection with the use of flame effects intended for proximate audience displays, or special effects for motion picture, theatrical, and television productions before an audience in Group A and E occupancies per SCFC and NFPA 160.

B. All Operators.

1. No person shall be granted a license who has not successfully completed a written examination administered by the OSFM. The exam will cover the applicable codes, state laws, and regulations and the additional requirements listed below for the specific class of license for which they are applying.

2. Operators using explosives or explosive materials must have the appropriate Federal licenses. Operators shall provide a copy of applicable Federal licenses.

3. Licenses must be renewed every three (3) years prior to the day of expiration shown on the license.

4. Every two years, each licensed operator shall be required to attend training offered by the OSFM or attend pre-approved training providing a total of eight (8) hours of continuing education during the licensing cycle.

5. In accordance with the Administrative Procedures Act, the OSFM may petition an Administrative Law Judge to revoke or suspend a license because of, but not limited to:
a. Failure to comply with any order written by the OSFM;

b. Conviction of (1) a felony, (2) a crime of violence, or (3) any crime punishable by a term of imprisonment exceeding two years; or

c. Advocating or knowingly belonging to any organization or group which advocates violent overthrow of or violent action against the federal, state, local government, or its citizens; or

d. Having or contracting physical or mental illness or conditions that in the judgment of the OSFM would make use or possession of fireworks, pyrotechnics, or explosive materials hazardous to the licensee or the public; or

e. Violating the terms of the license or essential changes in the conditions under which the license was issued without prior approval of the OSFM;

f. Violating the state laws or regulations governing Public Fireworks Displays or Proximate Audience Pyrotechnics; or

g. Giving false information or making a misrepresentation to obtain a license.

6. Applications for Pyrotechnic Operator - Restricted Outdoor licensing shall provide a notarized statement from a licensed display operator that the applicant has actively participated in the set-up and operation of at least six (6) fireworks displays and is adequately trained to NFPA 1123, and referenced standards as applicable, and the statement must indicate for each display the date, the site, and the name and license number of the supervising operator.

7. The person in charge of the Public Fireworks Display shall be licensed by the OSFM.

8. Applications for Pyrotechnic Operator - Unrestricted licensing shall additionally provide a notarized statement from a licensed display operator or company that the applicant has actively participated and trained in the set-up and operation of at least six (6) proximate audience performances in accordance with NFPA 1126 and referenced standards, and using the types of pyrotechnics for the license classification the applicant is seeking. The statement must indicate for each display the date, the site, and the name and license number of the supervising operator.

9. Licenses for pyrotechnic operators authorize and place the responsibility for the handling, supervision, and discharge of the fireworks or pyrotechnic device permitted by their license classification. The operator is responsible for training of assistants in the safe handling, supervision, and discharge of the fireworks or pyrotechnic devices permitted by their license classification. Assistants that handle and discharge fireworks shall possess proper ATF clearance, where required.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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